What to Do If You’re Injured by a Drunk Driver Who Was Over-Served at a Bar

Can a Bar Be Held Liable for Injuries Caused by a Drunk Driver?

The law in California frowns upon drivers who drive under the influence, and victims who are injured in drunk-driving accidents can pursue compensation from the liable parties. Liability can extend from the drunk driver to other parties, such as the bar that overserved the driver. However, there are many intricacies involved in holding a bar liable.

Personal injury lawyers in Encino say California has dram shop laws, like other states, but they differ in several ways. Understanding your options and the legal steps you should take to enhance your chances of recovering compensation under these laws is vital.

How Do Dram Shop Laws Work in California?

Dram shop laws are the legal provisions that allow victims injured in drunk driving crashes to seek settlement from the establishment that served alcohol to the driver. The term dram refers to old English taverns that sold alcohol by a small unit of measurement known as a “dram.”

Encino car accident attorneys say the law in California is much more restrictive. It stipulates that bars and restaurants can’t be held responsible for damages caused by someone they served unless the person was under 21. Section 1714 of the Civil Code says that the furnishing of alcohol is not the proximate cause of injuries, but the consumption of alcohol is.

This means that if an adult consumes too much alcohol, leaves a bar, and causes a crash, the bar can’t be held responsible for the damages. The act of drinking, not serving, is the direct cause of the intoxication that causes the crash. However, there are exceptions to the rule.

When Can I Sue a Bar for Damages Caused in a Drunk Driving Accident?

Car accident lawyers in Encino highlight that most dram shop claims in California hit a dead end, but there are two scenarios where a lawsuit might be successful:

Serving an Individual Under 21

When a bar, restaurant, or club knowingly serves alcohol to someone under 21 and the minor causes an accident, you may have a reason to file a claim against the business. A bartender should check a minor’s ID before serving them alcohol.

Hosting a Private Party

California’s dram shop liability laws allow injured parties to sue social hosts who knowingly served alcohol to an underage driver who later caused an accident while intoxicated. If a private party was thrown at a restaurant or private venue and staff knowingly served alcohol to a minor who later caused injuries or damages, you could pursue legal action against them.

Other parties who may be liable under the dram shop liability laws are:

• An employer who forced an employee to operate a vehicle while intoxicated or allowed a company vehicle to be used for drinking events
• Event organizers who hosted a party where underage drivers were served alcohol
• Friends or hosts who knowingly allowed an intoxicated guest to drive

How Can I Prove a Bar’s Liability?

California law protects most alcohol-serving establishments from being sued for damages and injuries caused by their patrons who drive after consuming alcohol. Encino car accident attorneys explain that the legal protections are strong, and you must prove the bar’s responsibility to obtain compensation.

You need strong evidence to prove the bar’s liability. Skilled personal injury attorneys in Encino can help you build a solid case by showing the following:

• The driver who was served at the bar and caused your injuries was under 21
• The bar or establishment knew or should have known the patron was underage
• The establishment served the minor alcohol anyway
• The minor caused an accident
• You suffered actual harm, such as physical injuries, emotional distress, or financial losses.

Proving these factors can be challenging, but with the proper legal assistance, you can collect the right evidence to prove your case. This includes surveillance footage, toxicology reports, witness statements, police reports, receipts or timestamps, and medical reports.

What Damages Can I Recover in a Dram Shop Liability Lawsuit

If your dram shop liability lawsuit is successful, you may be entitled to several types of compensation, such as the following:

• Medical expenses: You can demand compensation for current and future medical bills, such as hospitalization, emergency care, surgeries, medication costs, therapy, rehabilitation, and other medical-related costs.
• Lost wages: You can get reimbursement for lost income or diminished earning capacity due to injuries or permanent disabilities that affect future employment chances and earning potential.
• Pain and suffering: Your legal experts can help you obtain non-economic damages for ongoing physical pain and emotional anguish due to the injuries
• Property damage: If your car was destroyed in the accident, you can obtain reimbursement for vehicle repairs or replacement
•  Emotional distress: You may qualify for compensation for trauma-related conditions such as depression, anxiety, lowered quality of life, or PTSD.
• Punitive damages: If investigations reveal that the drunk driver’s actions were reckless or intentional, you may win punitive damages to punish the driver further beyond the compensatory damages while deterring others from committing similar offenses.

You may also file a wrongful death claim if you lost a loved one in a drunk driving collision caused by a driver who was overserved in a bar. A successful claim can help relieve your financial burdens, such as burial costs and lost income.

A Skilled Personal Injury Lawyer Providing Insights into Dram Shop Liability Laws

Navigating dram shop liability laws in California can be challenging unless you have the guidance of skilled Encino car accident lawyers. The rules only apply in specific situations, and your legal team can help you navigate the nuances involved, such as proving liability and collecting the relevant evidence to prove your case.

The V&A Law Firm has dedicated Encino car accident lawyers who can walk the journey of pursuing compensation with you. We can evaluate your case and provide legal insights to boost your chances of a successful claim. Call us at 704-275-0951 to schedule a FREE consultation.