Austin Dram Shop Lawyer
If a drunk driver injured you in the Austin area, an Austin dram shop lawyer can help you look beyond the driver alone. Texas law may let you hold the bar or restaurant that overserved them financially responsible too.
Being hurt by someone else’s drinking is hard enough on its own, and the bills rarely wait for a case to sort itself out. A claim against the business that served the drinks is a separate track from the claim against the driver, and it turns on records a business can lose within days rather than years.
Breeland Injury Law, led by attorney Matt Breeland, handles injury claims across Austin and Travis County. Call us at 512-764-3380 to talk with an Austin injury attorney about what happened.
How We Fight Back Against the Bar’s Insurer
Insurance for bars and restaurants exists for one reason: to pay out as little as possible when a claim comes in. Matt spent years on the defense side, representing insurance companies, before he switched to representing injured people in 2016, so he knows how those arguments get built before a claim ever reaches him.
We move fast to preserve surveillance footage and point-of-sale records before they disappear, and we build the case around what the bar’s own staff actually saw and did that night, not just how the story gets told after the fact.
What Is the Texas Dram Shop Act?
The Texas Dram Shop Act is the state law that lets an injured person sue a bar, restaurant, or store that sold or served alcohol to a customer who was already visibly intoxicated. Under Section 2.02 of the Texas Alcoholic Beverage Code, a claim requires proof of two things: it was apparent at the time of service that the customer was obviously intoxicated to the point of being a clear danger, and that intoxication was a proximate cause of the injury.
The law applies to a licensed bar, club, restaurant, or store, since those are the businesses selling or serving alcohol under a state permit. A private host who gave drinks away at a party has not sold anything, so the Act generally does not extend to that kind of private gathering.
A claim under the Act against the bar or restaurant does not eliminate your claim against the driver. Texas law lets both run side by side, since a common-law claim against the person who was actually intoxicated survives separately from the statutory claim against whoever served them.
How Do Bars and Restaurants Become Liable for Overserving?
A bar or restaurant becomes liable for overserving only when both parts of the test above are met:
- It was apparent to the staff, at the time the drink was served, that the customer was obviously intoxicated to the point of being a clear danger to himself or others
- That intoxication was a proximate cause, meaning a direct and foreseeable cause, of the injuries that followed
Both parts have to be proven together. The statute asks what the staff could reasonably see and judge at the moment of the sale, not what a blood test showed hours later. That distinction matters, because the case is built on what employees observed and did, not just on how intoxicated the driver turned out to be.
Who Can Be Held Liable in a Texas Dram Shop Case?
In a Texas dram shop case, the licensed business that sold or served the alcohol is the primary target, though liability can extend further in narrower circumstances:
- The business answers as the licensed provider of the alcohol
- An adult of 21 or older can be liable for serving a minor under 18, but only if that adult is not the minor’s parent, guardian, spouse, or court-appointed custodian, and only if the adult knowingly served the alcohol or knowingly allowed it to be served on property the adult owns or leases
- Selling alcohol to a minor can also carry its own criminal penalty, which sits apart from the civil claim and does not by itself decide who pays for the injury
How Is Fault Divided Between the Bar and the Drunk Driver?
Texas juries assign a percentage of responsibility to each party, so a bar and the intoxicated driver can each answer for their own share of the harm. Under Section 33.003 of the Texas Civil Practice and Remedies Code, the jury, or the judge in a trial without one, sets that percentage for the injured person, each party sued, anyone who settled early, and anyone named as a responsible third party who was not sued directly.
A bar’s own share turns on what the evidence shows about its own conduct that night, not on how the driver’s blame is split. The two questions get decided together at trial, but they are not the same question.
Can a Bar Use the TABC Training Defense to Avoid Liability?
Yes, in limited circumstances. Texas gives employers a defense known as the Texas Alcoholic Beverage Commission (TABC) safe harbor. Under Section 106.14 of the Texas Alcoholic Beverage Code, a business is not held responsible for a server’s actions if all three of the following are true: the business requires its staff to complete a commission-approved seller training program, the server actually completed it, and the business did not encourage anyone to break the law.
All three conditions have to hold at once, so the defense usually comes down to a bar’s own paperwork: training rosters, the server’s certificate, and whether any drink quota or sales incentive pushed staff toward overserving.
What Evidence Wins a Dram Shop Case?
Dram shop cases are won on evidence that shows how the customer looked and acted at the bar, and much of that evidence is kept for only a limited time. The records that tend to carry the most weight include bar surveillance video, point-of-sale and receipt data showing what was ordered and when, server schedules for the staff working that section, and TABC licensing and training records.
An early call to a lawyer gives time to send the bar a written request to preserve those records before they’re gone. Some of these records, particularly surveillance footage, are kept for a matter of weeks rather than months, so waiting narrows your options.
How Long Do I Have to File a Dram Shop Claim in Texas?
In Texas you generally have two years from the date of the injury to file a dram shop lawsuit, and a wrongful death claim also runs two years from the date of death. Under Section 16.003 of the Texas Civil Practice and Remedies Code, that two-year window applies to personal injury claims broadly, with a small number of exceptions set out elsewhere in the same code.
The filing deadline is not the deadline that matters most in practice. A bar’s video and point-of-sale data are usually gone long before two years passes, so the real clock on a strong dram shop case is much shorter than the lawsuit deadline.
Frequently Asked Questions About Austin Dram Shop Claims
Do I Need to Sue the Driver Before I Can Sue the Bar?
No. The claim against the bar and the claim against the driver are separate legal theories, and you are not required to resolve one before pursuing the other.
What if the Bar Says the Driver Did Not Seem Drunk?
That is the central dispute in most dram shop cases. Staff statements, video, and receipts showing how much was served and over what time period are the evidence used to challenge that account.
Does It Matter if I Was a Passenger and Not the Driver Who Was Hit?
No. A dram shop claim is available to anyone injured by the intoxicated person’s actions, whether you were in another vehicle, a passenger, or a pedestrian.
What Happens if the Bar Has Already Deleted Its Video?
A case can still move forward on other evidence, including receipts, server schedules, and witness accounts, but a written preservation request sent early gives the strongest chance of keeping the video itself in play.
Talk to an Austin Dram Shop Lawyer
The records that decide a dram shop case disappear faster than anything else in the claim. If a bar or restaurant overserved the driver who hurt you or someone in your family, we can look into whether a dram shop claim applies alongside a claim against the driver.
When a drunk driving crash leads to a car accident claim or a wrongful death claim, Breeland Injury Law handles those too. If you believe alcohol played a role in what happened to you, talk to an Austin dram shop lawyer. Contact us today or call 512-764-3380 to talk about your case.
I had a great experience working with Matt Breeland. He was professional, responsive, and kept me informed throughout the entire process. He took the time to answer my questions and made everything as smooth and stress-free as possible.
Thank you, Matt, for all your hard work and for helping me through my case. I truly appreciate everything you did and would definitely recommend your services to anyone looking for an attorney they can trust.
After I was rear-ended and unsure how to navigate the legal process, Matt Breeland was recommended to me and I’m really glad he was. He made everything simple and easy to understand, and the whole process ended up being much less stressful than I expected. He handled everything professionally and kept me updated along the way. I also really appreciated the help from his legal assistant, Lisabeth. I’m very grateful for their support and would definitely recommend Matt to anyone who needs a great attorney!
As a foreigner, this was my first time experiencing an car accident here, and I had no idea how the process worked. I felt scared, worried, and overwhelmed. I read many law firm reviews before choosing here, and it turned out to be a perfect decision.
He was incredibly kind, and what I appreciated most was communication. He always reassured me and made me feel at ease throughout the entire process. He handled my case very efficiently and brought everything to a smooth conclusion.
I’ve seen many people around me experience long delays in their settlements, but my case was resolved much sooner than I expected. I truly and sincerely recommend this law firm.
I highly recommend Attorney Matt Breeland and Breeland Injury Law for personal injury legal representation. He and his team provided exceptional guidance and representation for my matter following a car accident in which I was rear-ended at a stop light, my car was totaled, and I sustained injuries for which my doctor expects I will require chronic pain management.
Matt Breeland always made himself available to explain the complex legal concepts of my case, which was instrumental in helping me understand the implications of every decision he and I needed to make. He always communicated in a manner that made me feel supported and informed. And his responsiveness to my calls, texts, and emails was invaluable during critical phases of the process.
Mr. Breeland provided much-needed reassurance throughout the 17 months from our first introduction to settlement with the insurance company for the person who hit me. His commitment to keeping me grounded through some very difficult times and focused on the ultimate goal is much appreciated.
I am thoroughly satisfied with Mr. Breeland’s representation. I would enthusiastically recommend him and Breeland Injury Law to any business or individual seeking strong, effective, and results-driven legal counsel for a personal injury case in Austin, Texas.
Matt was recommended to me by one of the biggest personal injury firms in Austin. Over the course of my 6 month case, he guided me every step of the way and made the process very streamlined and straightforward. He always replied quickly and definitely helped manage my expectations. If you need personal injury legal advice, I couldn’t recommend Matt more highly.
I can’t say enough great things about Breeland Injury Law. From start to finish, Matt was incredibly attentive, professional, and genuinely cared about my case. He took the time to explain everything clearly, kept me informed every step of the way, and worked tirelessly to make sure I received the best possible outcome.
What truly stood out was his integrity—he even reduced his fee to ensure I could receive the full benefit of my settlement. That kind of compassion and dedication is rare.
If I ever need an injury lawyer again, Matt Breeland will be my first and only call. I highly recommend him to anyone looking for a skilled and trustworthy attorney who puts their clients first.
I was in a rear end accident and had several medical bills related to my neck. Even with issues from the medical providers and records, Matt was able to get a settlement that covered all my expenses and gives me a cushion for future expenses. He made the process easy for me.
I had an excellent experience working with Matt Breeland with Breeland Injury Law. He was knowledgeable, professional, and truly dedicated to helping me navigate my legal situation. From our first consultation, he took the time to explain everything clearly, ensuring I understood my options and the best course of action. His attention to detail, responsiveness, and commitment to my case gave me confidence and peace of mind throughout the process.
Beyond his expertise, Mr. Breeland was compassionate and genuinely cared about achieving the best outcome for me. He handled everything efficiently and kept me informed at every stage. I highly recommend Breeland Injury Law to anyone in need of a skilled and trustworthy attorney.
I can’t thank Matt Breeland enough for everything he did for me. From day one, he went above and beyond. always taking the time to explain every step, answer all my questions, and make sure I felt supported throughout the entire process. He truly cared about my well-being, not just the case, and made sure I got the best possible outcome. His professionalism, dedication, and compassion are unmatched. I would highly recommend him to anyone in need of an injury lawyer who will fight for you and genuinely take care of you.
Matt is an amazing attorney. He made the process of my accident smooth, and not only that, I had a second accident right after the first, and he handled both expediently and efficiently. He knows his stuff. He’s such a nice guy; he makes you feel comfortable. He responds to your texts/calls, and if you don’t understand something, he’ll explain it to you until you do. I put all my trust in him, and I’m glad I did; he’s more than an attorney—he’s a friend. I highly recommend Matt.
My husband and I were involved in a multi-car accident in 2022; after speaking to several law firms, we decided that Matt would represent us through the complicated legal landscape. What sets Matt apart from bigger law firms is the access and communication to speak to your actual attorney. We had a standing Wednesday appointment to speak to Matt regarding any questions, concerns, and expectations about our health and our case. As our case evolved to the nuances of personal injury Matt continued to go to bat for us against numerous law firms with unwavering conviction. He will give you an honest, unbiased opinion of your options and your choices regarding your case going forward and insert his expertise on possible outcomes. Matt is a genuine person who is deeply passionate about his clients and the law. If you are considering hiring an attorney, you can expect honesty, transparency, and fairness from Breeland Injury Law.
Truly one of the best experiences I’ve had with an attorney. Matt quite literally saved me from a terrible situation and gave me the best outcome. I cannot recommend him enough.
A friend of mine recommended Matt to me after being in a car accident. This was the first time I was in a car accident and I had no clue what I should do. I am glad that I had chosen Matt as my lawyer because he helped me along the whole way. While working on my case, I moved to another country, then moved back to the states. But Matt made everything very easy for me. I had full trust in him that he was doing the best for me and everything turned out great. Highly recommend Matt Breeland!
I was injured in a traffic accident as a pedestrian. After talking to a few lawyers, I decided to choose Matt for two reasons: 1) I couldn’t find any bad reviews of him online (now I understand why), and 2) he was incredibly patient listening and explaining to me the whole process of being involved in a personal injury case. I am not a US citizen, I was in the US working temporarily so I had no idea what was coming. Having someone on my side who truly cared and made everything easy simply meant the world to me. He was always available to answer my questions and the case turned out incredibly well. Choosing Matt has been one of the best decisions I have ever made, as he turned one of the most traumatic moments in my life into something manageable. I cannot thank him and recommend him enough.
A mutual friend referred me to Matt after a car accident that left me injured. I did some shopping around before I contacted Matt, and after we spoke I knew he was the right person to represent me. He was transparent, supportive, and communicative. When searching for a lawyer who specializes in injury law, you may come across some questionable characters. Thankfully, I found Matt, and he is not that. Matt brings integrity and sincerity to his work. He made it easy to communicate and was always accommodating to my schedule if I was busy. His persistence got me through the settlement process seamlessly and painlessly, with my settlement done just in time for the holidays. I’m thankful for how easy he made a stressful process.
Matt went above and beyond in my personal injury case. There weres several unexpected and unique twists and turns that popped up, and Matt never wavered. If you’re in need of high quality, attentive, and caring representation with attention to detail, I couldn’t recommend anyone more than Mr. Breeland. Huge thanks to Matt Breeland and his team!
I had to make my first insurance claim after a motorcycle accident with an uninsured motorist and quickly realized I couldn’t get what I needed myself. Breeland Injury law got me the maximum allowable. It took longer than I expected, but I am very pleased with the results. Matt worked hard to get me what I needed, and I’m very greatful.
I was very impressed with the level of service I received! Matt Breeland was my attorney. I had an injury (slip & fall) caused by negligence that was caught on video. They had a phone consultation with me and then we met face to face. They were very thorough and told me the very worst scenario and the best and also a typical outcome. They were very responsive and I even corresponded by text and phone calls with Matt (e-mails as well). There were some challenges on the way due to my personal situation, but they were very accommodating. I have had bad experiences with lawyers before (not responding to phone calls or emails); so it was very refreshing having the level of personal service I received. I felt that they were really my partner in getting a just settlement. I highly recommend Matt Breeland!
You don’t realize that you need a lawyer in life until something unexpected happens. After calling different lawyers i decided to pick Matt, he has good communication skills and will get back to you with any questions asked. I believe that Matt is someone who works hard and tries which in my experience is hard to find these days. I made the correct decision with being represented by Matt Breeland.
Matt Breeland is an AMAZING attorney. Not only was he considerate and consistent in his communication, but he went to bat for me! Although I hope I don’t have a need for him in the future, I would use him again and again!! j can’t recommend him enough.
I was in a motorcycle wreck July 2023 and was out of work for 4 months. I had never dealt with lawyers before. My case got referred to Mr. Breeland from Daniel Stark. There were some communication concerns but that may just be that I didn’t like being in the dark with so many unknowns but when I had questions Mr. Breeland was very patient with me and answered them to the best of his abilities. When my insurance and doctors tried to charge me AND demand money from the settlement amount Mr. Breeland did a great job getting that sorted out and did the same when my orthopedic sent debt collectors my way. Obviously I hope to never need an injury lawyer again but if that need arises again I’d trust Mr. Breeland again.
Matt is a brilliant attorney and very knowledgable in the field. I never had a doubt at any moment and he ensured that I understood the process and all my options. I believe I would have been in worse condition if he did not take care of me. No one wants to be in a car accident, but if this does happen to you, pick up the phone and call as you will be in good hands.
Many years of experience pairs nicely when you are cared for like a family member. The wealth of knowledge that Matt has certainly will make you feel comfortable moving forward towards the right direction.
My overall experience if i can rate it more than 5 stars i would. Don’t waste time reviewing others, just pick up the phone and see for yourself.
We are ever so grateful to have worked with Matt Breeland to help us with a personal injury issue. The case was resolved to our great satisfaction and maybe more importantly, Matt was attentive to our needs, responsive to our questions, and not once did we feel that we were “just another client”. I hope we won’t ever again require such services, but if we do, we know who we will be calling!
Matt was honestly the best lawyer I could have hoped for. My case was complicated and Matt was understanding, patient, and took care of everything for me. Everything turned out so much better than I could have even possibly imagined. I highly recommend his services and would not hesitate to call him again.
Matt is very kind and hardworking man who diligently handled my case and made sure that everything was taken care of.
Matt Breeland is not only great at what he does, he also won’t dance around, lie to you, or ghost you. He took on our case, after it just hanging in the air and our lawyer ghosted us. He made it his goal to help us and get us some justice! And boy did he deliver and also in a nick of time.
Very professional, amazing communication, hands on and zero worries for us. Could not have felt more comfortable. We are very thankful to everything he has done for us. Tha k you, from the bottom of my heart!
If it wasn’t for Matt I wouldn’t have gotten anything. He worked really hard getting a settlement for me. If at anytime you want to talk to him, he is there for you. He explains everything to you. With me sometimes two or three times before it would sink in for Me. But he would do it over an over for me if I needed it. Matt is a wonderful attorney to work with.
I’ll start with a little pretext, I was riding my motorcycle on the access road of 183 on July 20th and a car jumped across 3 lanes of traffic and side swiped me. I broke 4 out of 5 metatarsal bones in my right foot. Initially I went to Matt while he was still with FVF law, but while my case was still in initial phases Matt decided to go off on his own and open up his own practice. After being given the choice to stay with FVF or go with him it was an easy decision to stay with Matt especially remembering the fact that he also helped my friend win a HUGE settlement years ago.
Anyways after breaking my foot and deciding to stay with Matt on his independent venture Matt was the kind of lawyer I needed him to be from the very moment we started things at FVF to the final delivery of my settlement. Matt never let me feel out of the loop and he was very responsive to my outreach even when I’d text him on days/times you wouldn’t always expect a working professional to respond. Matt’s ability to keep me as a client level headed and informed through the whole process was what made him good and his attention to detail and personal touch are what makes great. I would recommend him to anyone looking for an injury lawyer!
Matt Breeland is awesome! He’s a straight shooter that gets back to you right away. It was always easy to reach him, which can be a bit of a challenge with some attorneys. I would recommend having him handle your case!
After waiting for seven months for the at fault party’s insurance to finalize only to be offered an amount less than my deductible, I reached out to one of the “big” injury firms and was referred to Matt. I am so glad I made that call! Professional, highly communicative, and an easy demeanor reduced my stress around the situation greatly. I was hoping to get reimbursed for my out-of-pocket expenses around the rental car, lost wages, and vehicle replacement. In the end, I received over three times that amount. I hope not to need his services again, but I will surely be recommending him to anyone I know who does.
My first time involved in a medical injury case and Matt could not have handled it better, definitely recommend!
Matt did an outstanding job handling my injuries claim from the beginning to the end. His priority was how I could get I the best treatment . Always kept communication wide open, honest and very diligent. Very professional
Very professional attorney who got great results for my case. Would highly recommend!
he’s great! He helped me deal with a very difficult insurance company. He’s had much more profitable cases than mine, but he still helped. His negotiation skills are stellar and as busy as he is he still manages to be very communicative. He’ll make sure you get the medical treatment you need and he will also get to know you.
Mr. Breeland was very communicative, very professional. Great with his time management. As well being up front about everything from price to how long it could take. Made me feel like my case was very important to him as well.
Matt did a phenomenal job for me. His expertise, precision, and dedication was beyond what was expected. I hope I never have to deal with a situation like this again, but if I do; I at least know I have the best representation in town with Matt!
Outstanding Attorney And Staff. They Helped Me Immensely,Ensuring That I Received All The Necessary Treatment I Needed For My Recovery.
Matt was very professional, friendly and was assuring throughout the whole process. I could not recommend him enough!
After my car accident my father researched online for the top attorneys in Central Texas. Breeland Injury Law popped up. I gave him a call and the entire case was a pleasant experience. He and his team were very accessible and answered all of my questions and kept me abreast of every step in the process. I would definitely recommend Breeland Injury Law.
Matt and his team are amazing, they are extremely understanding of what their clients are dealing with and go above and beyond to get the best results possible. I highly recommend them for any of your personal injury needs!
Matt Breeland’s honesty and genuine care for me, his client, impressed me in all ways, and his many successes speak clearly of his legal talents. He and his office are easy to work with, and are gentle, even when you don’t understand the process. I highly recommend Matt Breeland.
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