Fault for a drunk driving collision is usually relatively obvious. The person who had too much to drink despite the law is typically to blame when they cause a collision. Drunk drivers can put people in the hospital or cause preventable fatalities.
The people affected by drunk driving collisions often want to hold the impaired motorist accountable. They have the option of filing an insurance claim against the drunk driver. They can also potentially file a personal injury or wrongful death lawsuit, as the decision to drive after drinking exposes an individual to legal liability. Successful claims against drunk drivers can give people a sense of vindication. However, they may also decide to pursue a dram shop lawsuit against the bar or restaurant that served alcohol to the drunk driver.
Why do some people seek to hold businesses accountable for the actions of a drunk motorist?
Car insurance isn’t adequate
Many times, the reason that people choose to file a dram shop lawsuit against a bar or restaurant is that the driver at fault for the crash cannot provide them with adequate compensation. In cases involving catastrophic injuries or premature mortality, baseline insurance coverage is far too low to fully cover collision expenses.
The driver might have as little as $25,000 in bodily injury liability coverage. That may not be enough to cover initial hospital bills, let alone a lifetime of lost income or decreased earning potential. Those worried about the catastrophic costs triggered by a drunk driving crash may want to take action against a business, as commercial insurance policies are typically larger than basic car insurance policies.
Businesses contribute to risk on the road
Another reason that people take legal action against a business after a drunk driving incident is to hold the company accountable for endangering others. There are numerous laws in place restricting the service of alcohol to the public. Dram shop lawsuits are usually only an option in cases where clear legal violations occur.
If workers serve minors or continue serving people who are clearly drunk already, their actions violate liquor laws. They also create an unnecessarily dangerous situation for anyone else on the road that day. A successful dram shop lawsuit can force a business to retrain its employees and better adhere to the law. These lawsuits can also serve as an important lesson for others operating hospitality businesses.
Discussing the circumstances surrounding a drunk driving collision with a skilled legal team can help people evaluate whether a dram shop lawsuit might be possible. Successful litigation can help affected parties defray the expenses related to a wreck.