Dram shop laws hold certain establishments legally responsible for serving liquor to patrons who are visibly intoxicated and whose impairment goes on to cause dangerous accidents. The legal intricacies involved are complex, but one of our experienced car accident attorneys could help you protect your rights. If a drunk driver was overserved by a bar, restaurant, or club and caused you injury, you need a Midland dram shop lawyer at Schechter, Shaffer & Harris on your side.
The Risks Associated With Drunk Driving
We are all well aware of the risks associated with drunk driving and that it is against the law. Drunk drivers experience impaired judgment, a loss of inhibition, and difficulty concentrating. In other words, impaired motorists should not be on the road.
Drivers are responsible for not driving drunk. If they choose to do so and injure someone else in the process, they can be held accountable with driving while intoxicated charges and personal injury claims. The matter does not end there, however. If the drunk driving accident was due to someone being overserved at a drinking establishment, a Midland attorney could help you take action against the venue.
An Establishment’s Responsibility
The law also recognizes that sometimes the establishment that served the drunk driver acted inappropriately and put the public at risk. A lawyer could help hold a Midland alcohol vendor accountable for the role they played in the drunk driving accident.
Dram shop laws hold bars, taverns, restaurants, and other businesses that serve alcohol responsible for serving customers who are clearly drunk or who are under the legal drinking age of 21. This can mean not having a driver’s license, having an obviously fake driver’s license, or clearly being underage.
The term “dram shop” came about because people used to measure alcohol in drams, and thus called businesses that sold alcohol “dram shops.” This is how the laws governing the sale and provision of alcohol came to be known as dram shop laws.
What Are the Requirements for Dram Shop Responsibility?
For dram shop laws to apply, two primary criteria must be met. To begin with, the establishment must have served a person who was obviously impaired. If the matter is more nuanced, dram shop laws are unlikely to apply. If, however, the bartender served the patron drink after drink and watched as they continued to consume alcohol after being visibly intoxicated, that can potentially support dram shop liability.
Identifying a person as being visibly intoxicated generally comes down to recognizing signs such as the following:
- Bloodshot eyes
- Unfocused vision
- Flushed face or cheeks
- Slurred speech
- Loss of coordination
- Changes in personality or behavior
- Excessive sweating
The second criterion is that the patron’s impairment must have directly contributed to the resulting car accident and to the harm the patron inflicted on the injured person as a result.
Dram shop laws are generally reserved for serious drunk driving cases that result in severe injuries or even death, and a Midland attorney could help you explore your options.
Pursuing a Dram Shop Claim
If you or someone you love was seriously injured by an impaired driver whom a bar or any other alcohol-serving establishment overserved, you may have a strong dram shop claim. In your claim, you could seek comprehensive compensation for your damages, which may include:
- Medical bills that may address complications, secondary health concerns, or extend into the future
- Lost income, reflecting a derailed career or reduced earning potential
- Property damage to your car and its contents
- Physical and emotional pain and suffering
- Other intangible losses, such as permanent disability and disfigurement
Our skilled dram shop attorneys in Midland could take every step necessary to clearly define your full range of losses and to obtain the compensation that you deserve.
Connect with a Midland Attorney To Help With Your Dram Shop Liability Claim
If an establishment that serves alcohol overserved a drunk motorist who left you or someone you love seriously injured in a car accident, it is time to seek professional legal counsel. A Midland dram shop lawyer at Schechter, Shaffer & Harris could explore all options in their efforts to obtain an optimal outcome for you. Learn more about what we could do to help by contacting us online or giving us a call today.
