Every 39 minutes, a life is lost in the US due to drunk driving, as reported by the National Highway Traffic Safety Administration. These sobering numbers highlight the devastating consequences of drunk driving and the importance of holding those responsible accountable for their actions.
Apart from pursuing criminal charges against an intoxicated driver, individuals affected by alcohol-related accidents have the option to pursue civil remedies under dram shop laws. These laws hold alcohol establishments liable for serving or providing alcohol to someone who is already intoxicated and later causes harm to others.
If you or a family member has suffered injuries in a drunk driving accident, you might have a chance to include this concept. Contact a drunk driving accident lawyer today to explore your legal avenues, pursue justice, and get the compensation you deserve.
Read on to learn more about dram shop laws and how you can hold an alcohol establishment liable for your accident.
Understanding Dram Shop Laws
According to this law, individuals who sell, serve, or provide alcohol to visibly intoxicated individuals can be held accountable for any resulting injuries or damages caused by the intoxicated person.
However, there are limitations to this law. To hold an alcohol establishment liable under dram shop laws, the following conditions must be met:
- The establishment must have served or sold alcohol to a person who is obviously intoxicated.
- The intoxication of the individual must have been the proximate cause of the injury or damages.
- The injured party must not have contributed to their own injuries in any way.
Additionally, it is essential to note that the establishment can only be held liable if the person who was served alcohol was already visibly intoxicated at the time of being served. This means that establishments are not responsible for monitoring their customers’ level of intoxication and cannot be held liable for accidents caused by someone who appeared sober at the time of serving.
When Can You Hold an Alcohol Establishment Liable?
To hold an alcohol establishment liable under dram shop laws, it is crucial to demonstrate that the establishment served alcohol to an individual who was visibly intoxicated. This task can pose challenges, necessitating evidence like eyewitness testimonies, surveillance recordings, or statements from bartenders and servers.
However, there are certain situations where holding an alcohol establishment liable may be more straightforward. For instance, should a bartender persist in serving alcohol to an individual displaying visible signs of intoxication or to an individual below the legal drinking age, they could be deemed accountable for any ensuing accidents or injuries.
Proving Your Case Against an Alcohol Establishment
Winning a dram shop case against an alcohol establishment can be challenging. Here’s why:
- Time: Evidence, like receipts or security footage, may be difficult to obtain after a significant amount of time has passed.
- Witness Cooperation: It can be tricky to find and secure witness statements from people who may have been at the bar.
- Shifting Blame: The establishment might claim they did everything possible to verify the minor’s age or argue the intoxication wasn’t obvious.
This is where evidence becomes crucial. The more information you can gather, the stronger your case. This might include:
- Witness statements from anyone who saw the minor being served or acting intoxicated.
- Receipts that show the minor was purchasing alcohol.
- Security footage, if available.
However, navigating the complexities of dram shop laws and collecting evidence is best left to an experienced professional. A seasoned personal injury attorney, well-versed in local laws, is equipped to meticulously examine your case, compile evidence, and advocate for the rightful compensation you are entitled to receive.
Potential Damages Recoverable
If you are successful in proving your DUI case, you may be entitled to the following types of damages:
- Medical expenses: Current and future medical bills related to the accident.
- Lost wages: If you’re unable to work due to injuries sustained in the accident.
- Property damage: If any property was damaged in the accident.
- Pain and suffering: For physical or emotional distress caused by the accident.
- Loss of earning capacity: If the accident has resulted in long-term disabilities that affect your ability to earn a living.
- Punitive damages: In cases where the establishment acted with gross negligence or intentionally served alcohol to someone who was visibly intoxicated, punitive damages may be awarded as a form of punishment and to deter similar behavior in the future.
Don’t Wait – Seek Legal Help Today!
If you or a loved one has suffered injuries because of an intoxicated person’s actions, it’s crucial to promptly seek legal help. With the help of an experienced personal injury lawyer, you can navigate the complexities involved and hold the at-fault parties accountable for their actions. Contact a lawyer today for a free consultation and to protect your rights to fair compensation.
