If a drunk crosses the center line and hits me head-on, is the bar who served him liable?

West Des Moines, Iowa

The bar that served the drunk driver may be liable, but it depends on several factors, including the laws in your state and the specific circumstances of the case. Generally speaking, you first have to know was the other driver drunk? If he had been drinking, how much had he had to drink and over what period of time? Was he also taking illegal or legal drugs? How many drinks had he or she drank? Was it beer or mixed drinks? How tall are they? How much do they weigh? Like I have been saying, it is complicated.

Establishing Liability

Here’s how liability might be established:

Dram Shop Laws:

What Are Dram Shop Laws? Many states have dram shop laws that allow injured people to sue alcohol-serving establishments if they sell and serve alcohol to a visibly intoxicated person who then causes harm, such as in a car accident. Or serves alcohol to a person to the point of intoxication. If a drunk walks into a 7-11, a Casey’s, or a Kum & Go and they sell him or her a six-pack, there is no cause of action, because the convenience store did not ‘serve’ the drunk. They sold, but the drunk did not drink it in the store as part of the stores business.
State-Specific Laws: Dram shop laws vary by state. Some states have strict liability for establishments that serve alcohol to visibly intoxicated individuals, while others may have more lenient laws or no dram shop laws at all. To know if the state where you live cares about stopping drunk drivers from being on the road, call an attorney who practices in your state.

Proving Liability:

Visible Intoxication: To hold the bar liable, you would typically need to prove that the bar served alcohol to the driver when they were visibly intoxicated (served while intoxicated) or served them to the point of intoxication. The one requires serving them a drink while they are drunk, the other a few pitchers or martinis to the point where they get drunk. This can be challenging to establish without concrete evidence, such as witness testimony or video footage. Know that the friends of the drunk do not make the best witnesses. And the drunk’s friends are not going to voluntarily helpful. Even if the other driver died, they feel more of a need to protect the drunk driver.
Causation: You must also demonstrate that the bar’s action (serving alcohol to a visibly intoxicated person) directly contributed to the driver’s intoxication and the subsequent accident.

Comparative Negligence:

Shared Liability: In some cases, the liability may be shared between the drunk driver and the bar. The drunk driver is primarily responsible for their actions, but the bar can also be held accountable if it’s proven they contributed to the situation by over-serving the driver.

Legal Process:

Filing a Claim: To pursue a claim against the bar, you would generally need to file a lawsuit under the applicable dram shop law. This often involves gathering evidence, such as witness statements, receipts, and possibly expert testimony. The first thing you need to do is serve the dram shop notice. No notice served? No dram shop action.
Role of a Lawyer: Due to the complexity of these cases, it’s usually advisable to consult with a lawyer who specializes in personal injury or dram shop cases. They can help you build a case and navigate the legal system.

Potential Outcomes:

Successful Claim: If you can prove that the bar served alcohol to a visibly intoxicated person who then caused your accident, you might be able to recover damages from the bar. This could include compensation for medical expenses, lost wages, pain and suffering, and other damages.
Challenges in Proving Liability: However, these cases can be difficult to win. Bars often have insurance and legal teams that will vigorously defend against such claims. Bars also have lawyers who do nothing else but protect bars from dram shop claims. And trust me when I say, they do not care about the person the drunk killed in a head-on crash.

Conclusion:

The bar could be held liable if it can be proven that they served alcohol to the driver when they were visibly intoxicated, and that this act contributed to the accident. However, the success of such a claim heavily depends on the specific facts of the case and the laws in your jurisdiction. Consulting with a lawyer would be a crucial step in determining whether you have a strong case against the bar.

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.