For a bar to be financially responsible for the drunk driver, what must I do to make a claim against the bar?

Iowa drunk driver personal injury accidents.

Whether it’s necessary to hire a lawyer to pursue a claim against a bar that served a drunk driver depends on the complexity of the case and the specific laws in your jurisdiction. I live and practice law in Iowa, and so while this is a general information blog post, I will add a few things specific to Iowa. Try to keep in mind personal injury claims against a drunken driver involve at least three different insurance companies. There is your own auto insurance company; the other guy’s auto insurer and the bar that sold and served the drinks to the drunk person.

Here are some considerations:

1. Understanding Dram Shop Laws:

• Dram Shop Laws: Many states have laws, known as dram shop laws, that allow victims to sue alcohol-serving establishments if they served alcohol to a visibly intoxicated person who later causes harm, such as in a car accident. These laws vary widely by the state where the accident happened and differ in terms of what needs to be proven. In Iowa you have to start off with who the drunk driver is and where he or she drank. Drink at home, there is no dram shop involved and so there is no dram shop action. If they drank at a friend’s house, no dram shop involved and so no dram shop action. Seems simple, right, but it never is. So probably you should at least call a lawyer.
• Complex Legal Requirements: Proving that a bar or restaurant is liable often involves demonstrating that the establishment knowingly served alcohol to someone who was visibly intoxicated. This can be challenging without legal expertise. Here is where the real challenges begin. If the drunk driver died, that eliminates them from telling us where they drank. It also means they will not be able to tell us how much they drank at the bar. That is more important than you might think, because most people start out drinking at home or at a friend’s house and then head to where everyone is meeting to drink, dance and jaw. So, you drink a few at home, then someone picks you up, maybe have one in the car, then maybe meet at the local watering sand lot, all before heading to the bar. Which leads us to the importance of gathering evidence. See the next section and maybe start thinking about calling a lawyer.

2. Evidence Collection:

• Gathering Evidence: To build a strong case, you may need to collect evidence such as witness statements, surveillance footage, credit card receipts, and expert testimony. An experienced lawyer will know how to gather and present this evidence effectively. This is sort of one of the most important points of this entire discussion. Because, once evidence is destroyed, it is gone. Someone needs to crawl through the cars to see what is available in terms of evidence of the answer to where they drank. Then there are cell phones and calls and geolocations from the pings between towers. Most of the cell phone digital evidence is pretty much saved online or at the phone service provider. I have found printed emails in glove boxes of that night’s itinerary and where they intended to drink. I have found credit card receipts under the seats, between the seat and the center console, the back seats, you name it I have stuck my hand and fingers to pull papers out. Crumpled, soaked from rain that came in through broken windshields, side windows and doors that no longer close. If you are afraid of blood and other body fluids, then trust me investigation of a car accident, is not a profession you should consider.
• Witness Interviews: Remember those emails in the glove box? Well, that led to me chasing them down to find out what they knew. I have sat at kitchen tables interviewing one witness, only to find out her dad worked for the Iowa DOT and was on an overpass as a fire burned the grass along I-80, causing a smoke screen that caused a massive pile-up. Several people were killed. The railroad did not have spark arrestors and the sparks from the railroad car wheels started fires for five miles along I-80. Quite the case. There is something about investigation that gets me excited.
• Subpoena Power: Lawyers can issue subpoenas to compel the bar or restaurant to provide records or testimony that may be crucial to your case. Subpoenas cannot be issued until a lawsuit has been filed, but to get to the point of being able to file a lawsuit, an initial investigation has to be done. And that does not happen overnight. People can be hospitalized or not available for a myriad of reasons. Lawyers may get people hanging up on them. Lawyers may have to hire a private investigator, who may not have the ability to immediately get free to do the investigation. We are currently working on a case and the other driver is not responding to telephone calls and so the investigator will be hitting the pavement to see if he will answer the door. Everything takes time.

3. Negotiation and Settlement:

• Negotiating with Insurers: Bars and restaurants often have insurance companies that handle claims. These insurers are skilled at minimizing payouts. They always believe you are at fault, no matter what the facts show. A lawyer can negotiate on your behalf to seek a fair settlement, but only after the dust settles. In Iowa, dram shop insurance is mandatory and so we are always negotiating with an insurance company. Then there is insurance for your auto insurance, we call that underinsured insurance. The other guy’s auto insurance is the primary insurer. And then let us not forget the health insurers who all have subrogation clauses in medical insurance policies. If you are on Medicaid or state insurance, there is that government agency who has to be repaid and that is mandatory. Complicated huh? Yeah, you would be right.
• Legal Representation: If the bar or restaurant disputes your claim, having legal representation is important, especially if the case goes to trial. And remember, the other guy has an insurance company who wants to put the blame for the accident on you. So, when they call asking for a recorded statement say no, no you will not give consent for a recorded statement. They are very skilled at twisting your words and putting blame on you.

4. Potential Compensation:

• Maximizing Compensation: A lawyer can help ensure you seek appropriate compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident. Everyone of these damage categories is not easily put into words. Each requires communication with your lawyer and you to make sure you are doing what you are supposed to do in order to preserve the damage category. Record keeping is important not just for your lawyer, but also for you, your spouse, and whoever else might be a witness. Here is an example, how are you going to prove your lost wages? How many days have you taken off from work to visit the doctors? Physical therapy? Rehab? Do not think your lawyer is a magician or a babysitter.
• Complex Damages Calculation: Calculating damages in these cases can be complicated, especially when considering future medical costs or lost earning potential. These areas of damages require expert testimony, that include orthopedic surgeons, neurologists, psychologists, economists or physiatrists.

5. Legal Expertise:

• Navigating the Legal System: The legal process can be complicated, and a lawyer will help you navigate it, ensuring that all deadlines are met and procedures followed. If you have forty years, I can explain what you need to know. If you don’t then maybe you need to go find a lawyer to help you.
• Statute of Limitations: A lawyer will ensure that your claim is filed within the statute of limitations, the time frame in which you must bring a lawsuit. Two-years from the date of injury or death and then 6-months to serve the dram-shop notice. Miss either one and your dram shop notice has problems, some of which are insurmountable.

Conclusion:

While it is possible to pursue a claim against a bar on your own, hiring a lawyer is often advisable. A lawyer’s expertise can be crucial in building a strong case, negotiating a fair settlement, and ensuring that you receive the compensation you deserve. If the case involves significant damages or if the bar is likely to contest liability, having a lawyer can greatly increase your chances of success.

The Lombardi Law Firm is a personal injury firm with a long history of recovering substantial sums while caring about our client’s future. If you have questions about your legal options, or would like to just talk with a lawyer, call the Lombardi Law Firm. There is no charge to talk with us. If we take your case, you will not be charged unless there is a recovery. We will bring in other lawyers if we think it is advisable.

Call 1-515-222-1110 or send Steve an email at sdlombardi@aol.com.