Hit by a Drunk Driver? Why the Bar May Be Responsible
Experiencing an accident caused by a drunk driver can be a harrowing ordeal, leading to not only physical injuries but also emotional trauma. Unfortunately, drunk driving incidents are prevalent in many areas, and the aftermath can leave victims feeling overwhelmed.
While the intoxicated driver holds primary responsibility for the crash, there may be additional avenues for recovery, particularly if the driver was overserved alcohol at a bar or restaurant.
This is called "dram shop liability", which holds bars and establishments accountable for their role in serving alcohol to patrons who then subsequently cause harm to others.
Under this principle, these establishments can be found liable for damages if they serve alcohol to a visibly intoxicated person or minor, who then causes injury or damage as a result of being drunk. This legal framework is in place to promote responsible alcohol service and discourage drunk driving.
Nebraska Dram Shop Liability Laws
In Nebraska, dram shop liability laws are designed to enhance public safety by holding alcohol-serving establishments accountable for their actions. Under Nebraska Revised Statutes § 53-245, a bar or restaurant can be held liable if it serves alcohol to a person who is visibly intoxicated, and that individual subsequently causes injury or damage due to their intoxication.
This statute aims to prevent irresponsible alcohol service practices, encouraging establishments to monitor patrons' drinking habits diligently.
Additionally, Nebraska's laws extend to cases involving minors, where serving alcohol to anyone under the legal drinking age can lead to significant legal repercussions for the establishment. Victims injured by drunk drivers who were overserved at bars may pursue claims to recover damages, emphasizing the importance of responsible alcohol service in the state.
Common Scenarios for Bar Liability
Several circumstances may lead to a bar or restaurant being held liable for an accident caused by an intoxicated driver. Here are some common scenarios where liability can be established:
Serving Intoxicated Patrons
A bar may be liable if it continues to serve alcohol to a patron who is already visibly intoxicated. If there is evidence that an establishment knew—or should have known—about the patron’s intoxicated state, they could share liability for any harm that ensues. This includes observing signs of intoxication such as slurred speech, impaired coordination, or aggressive behavior.
Serving Minors
In many jurisdictions, serving alcohol to an underage patron carries legal repercussions. If a minor is served alcoholic beverages and subsequently causes an accident, the bar can be held accountable due to violating laws regarding the sale of alcohol. Establishments are expected to check identification and refuse service to anyone under the legal drinking age.
Over-serving Alcohol
Establishments have a responsibility to manage the amount of alcohol patrons consume. If a bar is found to have a pattern of over-serving alcohol, it may face liability if an intoxicated patron causes an accident. This could be demonstrated through witness statements, research on the establishment's practices, and police records.
Steps to Take After an Accident
If you are injured in an accident caused by a drunk driver, it's crucial to take immediate steps to protect your legal rights and gather evidence that may support your case.
Ensure safety and seek medical attention: Your health is the priority. Move to safety if possible and contact emergency services to address any injuries sustained during the accident.
Report the incident: Contact the police to file an official report. Provide them with details about the accident, including any observed signs of intoxication in the other driver. Documentation from law enforcement will play an essential role in your case.
Gather evidence: Collect as much information as possible from the scene, including photographs of the damage, witness contact information, the driver’s behavior, and any relevant license plate numbers.
Document your injuries and losses: Keep a detailed record of your injuries, medical treatments, and any expenses incurred as a result. This documentation will be vital when seeking compensation for your losses.
Consult an experienced attorney: Contact an attorney who specializes in personal injury and dram shop cases. They can help assess the circumstances of your accident, determine liability, and advise you on the best course of action.
Establishing a Case Against a Bar
To establish a successful claim against a bar or restaurant, certain elements must be proven:
Duty of care: It must be shown that the establishment had a duty to provide responsible alcohol service to its patrons.
Breach of duty: Evidence must support that the establishment breached this duty by serving alcohol to an intoxicated person or a minor.
Causation: The intoxicated state of the driver must be linked directly to the establishment’s actions, indicating that without the overservice, the accident may not have happened.
Damages: Lastly, you must have incurred some form of injury or damage as a result of the accident, whether it’s physical injuries, medical bills, loss of wages, or property damage.
Insurance Considerations
When pursuing compensation for injuries caused by a drunk driver, it is crucial to consider both the driver's insurance policy and that of the establishment. In many instances, the drunk driver may not have sufficient insurance coverage to cover damages incurred, making the dram shop claim even more critical.
Pursuing the bar's insurance can yield additional compensation and may be necessary when the driver's financial responsibility is insufficient. An experienced criminal defense attorney will help navigate the complexities of working with insurance companies and evaluate all possible sources of recovery.
Statute of Limitations
In Nebraska, as in many states, there is a statute of limitations that dictates the time frame within which you can file a lawsuit after an accident. For personal injury claims, you typically have four years from the date of the incident to initiate legal action, while wrongful death claims must be filed within two years from the date of death. It's essential to act promptly to preserve your rights.
The Importance of Experienced Legal Representation
At Abrahamson Law Office, our dedicated team of attorneys is well-versed in the nuances of dram shop liability and can provide the support you need during this challenging time. By working with experienced legal counsel, you ensure that you gather and present the necessary evidence to establish your case.
If you've been injured in a car accident caused by a drunk driver, contact us today for a consultation to explore your legal options. Remember, we're here to fight for you and protect your rights.
Do not hesitate to seek legal advice if you have been a victim of an accident caused by a drunk driver and believe that the bar or establishment may share liability. Hold them accountable and pursue the compensation you deserve with the help of an experienced team of attorneys.