People who decide to break the law are generally liable for their own choices. However, not everyone willing to break the law can offset the consequences of their choices. People who drive after drinking are legally liable if they cause crashes because of their intoxication.
The other people involved in the wreck can file insurance claims or possibly even lawsuits against a drunk driver. In some cases, the person who drove while under the influence may lack sufficient insurance coverage or adequate personal property to fully reimburse the affected people.
The law does provide alternative options for individuals harmed by drunk drivers. Provided that the impaired motorist consumed the alcohol at a licensed business prior to causing a crash, a dram shop lawsuit could be an option. Dram shop litigation requires proof of liquor law violations. What types of business choices might result in a bar or restaurant being liable for a drunk driving crash?
Serving a minor
The law is very clear about who can legally purchase and consume alcohol. People must be at least 21 years old to legally purchase and consume alcoholic beverages.
If the workers at an establishment knowingly serve a minor alcohol and that minor goes on to cause a crash on their way home, the business could face a dram shop liability lawsuit.
Serving clearly drunk patrons
People drinking in public generally need to limit their intake to a reasonable amount. If they drink excessive amounts of alcohol, businesses may have to cut them off from additional service.
Liquor license rules require that businesses stop serving alcohol to people who are visibly intoxicated or refuse service to those who enter the establishment while already plainly under the influence. In scenarios where bar or restaurant workers serve alcohol to someone who stumbles around, slurs their words or displays other clear signs of intoxication, the business may be subject to a dram shop liability lawsuit later.
In situations where drunk drivers do not have the insurance or resources to properly compensate the people they hurt, dram shop lawsuits can be a reasonable alternative. Reviewing a drunk driver’s behavior before they cause the crash can potentially lead to alternate options for compensation.