If you were injured in a drunk driving wreck, you may be able to hold more parties than just the drunk driver responsible for compensating you for your injuries. For example, you could have a claim under Texas’ dram shop law against the business who sold alcohol to the driver before he got behind the wheel. If the driver was an intoxicated minor under 18 years old who was served alcohol at a person’s home, that person could face liability under Texas’ social host law. However, in order to pursue these additional avenues of compensation, you will need to comply with an important law—the statute of limitations for filing a lawsuit.
What Is the Statute of Limitations for Dram Shop and Social Host Laws?
The statute of limitations is the time period you have for filing a lawsuit under Texas law. If you fail to file your civil complaint within this time period, the consequence is severe. You would lose your right to file a lawsuit and your right to compensation for your injuries caused by the drunk driver. Under Texas dram shop and social host laws, you must file your lawsuit within two years of the date of your crash.
Tolling of the Statute of Limitations
In rare cases, the two-year time period to file a lawsuit is tolled, which means that it is delayed. Under the dram shop law and social host law, the statute of limitations in tolled in these situations:
- The victim is suffering from an unsound mind, which is a major mental defect caused by the wreck that results in him being unable to understand the lawsuit.
- The victim is in the “age of minority”—under 18 years old. This victim would have until he reaches 20 years old to file his lawsuit.
Have You Or A Loved One Been Injured By A Drunk Driver?
If you've been injured by a drunk driver in Texas you need to speak with an experienced drunk driver injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.