Hit By a Drunk Driver? Why the Bar May Be Responsible
If you've been involved in a drunk driving accident, pursuing insurance is a common way to seek compensation. However, it might not cover all your damages and losses. Thankfully, the at-fault driver's insurance isn't your only option for seeking compensation after a drunk driving accident.
When considering your options, check where the driver got drunk before the accident. If it was a bar, nightclub, or restaurant, you might be able to pursue a claim against that establishment under California's dram shop liability law. However, these laws are limited and may not always apply.
At the Law Offices of Steven Zwick, we understand the impacts of being injured by a drunk driver, and we're committed to helping our clients pursue the compensation they need. Located in Mission Viejo, California, we strive to help clients throughout Orange County understand their rights and options under the state's dram shop liability law.
What Is Dram Shop Liability Law?
In California, dram shop liability law holds establishments accountable when they serve alcohol to individuals who then cause harm due to intoxication. While California's dram shop laws are more restrictive compared to other states, there are still circumstances where an establishment can be held liable for serving alcohol irresponsibly.
For example, California Business and Professions Code Section 25602.1 provides grounds for holding a business accountable if it serves alcohol to an "obviously intoxicated" minor who then causes harm.
The concept of dram shop liability requires alcohol-serving establishments to maintain a standard of care toward the public. By not serving visibly intoxicated patrons or minors, these venues can help prevent alcohol-related incidents. Strictly following California serving laws can reduce the number of drunk driving accidents and help protect other drivers and their communities.
How California’s Dram Shop Liability Law Applies
In California, dram shop laws are limited and seldom apply, and the state restricts third-party liability for adult alcohol-related accidents. According to California Civil Code Section 1714, serving alcohol is not considered the direct cause of injuries from intoxication, so bars, restaurants, and hosts are usually not liable for DUI-related injuries.
However, dram shop liability does apply when it comes to serving alcohol to minors. If an establishment knowingly serves an obviously intoxicated minor, and that minor subsequently causes injury or death, the establishment may be found liable for the resulting harm.
Proving dram shop liability can be complicated. Evidence such as eyewitness accounts, video surveillance, and transaction records must demonstrate that the establishment knowingly served an obviously intoxicated minor. At the Law Offices of Steven Zwick, our attorneys work diligently to help collect and analyze this evidence to build a compelling case on your behalf.
Exceptions to Dram Shop Liability Restrictions in California
While California does limit dram shop liability, there are exceptions in certain situations. For example, if a social host serves alcohol to minors at an event or party and those minors cause damage or injury due to intoxication, the social host can be held liable under California Civil Code Section 1714(d).
Additionally, if a business fails to check a person's ID for an alcohol sale or sells alcohol outside of the designated time frame of 6:00 am to 2:00 am, the establishment could be held liable under California's general liquor licensing law.
Seeking Compensation Under Dram Shop Liability Law
Proving negligence in a dram shop liability case can be complex. You will need to provide evidence that the establishment served alcohol illegally or to someone under 21 years of age. It's important to note that dram shop liability laws don't specifically cover drunk driving accidents, so it may be challenging to prove the establishment's actions were the direct cause of the accident.
If you believe a bar, nightclub, or restaurant is responsible for your injuries from a drunk driving accident, consult with a legal professional. An experienced personal injury lawyer can help you gather evidence and employ strategies to hold the establishment accountable.
Potential Compensation You Can Pursue from an Alcohol-Serving Establishment
If you've been injured by an intoxicated minor in California due to a dram shop violation, there are various types of compensation you can pursue from the establishment at fault. These may include:
Medical expenses: This includes past and future medical bills related to your injuries, such as hospital stays, surgeries, prescription medications, physical therapy, and more.
Lost wages: If your injuries have caused you to miss work or have reduced your earning capacity, you may be able to seek compensation for lost wages.
Pain and suffering: You may be entitled to damages for the physical pain and emotional suffering you've experienced as a result of the accident.
Property damage: If your vehicle or personal property was damaged in the accident, you may be able to seek compensation for repairs or replacement.
The Importance of Timely Legal Action
If you decide to pursue a dram shop liability claim in California, you generally have two years from the date of the accident to file your claim. This time frame necessitates that victims act promptly to preserve their right to seek compensation.
Additionally, gathering evidence becomes increasingly difficult as time passes, with witnesses’ memories fading and physical evidence potentially being lost or destroyed. At the Law Offices of Steven Zwick, we're committed to helping you take the necessary legal steps to give you the best chance for a successful outcome.
Why Choose the Law Offices of Steven Zwick
At the Law Offices of Steven Zwick, our attorneys are experienced in handling drunk driving accident claims, including those involving dram shop liability. We understand the nuances of California law and are committed to helping our clients pursue compensation and achieve justice.
If you or a loved one has been injured by a drunk driver, reach out to us. We strive to provide personalized client service to make sure you receive comprehensive guidance and support throughout your case.
Contact an Experienced Personal Injury Lawyer
Being hit by a drunk driver can have devastating consequences, and it's important to know your rights and options for seeking compensation. If you believe an alcohol-serving establishment is responsible for your injuries, consult with a skilled personal injury lawyer who has experience handling dram shop liability cases.
At the Law Offices of Steven Zwick, we can help guide you through the legal process and work toward pursuing the compensation you need. Located in Mission Viejo, California, we serve clients throughout Orange County. Contact us today to schedule a free consultation.