If you’ve been a victim to a drunk driving accident, you may wonder whether or not the bar can be held liable. There are many different types of accidents where multiple parties can be held liable – do drunk driving accidents fall under this umbrella?
Here is what you need to know about what to do if you’ve been a victim to a drunk driving accident and whether or not bars can be held liable for drunk driving accidents.
What To Do If You’ve Been In A Drunk Driving Accident
First things first, it’s important that you know what to do if you’ve been in an accident before we jump into liability. When it comes to personal injury cases, the following are good rules of thumb to adhere to.
- Document your experience.
- Seek medical attention.
- Talk to a personal injury attorney.
- Be honest.
- Rest.
Your personal injury attorney will fight for you to receive the damages you deserve so that you can focus your attention on healing and getting better.
Can Bars Be Held Liable For Drunk Driving Accidents?
In short? It depends.
Most states, Utah among them, have dram shop laws. However, not all do. Dram shop liability allows for victims of drunk driving accidents to pursue compensation from a bar or restaurant for providing the drunk driver with alcohol. Since dram shop laws are implemented at the state level, terms vary. A personal injury attorney will know about the DUI laws in your state and whether or not the terms of dram shop laws (if applicable in your state) apply to your case.
The Origins Of Dram Shop Laws
Dram shop laws originated in the 18th Century. They got their name from the British way of measuring alcohol, a “dram”. Dram shops were bars, pubs, taverns, and other establishments that served alcohol.
Modern dram shop laws apply to business that sell or serve alcohol to customers, such as bars, but also including nightclubs, pubs, taverns, restaurants, and more.
Utah Dram Shop Law
Section 32B-15-201 of Utah Code states that vendors are responsible for injuries and damages in drunk driving accidents if the drinks were served under the following circumstances.
- The patron was under 21.
- The patron was already under the influence of drugs or alcohol.
- The patron was a known interdicted person, meaning that sale of alcohol to that person is prohibited by either law or court order.
Under 32B-15-201, you only have 2 years to file a dram shop case. This means that if you wait 2 years after the drunk driving accident occurred before trying to sue a bar, you’ll lose your case.
How A Lawyer Can Help
Lawyers know their way around dram shop liability. They’ll be able to help determine whether or not a bar breached their civil responsibility in a way that contributed to the drunk driving accident. Some of the ways this occurs includes:
- Serving alcohol to a patron that was already drunk
- Not requiring or requesting proof of age
- Serving underage patrons
- Exceeding the cap amount
- Providing alcohol after closing time
When A Bar May Not Be Liable For A Drunk Driving Accident
It is important to note that bars serve alcohol. This is what they do. Bars cannot always be held liable for the things that patrons go and do. A lawyer will be able to work with you on your case in order to determine whether or not the bar shares responsibility in the drunk driving accident or not.
In order to prove that a bar is liable, it must be proven that they served a patron they shouldn’t have. They must be in breach of their legal duty to not serve people who are underage or visibly intoxicated. If someone where to order a drink and then give it to someone else, the bar may not be liable for a drunk driving accident if there was no reasonable way for the bartender to know who the drink was for.
What To Do If You’ve Been In A Drunk Driving Accident
First things first, you’ll want to take pictures of the scene and gather contact information, if you can. It may be that the only thing you can do is wait for medical attention. Even if you feel fine, it’s important to seek out medical attention, as adrenaline can mask serious injuries.
Then, you’ll want to talk to a personal injury attorney in order to achieve the damages you deserve. LeBaron & Jensen provides free case consultations. If you’ve been a victim to a drunk driving accident, don’t hesitate to contact us.
