Can you sue a bar for a drunk driving crash?

Drunk driving is a longstanding problem in the United States. According to the National Highway Traffic Safety Administration (NHTSA), around 32 people die in drunk driving accidents every day. That's one death every 44 minutes. Thousands more suffer injuries that lead to long-term disabilities, medical expenses, lost time from work, and other hardships.

Every state allows accident victims to sue drunk drivers for injuries they cause to others. But can you hold an establishment like a bar or restaurant legally responsible for a drunk driving collision? The answer varies widely and depends on whether the state has dram shop laws.

The law firm of Morris, King & Hodge, P.C. explains the origins of dram shop laws and whether victims of drunk-driving crashes may be able to pursue claims against businesses that unlawfully serve alcohol to an intoxicated person.

What Is a Dram Shop Law?

The term “dram” dates back centuries, when alcohol was measured in an informal unit called a dram—roughly comparable to a shot in a bar today. A 2016 paper by Vivian Li traces the earliest notions of dram shop liability to the mid-1800s, when drunkenness was recognized as a public safety hazard, and states began passing laws limiting the sale of alcohol. Back then, dram shops were generally commercial taverns and other drinking establishments. Today, dram shop laws typically address when bars, restaurants, and other businesses can be held legally responsible for serving an intoxicated person who later goes on to injure someone else.

Can You Sue a Bar After a Drunk Driving Accident?

An accident victim could have a third-party case against a bar that overserved a driver, but these situations are highly fact-specific and depend heavily on state law. For example, Alabama, Texas, and Illinois all have statutory dram shop laws. But small nuances in how the statutes are written affect whether an accident gives rise to a valid personal injury claim.

For example, both Texas and Alabama generally require evidence that the person was visibly or obviously intoxicated when the bar served them. Illinois law does not, instead focusing on whether the establishment’s furnishing of the alcohol caused the driver’s intoxication that ultimately led to the accident. Nevada takes the completely opposite approach, with no dram shop law sanctioning bars from overserving customers.

Other exceptions to state dram shop laws add to their complexity, such as whether the person served was underage or otherwise legally incapable of being served. In Florida, bars may be liable if they knowingly serve a person who is habitually addicted to alcohol.

Can You Sue Both the Drunk Driver and the Bar?

Depending on the circumstances and the law of the state where the crash occurred, a victim may be able to sue both the intoxicated driver and the bar. Most drunk driving accident cases begin as insurance claims, with victims seeking compensation from the driver’s auto liability insurance. However, the amount available under the driver’s policy may not fully cover the victim’s losses, particularly after a catastrophic crash.

When available, a dram shop claim can provide another potential source of compensation. In some cases, a bar or other alcohol-serving establishment may have applicable liquor liability or other commercial insurance coverage. If the establishment can be held legally responsible under the state’s dram shop law, pursuing a claim against it may allow an injured person to seek compensation beyond what the drunk driver’s insurance provides. However, the amount ultimately recoverable depends on the applicable law, available insurance coverage, the evidence establishing liability, and the victim’s financial and personal losses.

What Evidence Can Support a Dram Shop Case?

Lawyers may rely on a variety of evidence to support a dram shop claim. Evidence showing what happened inside the bar before the crash is especially valuable. Examples include:

• Video footage from inside the establishment
• Bar receipts or credit card statements of purchases
• Witness statements from other customers or bar employees
• Surveillance camera footage showing the driver leaving the bar
• The time elapsed between the driver’s departure and the crash
• Toxicology test results
• The police accident report
• Social media posts and photographs

The Main Takeaway

Remember, proving that the driver was intoxicated is not enough to support a claim against a bar. The question of whether the person was visibly intoxicated or whether the bartender knowingly served them can make or break a dram shop claim in some states, but other factors and legal requirements may also affect the outcome.

This story was produced by Morris, King & Hodge, P.C. and reviewed and distributed by Stacker.