Drunk Driving Accidents: How to Hold Bars and Restaurants Liable

It is a common legal practice to hold drivers accountable for accidents caused by drunk driving. However, drivers might have inadequate insurance coverage for your serious injuries, and you might want to explore other sources of liability. 

In some situations, establishments that over-serve drivers may also be held accountable. If you or a loved one suffered injuries due to a drunk driver, you should work with a drunk driving accident lawyer to explore legal avenues against bars and restaurants that negligently contributed to the incident. 

At Fadduol, Cluff, Hardy & Conaway P.C., we have over 40 years of experience guiding our clients in seeking justice after suffering injuries caused by others. We know how to hold bars and restaurants liable for their negligence.

Understanding Dram Shop Laws

To curb the problem of intoxicated driving, many states have what are called dram shop laws. These are laws designed to hold businesses liable for serving alcohol to visibly intoxicated or underage individuals. They aim to deter over-service and promote responsible alcohol distribution. 

In addition, social host liability laws can hold individuals accountable for serving alcohol in a non-commercial setting if it results in a drunk driving accident. In Texas, social hosts are, however, not held liable for serving alcohol to their guests, except for serving a minor who later causes an accident. 

New Mexico is among the states whose Dram shop laws also hold social hosts potentially liable for recklessly overserving guests of any age who later cause injuries to others.  Seeking compensation under dram shop liability laws requires an understanding of when and how to apply them in the state where the accident occurred. That is why it is recommended that you seek legal representation to build a strong case.

Key Factors in Proving Bar and Restaurant Liability

To hold a bar or restaurant liable for causing a drunk driving accident, you must demonstrate the following:

The Patron Was Visibly Intoxicated When Served

An important aspect of a dram shop case is proving that the establishment continued serving alcohol despite clear signs of intoxication. Visible intoxication includes:

• Slurred speech
• Stumbling or lack of coordination
• Aggressive or erratic behavior
• Bloodshot eyes or strong alcohol odor

A drunk driving accident attorney may use eyewitness testimony, surveillance footage, and receipts to show excessive alcohol purchases to help establish this claim.

The Establishment Knew or Should Have Known the Patron Was Intoxicated

Bars and restaurants have a duty of care to monitor their patrons’ alcohol consumption and cut them off when they reach dangerous levels of intoxication. The danger was foreseeable, however, if the establishment failed to take precautions, contributing to sending an intoxicated driver into the community. If staff ignored clear signs of drunkenness or failed to follow responsible alcohol service guidelines, you can hold the establishment liable.

The Intoxicated Patron Caused Harm

To win a dram shop drunk driving claim, you must show that the bar’s or restaurant’s negligence directly led to the accident. This involves:

• Establishing a timeline of events – when and where the intoxicated driver was served and when the accident occurred
• Connecting the over-service of alcohol to the driver’s impairment
• Demonstrating how the impairment caused the crash

A drunk driving accident lawyer can gather key evidence to link the drunk driving accident to the excessive service of alcohol. An attorney can also help ensure that your drunk driving case is filed within the statute of limitations to preserve your right to justice.

Contact a Drunk Driving Accident Lawyer Today

If you or a loved one was injured by a drunk driver, don’t overlook the potential liability of the establishment that overserved them. Holding the negligent bars and restaurants accountable is key to securing recovery for the damages resulting from the accident. The legal team at Fadduol, Cluff, Hardy & Conaway P.C. is ready to help you prove your claim and secure rightful compensation. Call 800-433-2408 or contact us online to schedule a free consultation and explore your legal options.