In any negligence-related incident, there are multiple questions regarding liability and proving who should be responsible for compensation. Unfortunately, in drunk driving accidents, it’s easy for individuals to get caught up in blaming only one party for the injuries.
Yes, the drunk driver should be held accountable for their decision to drink and drive. They should be forced to pay out compensation. In New York, though, there are certain laws that can help those injured in a drunk driving accident seek additional action when a bar or other establishment plays a role in the injuries sustained.
Understanding What the Dram Shop Laws Mean
Dram shop laws can add an element to drunk driving accident lawsuits involving a third-party such as a bar or restaurant. The laws make it illegal for these establishments to serve alcohol to a person who is already considered visibly intoxicated.
The establishment must identify signs of intoxication such as difficulties with balance and coordination, the individual slurring when talking, and bloodshot eyes. If these signs a present, or there are any potential issues where the patron can be seen as intoxicated, they cannot be served alcohol.
How Does Dram Shop Law Affect Legal Action?
When a bar or restaurant ignores its obligation to refuse alcohol to an already visibly intoxicated party, and the patron leaves, drives, and causes an injury accident, the establishment can also be held accountable for their contribution to the cause of the drunk driving crash.
Proving dram shop liability requires extensive legal knowledge to show that the defendant was in fact intoxicated, they were visibly intoxicated at a bar or restaurant and were given more alcohol, and the intoxication caused the crash.
At O2 Law, we have handled drunk driving cases and helped individuals pursue the compensation they needed after suffering serious injuries. We know how contribution plays a role in drunk driving crashes and what you can do as the injured victim to hold all responsible parties accountable.
Trust that with our Long Island car accident lawyers, your best interests are our top priority. Let us help you navigate the complex legal matters and protect your rights every step of the way.
Call our firm at (631) 752-8580 today to discover if you have a case.
Scott F. Odierno is a partner at Odienero Law firm. Find out more about Scott on his profile page, or view any of his social media profiles below:
