San Antonio police believe that a 19 year old driver was intoxicated when she crashed while driving on the Wurzbach Parkway. A 19 year old passenger in the vehicle was ejected from the front passenger seat and was taken to the University Hospital where she is in stable condition.
The claim for injuries against the driver will be probably relatively easy as far as liability. However, it will be necessary to pursue all other avenues for relief as the injured minor is likely to have substantial medical bills and possible long term effects from her injuries.
One potential claim often pursued with success is a Dram Shop Case. In a Dram Shop Case a lawsuit is brought against the liquor establishment that oversold the drunk driver. In this case someone provided alcohol to a minor; therefore, it is very important that this be investigated and pursued. Bars, restaurants, ice houses, and liquor stores are all required to require purchaser to provide proof of age; furthermore, they are prohibited from serving someone if they are obviously intoxicated.
Providers of alcohol do have some defenses that can be asserted in a dram shop case and if their defense is successful the case against them is dismissed. This case because of the ages of the driver and her passenger warrants a thorough investigation as to the viability of a dram shop case against the provider of the alcohol.
