In the beautiful state of Colorado, with its majestic mountains and sprawling plains, there’s a vibrant social scene that often involves gathering at bars and restaurants to unwind and socialize. But in the midst of this revelry, a serious question arises: can a bar be held responsible if one of its patrons causes an accident due to drunk driving? This question isn’t just theoretical; it’s one that has significant legal implications for both bar owners and those affected by drunk driving car accidents.
The Aftermath of a Drunk Driving Accident
Drunk driving accidents are a scourge on our roads. They cause immeasurable pain and suffering to innocent victims and their families. According to the National Highway Traffic Safety Administration (NHTSA), in 2020 alone, 10,142 people died in drunk driving accidents in the United States. This equates to one person every 52 minutes.
When someone chooses to drive drunk, they put not only themselves but also everyone else on the road in danger. But it’s not just the drunk drivers who may be held accountable for the consequences of their actions. In some cases, the bar or establishment that served them alcohol could also share liability.
Understanding Dram Shop Laws: Holding Establishments Accountable
Dram Shop laws exist to hold establishments accountable for serving alcohol to visibly intoxicated individuals or minors who subsequently cause injury or harm to others. These laws vary from state to state, but in Colorado, establishments can be held liable if they serve alcohol to someone who is visibly intoxicated, and that person goes on to cause harm while driving.
When Can a Bar be Liable for an Accident Caused by a Drunk Driver?
A bar can be held liable for an accident caused by a drunk driver under certain circumstances, primarily governed by Dram Shop Laws and legal principles related to negligence. Here are some situations in which a bar may be liable for such an accident:
Serving Intoxicated Patrons: Bars have a legal obligation not to serve alcohol to patrons who are visibly intoxicated. If a bar continues to serve alcohol to someone who is already intoxicated and that person later causes an accident, the bar may be held liable for the damages.
Serving Minors: It is illegal for bars to serve alcoholic beverages to individuals under the legal drinking age. If a bar serves alcohol to a minor who subsequently causes an accident, the establishment can be held liable under Dram Shop Laws.
Knowledge of Bartenders or Staff: If bartenders or other staff members are aware or should be aware that a patron is intoxicated and continue to serve them alcohol, the bar may be held liable for any accidents caused by that individual.
Proximity to the Accident: The timing of when the intoxicated person was served alcohol in relation to the car accident is also relevant. If the bar served alcohol to the patron shortly before the accident occurred, it may indicate a causal link between the bar’s actions and the accident.
Failure to Comply with State Laws: Bars must comply with state laws regarding alcohol service, including regulations related to serving intoxicated individuals and minors. Failure to adhere to these laws can result in liability for any accidents caused by patrons served in violation of these regulations.
Can I Sue a Bar for an Accident Caused by a Drunk Driver?
If you’ve been injured in a drunk driving accident, you may be wondering if you can sue the bar that served the intoxicated driver. The answer is yes, but pursuing such a case requires careful legal navigation. To succeed in a lawsuit against a bar, you’ll need to demonstrate that the establishment was negligent in its alcohol service and that this negligence directly contributed to the accident.
How to Sue a Bar for Negligence
If you’ve been injured in a drunk driving accident and believe that a bar may be partially responsible, you may have grounds for a dram shop lawsuit. Here are the steps you should take:
Gather Evidence: Collect any evidence that supports your claim, including witness statements, police reports, and surveillance footage.
Consult an Attorney: Seek legal counsel from an experienced personal injury attorney who specializes in drunk driving cases.
File a Lawsuit: Your attorney will help you file a lawsuit against the bar, outlining the grounds for your claim and the damages you’re seeking.
Negotiate or Litigate: Depending on the circumstances, your attorney may negotiate a settlement with the bar’s insurance company or proceed to trial if a settlement cannot be reached.
Go to Trial: If a settlement cannot be reached, your case may go to trial, where a jury will determine whether the bar is liable for your injuries and damages.
How an Attorney Can Help You in a Drunk Driving Accident Case
If you’ve been involved in a drunk driving accident and you believe a bar or establishment may be liable for your injuries, seeking the assistance of an attorney is crucial. Here’s how an attorney can help you deal with the legal complexities of such a case and maximize your chances of receiving fair compensation:
Legal Experience: An attorney specializing in personal injury and drunk driving cases brings extensive legal knowledge to analyze your case effectively, ensuring the right application of Dram Shop Laws.
Investigation and Evidence Gathering: Your attorney will conduct a thorough investigation, gathering crucial evidence like police reports and witness statements, to build a strong case against the bar or establishment.
Legal Strategy Development: Based on their investigation, your attorney will develop a tailored legal strategy, identifying key arguments and evidence to support your dram shop claim against the establishment.
Negotiation with Insurance Companies: Your attorney will negotiate with the bar’s insurance company, ensuring fair compensation for your injuries and handling all communication on your behalf.
Establishing Liability: They’ll investigate whether the bar violated any laws by serving alcohol to minors or visibly intoxicated individuals, building a strong case to prove the establishment’s negligence.
Litigation: If a fair settlement can’t be reached, your attorney will represent you in court, advocating for your interests and presenting evidence to secure the compensation you deserve.
Maximizing Compensation: Your attorney will work tirelessly to maximize your compensation, covering medical expenses, lost wages, and pain and suffering, ensuring you receive fair and just compensation for your losses.
Contact BLG to Hold Bars Accountable for Drunk Driving Accidents
In conclusion, the question of whether a bar can be held liable for drunk driving accident caused by a drunk driver is a complex one, but the answer is often yes. Dram Shop Laws in Colorado and other states provide a legal framework for holding bars accountable for their role in serving alcohol to intoxicated individuals.
Are you or a loved one a victim of a drunk driving accident? Don’t suffer in silence. At BLG, we’re committed to helping an injured person seek justice and compensation for your injuries. Our experienced attorneys understand the complexities of drunk driving cases and Dram Shop Law, and we’re here to fight for your rights every step of the way.
Contact us today for a free consultation.
1-800-870-8910