Obviously, significant – and sometimes even fatal – motor vehicle accidents can be caused by drunk drivers. Unfortunately, those drivers often lack sufficient insurance to compensate victims for their injuries. In that instance, there is often no further recourse available to the injured party.
However, under certain circumstances, the bar or restaurant that served that driver with alcohol may be held liable as well.
Read on to learn more about bar liability for accidents caused by drunk drivers and intoxicated customers.
When Can Bars Be Held Liable For Accidents Caused By Drunk Drivers?
New York state follows the “Dram Shop Act,” which provides that a business may be held liable for injuries caused by an intoxicated person, if the person served with alcohol:
- was under the age of twenty-one, or
- was “visibly intoxicated”
This statute applies to any virtually any accident caused by the intoxicated person, whether it be in a car accident or even in a bar fight.
Proving Intoxication: Expert Proof and Circumstantial Evidence
Developing proof that the person was “visibly intoxicated” can be very difficult, but can be developed through expert proof of the person’s blood-alcohol levels, or by circumstantial evidence that at the time the intoxicated person was served, he or she demonstrated qualities consistent with intoxication, such as slurring words, glassy eyes, and lack of physical coordination.
In cases involving alcohol, it is very important to contact a lawyer right away. Proving that the person was obviously and visibly intoxicated usually requires statements of employees and other customers of the bar. An attorney can quickly retain an investigator to find and interview these important witnesses right away, and take their statement while they still recall the events, and before they are pressured not to speak.
Have You Been Injured in an Accident Caused By a Drunk Person?
If you or a loved one have been injured by a drunk driver, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto for a free consultation, and to ensure that your interests are promptly and properly protected. You can reach us via phone at (800) 721-3553, or contact us online to set up a free case review with a member of our legal team.
Looking for more helpful resources related to accidents involving drunk drivers? Be sure to check out the following articles:
Five Things to Do In The Initial Moments After an Accident
