Being involved in an accident caused by a drunk driver can be the most
stressful event that a person will experience. Drunk driving accidents
often result in serious injuries and big medical bills, leaving you in
a dire financial situation. If you’ve been thinking about filing
a lawsuit after your drunk driving accident, then there are a few things
you need to consider, including whether or not your state allows you to
sue an over serving bar.
Some jurisdictions hold bars liable for drunk driving accidents resulting
from over serving, allowing the opportunity to get the compensation you
deserve. Learn more about the complications involved in suing a bar and
find out why you should hire a Fresno car accident attorney after a drunk
Dram Shop Cases
Whether you’re planning to bring suit against a bar, restaurant or
liquor store, cases involving businesses that sell alcohol are known as
‘dram shop’ cases. Dram shop laws are meant to hold businesses
responsible for drunk driving accidents that could have been prevented
by denying service to a drunk patron. Before you file a dram shop suit,
you should understand there are two types of dram shop case: first party
and third party.
First party dram shop cases are filed by the drunk driver in order to reduce
their liability after causing a wreck. However, many states do not allow
adults to file a first party case, and only provide these cases for minors
who have been illegally served and then caused an accident.
Third party dram shop cases are the more common form of suit following
a drunk driving accident, and are filed by someone who has been injured
by a drunk driver. Although most states allow for third party suits, there
are differences in what type of evidence you’ll need to win your
case and get your compensation.
The Importance of Liability in a Drunk Driver Suit
If you’re familiar with personal injury suits, then you know how
important it is to prove negligence in these cases. While negligence can
play a role in dram shop cases, it is not the only way that you can prove
the bar’s liability. Most dram shop cases, in fact, do not rest
on negligence at all, and are instead based around either recklessness
When you’re trying to prove recklessness, you need to be able to
demonstrate that the serving establishment was aware of their actions
and ignored the risk that they posed. For example, you will need to prove
that the bar or restaurant knowingly served a patron that was obviously
intoxicated, or a minor, and that this directly resulted in your accident.
Depending on the state where you live, dram shop laws may be severely limited,
requiring that you prove the intent of the server. In simple terms, you
must be able to show that the serving establishment intentionally provided
alcohol to someone who should not have been served. It’s also important
to understand that most states that use intent in dram shop cases limit
suits to those involving minors.
Consult a Fresno Car Accident Attorney
If you’re having trouble getting the compensation that you need
after you’ve been struck by a drunk driver, then one of your best
options is to sue the bar or restaurant involved in your case. Before
filing your claim, you need to consult with a Fresno car accident attorney from the
Dunnion Law Firm. The Dunnion Law Firm legal team can examine your case and advise you
on the best way to win your needed compensation.