Victims of drunk driving crashes deserve justice. If you or a loved one were injured by an impaired driver, we connect you with attorneys who pursue compensation not only from the driver—but also from any bar, restaurant, or business that served them alcohol irresponsibly. Known as dram shop liability, this area of law holds establishments accountable for overserving intoxicated patrons who go on to cause harm.
Frequently Asked Questions
What is dram shop liability?
Dram shop liability is a legal principle that holds bars, restaurants, liquor stores, and other alcohol-serving establishments responsible when they serve alcohol to a visibly intoxicated person or a minor who then causes an accident that injures someone. The name comes from 18th-century establishments called dram shops that sold gin by the spoonful. Most states have dram shop laws, though the specific rules and requirements vary.
Can I sue both the drunk driver and the bar that served them?
Yes, in most states you can pursue claims against both the drunk driver and any establishment that served them alcohol irresponsibly. This is important because the drunk driver’s personal insurance may not be sufficient to cover your damages, while commercial establishments typically carry higher insurance limits. Filing claims against multiple parties increases your chances of recovering full and fair compensation.
What do I need to prove in a dram shop liability case?
To succeed in a dram shop claim, you generally must prove that the establishment served alcohol to a person who was visibly intoxicated or underage, that the establishment knew or should have known the person was intoxicated or a minor, and that the intoxicated person’s actions directly caused your injuries. Evidence such as bar receipts, surveillance footage, witness testimony, and the driver’s blood alcohol content at the time of the accident can help establish these elements.
What compensation can I recover from a drunk driving accident?
Victims of drunk driving accidents may recover compensation for medical expenses, lost wages, pain and suffering, emotional distress, property damage, and loss of enjoyment of life. In many states, punitive damages may also be awarded to punish the drunk driver for their reckless behavior. If a loved one was killed by a drunk driver, the family may file a wrongful death lawsuit seeking additional damages.
How long do I have to file a drunk driving accident lawsuit?
The statute of limitations for drunk driving accident lawsuits typically ranges from two to three years from the date of the accident, depending on the state. Dram shop claims may have different or shorter deadlines in some states. Because evidence such as surveillance footage and bar records can be lost or destroyed quickly, it is important to contact an attorney as soon as possible after a drunk driving accident.
