Hit By A Drunk Driver: Suing A Bar or Restaurant for Overserving

Whether or not you have a valid dram shop lawsuit case will depend on the specific facts and circumstances of your situation, as well as the laws and regulations in your state. However, in general, to have a valid dram shop lawsuit case, you will need to prove the following:

1. The defendant (bar or restaurant) over-served the drunk driver.
2. The over-serving was a direct cause of the accident that resulted in your injuries.
3. You suffered damages as a result of the accident.

To prove that the defendant over-served the drunk driver, you will need to provide evidence such as witness testimony, surveillance footage, or receipts showing that the driver was served excessive amounts of alcohol or that the bar or restaurant continued to serve them despite obvious signs of intoxication.

To prove causation, you will need to show that the over-serving was a direct cause of the accident and your injuries. This may require expert testimony from a toxicologist or accident reconstruction expert.

To prove damages, you will need to provide evidence of the injuries and losses you have suffered as a result of the accident, such as medical bills, lost wages, and pain and suffering.

Hiring a car accident lawyer who has experience with dram shop cases can be especially important for a few reasons:

1. Complex legal issues: Proving a dram shop case involves demonstrating that the bar or restaurant over-served the drunk driver and that this over-serving was a direct cause of the accident that resulted in your injuries. This can be a complex legal issue and requires a lawyer who understands the specific laws and regulations surrounding dram shop liability.
2. Gathering evidence: In order to prove a dram shop case, you will need to provide evidence such as witness testimony, surveillance footage, or receipts showing that the driver was served excessive amounts of alcohol or that the bar or restaurant continued to serve them despite obvious signs of intoxication. A lawyer experienced in dram shop cases will know where to look for this evidence and how to present it effectively in court.
3. Expert witnesses: In some cases, it may be necessary to retain expert witnesses, such as toxicologists or accident reconstruction experts, to help prove causation in a dram shop case. An experienced car accident lawyer will have a network of experts they can call on to assist with your case.
4. Navigating the legal system: Dram shop cases can be difficult to navigate, and the laws and regulations surrounding them can vary from state to state. A car accident lawyer who has experience with dram shop cases will be familiar with the legal process and will be able to guide you through it.
5. Maximizing compensation: An experienced lawyer will be able to build a strong case and negotiate with the insurance company to get you the maximum compensation you are entitled to.

In general, it's important to consult with a car accident lawyer who is knowledgeable about the laws in your state and has experience with dram shop cases before proceeding with a lawsuit, so that you can get the best representation possible.

A dram shop claim can take many forms, but here is an example of how a claim may be presented:

John was driving home from work when he was hit by a drunk driver, who had been over-served at a local bar. The accident resulted in severe injuries to John, including a broken leg and a traumatic brain injury. John's medical bills total $100,000, and he is unable to return to work for several months.

John decides to file a dram shop claim against the bar, alleging that they over-served the drunk driver and that this over-serving was the direct cause of the accident. To support his claim, John provides the following evidence:

• Witness testimony from other patrons of the bar, who state that the driver was visibly drunk and that the bar continued to serve him alcohol.
• Surveillance footage from the bar, which shows the driver being served at least 8 drinks in a 2-hour period.
• A blood alcohol content (BAC) test results taken after the accident, which shows the driver's BAC was well above the legal limit.
• Expert testimony from a toxicologist, who states that the driver's BAC level at the time of the accident would have significantly impaired his ability to drive safely.
• Medical bills and other documentation of John's injuries and losses.

Based on this evidence, John's attorney argues that the bar's over-serving of the drunk driver was a direct cause of the accident, and that John is entitled to compensation for his injuries and losses.