Bar Over-Serving Lawsuit in 2024 - Can I Sue a Bar Over-Serving Alcohol to a Driver
If you or a loved one have been injured or died because of the actions of a drunk driver, the effect on your life could be devastating. Imagine how much worse it would be if you discovered that the drunk driver should not have been allowed to drink at all. If you find yourself in this terrible situation, then you need to consult with an attorney who is familiar with filing a bar over-serving lawsuit.
In general, to avoid liability, the bar must stop serving the patron drinks if they are planning to drive home. Or, at the very least, they should get the driver to take a taxi or rideshare home instead of driving themselves.
What to do if you are involved in a car accident with a drunk driver?
If you have been in a car accident involving a suspected drunk driver, there are some essential things to keep in mind. It is crucial to take certain steps to preserve evidence of the bar negligence that led to your injuries, as well as the demeanor of the at-fault driver after the accident. Here are some specific steps you could take:
Firstly, you need to get to a safe place off the roadway. However, if your vehicle is still drivable, you must move it off the road to avoid a secondary accident. Get out of the car and maintain a safe distance from the involved vehicles. Any damage sustained may cause further danger, such as the risk of fire or explosion.
Call 911 to report the accident. This is particularly important if you suspect an intoxicated driver as the police can investigate and determine the person’s level of intoxication. Moreover, you need to state to the responding officers that you suspect the other driver to be impaired.
Gather information as soon as you can. Take pictures and videos of the crash scene, the involved vehicles, and the other driver’s state of intoxication if you could. It’s also helpful to immediately write down everything you can remember about the circumstances leading up to the accident while the details are fresh in your mind. Try to get contact information for the other driver and any witnesses.
Get proper medical attention as soon as possible if you want a fair bar over-serving settlement. In addition, you may have injuries that are not immediately visible. Proper and prompt medical care will help you preserve your health and properly document your injuries.
Determining who should be held liable for your auto accident or drunk driving accident injuries can be complicated. This is why it’s a good idea to speak with an experienced bar over-serving lawyer if you have been injured in bar over-serving negligence.
Who can sue under dram shop laws?
The party who was injured by the intoxicated person can sue for damages under dram shop laws. But what if the injured party is the intoxicated person? In such a lawsuit against bar over-serving, you can sue a bar for over-serving.
Most states allow the intoxicated person or their representatives to sue an alcohol vendor only if the intoxicated person is underage. On the other hand, if it was a case of a bar over-serving lawsuit where a dram shop law applied because the alcohol vendor sold alcohol to a visibly intoxicated person who was of legal drinking age, the intoxicated person won’t be able to file a valid claim against the vendor.
Compensation for bar over-serving
When filing a bar over-serving lawsuit against an individual for personal injury, you will be able to sue for:
- Property damage to your vehicle.
- Lost wages.
- Physical pain and suffering,
- Medical costs.
- Emotional damages, possibly.
This is a standard procedure for virtually every personal injury claim in the country.
In other words, when you file a Dram Shop accident claim in a Dram Shop liability state, you are suing for physical pain and suffering, property damage, lost wages, the cost of your medical care, and even the emotional trauma endured as a result of the collision.
In this way, there are very few differences between suing a company versus filing a bar over-serving lawsuit against a person. However, this distinction brings another question with it – whether you are limited to only filing a lawsuit against one or the other.
The answer can sometimes vary depending on the state you are in. However, most Dram Shop liability states enable you to sue both the driver and the bar simultaneously. This process allows you to bring both parties to justice for the injuries and damages you suffered due to their respective carelessness.
- This lack of restriction also means that you are more likely to recover the funds you are owed to cover your medical costs, liability claim, and damages you sustained.
- There will still be limitations not specific to the Dram Shop laws when pursuing the case, especially given that most states employ a legally valid time limit for you to take action against the offending driver and institutions.
- Your case may also change depending on the types of Dram Shop cases that best suit your situation.
Statute of limitation in a bar over serving a lawsuit
Each state has laws on how long you can wait before filing a claim against both the driver and the bar. This is referred to as a statute of limitations. Some states allow you a grace period of up to five years from the date of the accident before the statute expires, whereas others will only afford you one or two years.
This means that you will lose all legal rights to file a claim in general once the time to file the lawsuit (the statute of limitation) elapses, regardless of whether the other party was 100% liable for your loss. If you are not aware of the statute of limitations regarding filing a personal injury claim against an alcohol-serving business, it is crucial to hire an accident attorney or accident law firm.
Get in touch with a bar over-serving attorney through Ethen Ostroff Law as soon as possible. Our network of qualified and knowledgeable attorneys knows what must be done after an accident to preserve evidence and build a strong case against the responsible parties.