When Might a Bar or Restaurant Be Liable for a Drunk Driving Crash?

When a person gets behind the wheel of a vehicle intoxicated and causes an accident, they are certainly responsible for their actions and the outcome. In some situations, other parties could also hold some level of responsibility. There are times when a bar or restaurant may be liable for a drunk driving crash as well. Speak with a Lexington drunk driving accident lawyer to discuss your case.

Dram Shop Laws in Kentucky

A restaurant, bar, or other location that serves alcohol to a person in exchange for money could be responsible for injuries and losses a patron causes to another party under the state’s dram shop laws. Under this law, a location that over-serves alcohol to a person visibly intoxicated or serves alcohol to a person under the age of 21 could be at fault. This applies to any establishment licensed to sell alcohol in the state.

Several factors contribute to this rule:

• Sales to a person under the age of 21. The establishment could be responsible for any alcohol sold or served to a person under the age of 21 who then goes on to cause an accident. There is no tolerance level for intoxication. That means if that person has any evidence of intoxication, this law applies.
• Visible intoxication proof. Victims must show that the vendor should have known or did know that the person was intoxicated based on their actions. This might include, for example, slurring words, stumbling, or otherwise demonstrating signs of intoxication.
• Direct or proximate cause of the accident. If the person just left the establishment and caused an accident, the establishment could be at fault. If it is hours later, it may be hard to prove these factors exist.

If you are the victim of a drunk driver, and you believe a bar or restaurant overserved them, work with a local attorney to better understand your rights. It will be necessary to prove these claims.

Evidence to Support Your Claim

There are various forms of evidence that may support your statements of fault. This may include:

• Surveillance footage at the bar demonstrates that the person continued to receive alcohol with visible signs of intoxication.
• The person serving alcohol did so excessively based on evidence of the incident, and should have known the individual was driving.
• Witnesses at the location confirm what occurred.
• Credit card receipts show a clear link to the time of the accident if there is any dispute.
• There is no evidence that the person checked the person’s identification before serving alcohol to the minor.

In each of these situations, your attorney will uncover any proof and evidence of what occurred from all sources. This is not a clear-cut and straightforward claim. It takes significant evidence to demonstrate what occurred and why that location should be held accountable for the losses you sustained.

Why It Matters

A person convicted of drunk driving may owe you compensation for your losses. If they do not have enough insurance to cover your losses, seeking action against a dram shop violation could help you further recover compensation owed to you.

Because of the critical nature of these claims and the risk of evidence becoming inaccessible, it is always wise to work with an attorney if you believe these situations play a role in your case.