You may have heard of dram shop laws when the topic of being overserved comes up. Bars, taverns, and other places that serve or sell alcoholic drinks have a legal responsibility to ensure that their product or service does not contribute to an injury-causing or fatal accident. While the law imposes responsibility on dram shops, getting what you deserve in a settlement can be difficult.
If you or a loved one suffered an injury or was killed in an accident with a drunk driver, you need a legal representative. Contact a drunk driving accident attorney immediately after an accident to protect your legal right to recover compensation for your losses.
What Is Dram Shop Liability?
Dram shop liability refers to the laws in place across the country that place a legal responsibility on establishments that sell or serve alcohol for the injuries intoxicated or underage patrons cause when overserved at their establishments.
History of American Dram Shop Laws
Bars, pubs, taverns, and any other establishment that sold or served alcohol was known as a “dram shop.” The earliest known dram shop laws in America come from the 19th-century temperance movement.
The goal of dram shop laws is to hold a business accountable for causing injury or death because of their irresponsible business practices. By keeping businesses aware that they might share responsibility for injured people if their establishment is irresponsible, businesses will think before overserving patrons.
Elements of Dram Shop Laws
To recover based on dram shop laws, you need to show proof of the establishment’s actions. The following elements might help you understand what you must show to recover from a negligent dram shop.
Serving Alcohol to Intoxicated or Underage Patrons
Dram shop laws generally hold businesses responsible if they serve alcohol to someone who is already visibly intoxicated or to a minor. In a case where a business is accused of overserving a patron or a minor, the plaintiff must show that the intoxicated person was visibly intoxicated or was underage.
Negligent Overserving
An establishment negligently overserves a patron when they serve an obviously intoxicated person. Some common signs of intoxication include slurred speech, being unstable on one’s feet, and the smell of alcohol might be apparent as well. An establishment that serves alcohol can have legal liability if they overserve or serve an obviously intoxicated person.
Injuries and Damages Related to Overserving
The plaintiff must prove that their injuries were caused by the patron being over-served. Driving under the influence of drugs or alcohol can cause severe and even deadly accidents. According to the National Highway Traffic Safety Administration, drunk driving accidents happen every 39 minutes.
Underage Drinking
Establishments that serve or sell alcohol are responsible for serving underage people. According to the Centers for Disease Control and Prevention, excessive alcohol use is responsible for nearly 4,000 deaths of people under the age of 21 nationwide every year.
Common Injuries In Drunk Driving Accidents
Some common injuries happen in drunk driving crashes. Some of the most common types of injuries that happen after a drunk driving accident include the following:
- Head and brain injuries
- Neck and spine injuries
- Chest and abdominal injuries
- Leg and arm injuries
- Facial injuries
- Burns
- Psychological injuries and mental and emotional trauma
- Broken or dislocated hands and wrists
- Pelvic injuries
- Injuries to the extremities
- Death
A drunk driving accident attorney can help discover and collect compensation for all your injuries. Contact an attorney immediately after a drunk driving accident.
Steps To Pursue Compensation After a Drunk Driving Accident
Getting the compensation that you deserve after a drunk driving accident may require you to take certain steps. Here are the general steps that accident victims take to receive fair compensation after an accident with an intoxicated driver.
Consult A Drunk Driving Accident Lawyer
Before making any decisions that can be binding and affect your ability to recover fully, you should speak to an attorney. A drunk driving accident lawyer will review your case’s facts and determine your claim’s viability. An attorney can help assess your damages and create a strategy to recover the compensation that you are owed.
Gather Evidence
It is critical to have sufficient proof of how the accident happened. Especially in dram shop cases, you need to connect the dram shop’s actions to your injuries.
File An Insurance Claim
Your case might start with filing a claim against the driver’s and the establishment’s insurance companies. Working with a singular insurance company is hard enough to handle, but working with multiple insurance companies can be overwhelming. An attorney knows how to handle insurance companies and overcome their tactics to avoid paying you.
File a Lawsuit
File a lawsuit if necessary. Many accident claims are resolved during the settlement negotiations phase. However, if the negotiations were not successful, meaning that they did not yield a satisfactory settlement offer, your attorney might file a lawsuit on your behalf. Filing a lawsuit can be scary, especially if this is your first time in the court system. Having an attorney is the best way to protect yourself after an injury.
How Can A Drunk Driving Accident Attorney Help Me?
It is best to rely on the experience and skill of an accident lawyer after getting into a crash with a drunk driver. An attorney will use their experience to help through a complex legal process. Here are some of the most practical ways an attorney can help.
Establishing Liability and Proving Negligence
Establishing fault can be difficult after a drunk driving case that involves a dram shop. An attorney can help identify each potentially responsible party and hold them all accountable. A lawyer will help gather the evidence necessary to establish that the at-fault driver was involved at the time of the accident. Examples of pertinent evidence can include:
- Surveillance videos
- Police reports
- Blood Alcohol Concentration levels and reports
- Witness statements
Handling Complex Legal Procedures
Dram shop accidents are often challenging to navigate. Your lawyer will explain the ins and outs of the legal process. For example, there are many procedural rules that must be complied with, or your case might be at risk.
The statute of limitations is an important procedural rule. The statute of limitations is a deadline set by law that limits the amount of time that an accident victim has to file a lawsuit to recover compensation for their losses. Failure to comply with the applicable statute of limitations can mean you lose the right to pursue your case. Having a drunk driving accident attorney helps you ensure that you are following each procedural rule, including the statute of limitations.
Calculating and Maximizing Your Damages
Many accident victims do not know the full extent of their injuries and losses. Downplaying your injuries and losses can keep you from getting the fair compensation you deserve. An attorney can critically examine your losses and calculate your case’s estimated value. Having an attorney will help maximize your financial recovery.
Dealing With Insurance Companies
Negotiating with insurance companies can be one of the hardest parts of the accident claim process. Insurance adjusters will use various tactics to keep from paying you the fair compensation you deserve. An attorney will help overcome any underhanded tactics used against individuals.
Ensuring You Seek Full Compensation For Future Losses
An attorney can help identify all of your losses. Additionally, a drunk driving accident attorney can help by investigating the facts and presenting your case persuasively to an insurance company, judge, or jury if your case moves toward trial.
Navigating the Emotional And Psychological Impact of The Accident And Claims Process
Drunk driving often involves an emotional fallout. The emotions behind a dram shop case can cloud your judgment and make it hard to know what to do next. Having an attorney look at the issues objectively can help you know what is best for you and your family’s financial recovery.
Handling Criminal Proceedings, If Applicable
Drunk driving accidents can have civil and criminal consequences. Often, the outcome of the criminal case can influence the outcome of the civil case. Speak with an attorney about the potential civil and criminal liability involved in the Dram Shop case.
Investigating the Accident
Your drunk driving accident lawyer will help investigate the accident. An attorney can gather evidence related to the accident, such as police reports, surveillance footage, witness statements, and accident scene photos, and may also review the drunk driver’s history of alcohol use or previous DUIs to strengthen your case.
Pursue a Personal injury Lawsuit
If the insurance settlement is not sufficient or the at-fault party’s insurance is not cooperating, an attorney can help file a personal injury lawsuit in civil court.
Help You Get Medical Treatment
Some accident victims have difficulty getting the medical care they need. Your attorney can assist in getting the necessary medical treatment, even if you are concerned about paying for it upfront. They can often negotiate with healthcare providers or arrange for treatment on a lien basis, where payment is made after your settlement award.
Filing a Wrongful Death Lawsuit If Applicable
Many drunk driving accidents are fatal. If you have lost a loved one because a driver was overserved, contact an experienced attorney immediately. You need legal help to get what you deserve after a drunk driving accident. Call a lawyer to get your family the financial compensation you deserve, and that will help get the monetary compensation you need to get your lives back on track.
Having an attorney is the best way to get what you deserve after an accident. There is no need to go after compensation alone. Call an experienced drunk driving accident and get the help that you deserve.
What Damages Are Available After a Drunk Driving Accident?
Victims can face a variety of losses after a drunk driving accident. Damages can include a range of things that cover the various impacts of the accident and its effect on a victim’s life. Examples of the different types of damages after a drunk driving accident include the following:
Economic Damages
Economic losses are usually easily identifiable. These losses include the tangible damages that an accident victim faces after a drunk driving accident. Examples of economic losses can include:
- Emergency medical care
- Ongoing medical care
- Prescription medications
- Specialized care
- Lost income from work
- Lost earning capacity
- Vehicle repair or replacement
- Personal property damages
- Out-of-pocket expenses
- Funeral and burial costs
Non-economic Damages
The non-economic costs of an accident, especially with a drunk driver, are significant. Non-economic losses include damages like:
- Pain and suffering
- Emotional distress
- Mental anguish
- Post-Traumatic Stress Disorder
- Loss of consortium
- Loss of enjoyment of life
Discovering whether you have suffered these losses and to what extent can be complicated on your own. Having an attorney work on proving these losses for you can increase your odds of receiving fair compensation after a drunk driving accident.
Punitive Damages
In rare cases, victims may recover punitive damages. Punitive damages do not include compensable losses that the victim might be entitled to recover. Rather, punitive damages include a monetary award to the victim intended to change the defendant’s behavior in the future. Regarding dram shop laws, courts might award punitive damages to deter the establishment from overserving and be more mindful of their practices.
Having an attorney is the best way to ensure you get what you deserve after surviving a drunk driving accident. Contact a lawyer today to learn what you may be entitled to recover and get the financial compensation you need to get your life back on track after an accident.
Contact A Drunk Driving Accident Lawyer Today
You deserve an experienced legal team to guide you and protect your interests through the claims process after an accident. There is no reason for you to go through this alone, and trying to do so can jeopardize your future. Contact a personal injury attorney with experience holding establishments that overserve patrons accountable for your injuries.
Dram shop laws are complicated, and you can expect applying them to be a challenge. Do not delay. Contact a skilled and knowledgeable lawyer today.
