In the United States, approximately 28 people lose their lives each day due to DUI accidents. The consumption of alcohol can affect the driver’s thinking and responding skills. At the same time, it also makes them lose control of the vehicle. This leads to deadly accidents on the road. In 2020, 11,654 people died in drunk driving accidents, as declared by the National Highway Traffic Safety Administration.
If you have been in a similar situation, then you should seek legal assistance from drunk driving accident lawyers at DJC Law or other such great law firms. They can help you get compensation from liable parties.
Understanding the Dram Shop Law
Dram shop law is a state law that helps people who are injured in a drunk driving accident sue the alcohol establishment. This may include liquor stores, bars, restaurants, and even private parties where alcohol is served. This law is mainly used to punish any licensed alcohol vendor that overserves alcohol. This law particularly holds a business or person liable for serving a visibly intoxicated person with alcohol if that person causes any harm to anyone.
Here are some of the signs of intoxication:
- Slurred speech
- Watery, glassy, or bloodshot eyes
- Drowsiness
- Clammy or damp skin
- Flushed face
- Swaying, stumbling, or staggering
- Strong odor of alcohol
Each state has differences in dram shop laws. According to recent reports, 42 states follow the dram shop law.
Is It Possible to Sue an Alcohol Establishment for a DUI Accident?
Of course, you can sue an alcohol establishment for overserving alcohol to an individual. You can claim compensation from an alcohol establishment by proving they served alcohol to a person who was already drunk or an underage person (less than 21 years old).
How Can an Experienced Lawyer Help You?
An experienced lawyer has a deep understanding of dram shop law. So they will offer legal assistance, which will help you handle the legal proceedings perfectly. They will also help you understand your rights. Therefore, you can file a claim against an alcohol establishment within the deadline.
An experienced lawyer will also help calculate all the losses you incurred in the accident. So they will review your medical records and other evidence. They will also help you prove the liability of the store that served or sold alcohol to the drinker. Moreover, they will guide you in gathering evidence that will help you prove your damages.
Here’s how a lawyer will help you prove the following elements to hold the alcohol establishment:
The driver was intoxicated or underage: First of all, it is important to prove that the driver involved in the crash was drunk or underage. In this scenario, your lawyer will use witness testimonies, police reports, and past conviction records to prove.
The alcohol establishment knew they were drunk or underage: Then, you need to prove the alcohol establishment was aware of the condition of the person. This can be proven with video footage and eyewitness testimony from the alcohol establishment.
Overserved: Even after knowing the person’s condition, the alcohol establishment served alcohol to that person. It falls under the serious offense category.
For getting justice and compensation, establishing the liability of the alcohol establishment is the main factor. That is one of the main reasons you should work with an experienced lawyer who can help you.
An experienced lawyer will have all the legal resources that will help in the investigation of your dram shop case. From one state to another, dram shop laws differ. So consulting with a lawyer can give you peace of mind and help you recover financial losses.
