Whose Fault Is It: The Bar’s or the Driver’s? Drunk Driving Accidents and Over Pouring

By hummingbirdsouth on Apr 09 in Lewis & Feldman Blog.

Getting behind the wheel while intoxicated is not only illegal, it can have terrible consequences. If a bartender has served alcohol to an individual that appears to be intoxicated, that establishment could be at fault for a drunk driving accident that occurs after the patron leaves the bar. This raises the question: “Whose fault is it when an accident occurs, the driver’s or the bar’s?”.

According to Mothers Against Drunk Driving (MADD), every day around 800 people are involved in a car accident resulting from driving under the influence. Of those 800 people, about 28 people were killed during the accident. A quarter of drunk driving accidents involve under-age drinking.

The Bar

Most drivers that are under the influence are driving home from a bar where they were drinking. Although difficult to prove, the bar may be held accountable for the drunk driving accident. The blame can be placed on the bar in several situations. If the customer is slurring their speech, struggling to stand up or visibly showing signs of intoxication and the bartender continues to serve, they may become liable for the drunk driving accident. Another incident that may occur is serving customers who are not of the legal age to consume alcohol.

If you are the owner of an establishment that sells alcoholic beverages and you find yourself involved in a drunk driving incident, there is important evidence you should provide to show your business was not negligent. This important evidence includes proof that your employees undergo proper training, your establishment promotes drinking responsibly, offers nonalcoholic beverages and promotes taxi services, lyfts, ubers or other transportation methods for individuals who should not drive home.

The Driver

If an accident occurs and you are involved, the drunk driver will become liable for all injuries occurred due to the laws against driving under the influence. If the driver feels blame does not lie on them, they will have a difficult time proving that.

If you or a loved one has been hit by a drunk driver, you may have a chance to receive the justice you deserve if you can provide the proper evidence. Important evidence includes proof that an establishment sold alcohol to minors or did not check identification, the establishment served someone who visibly appeared intoxicated or served someone after closing.

If you believe you have suffered as a result of someone else’s actions, contact us, Lewis and Feldman, at (205) 254-6060 or toll-free at (888) 295-7409 for a free, no-risk consultation about your injuries. Lewis and Feldman services Birmingham, Bessemer and Hoover, Alabama areas.

No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers.

hummingbirdsouth

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