What Proof do You Need to Sue a Bar or Restaurant After a Drunk Driving Accident?

Holding establishments accountable for serving alcohol responsibly is an important aspect of promoting public safety and reducing the harm caused by intoxicated individuals. When they negligently serve alcohol to patrons who are visibly intoxicated, they may be held liable for any injuries or damages caused by the intoxicated person. 

Legal frameworks exist that allow individuals who have been harmed by an intoxicated person to seek compensation from the bar or restaurant that served the alcohol. Proof is needed to sue the bar or restaurant responsible successfully. Hiring a Phoenix drunk driving car accident lawyer to manage the legal complexities can positively impact your case. Learn from Zanes Law how victory is obtained.

Are Restaurants or Bars Held Accountable for Drunk Drivers?

Yes, bars and restaurants can be held accountable for drunk drivers under certain circumstances. If they serve alcohol to someone who is visibly intoxicated, and that person later causes a drunk driving accident, they may be liable for the resulting injuries and damages. Proving the bar’s liability in a drunk driving case can be complex and often requires a Phoenix personal injury lawyer.

Your skilled legal team will utilize your state’s dram shop laws to seek justice. Those laws are a set of regulations that hold bars, restaurants, and taverns responsible for the actions of their patrons who become heavily intoxicated and cause harm to others. 

The purpose of these laws is to encourage places to serve alcohol responsibly and prevent the risks associated with over-serving patrons. By imposing liability on establishments, dram shop laws aim to incentivize responsible alcohol service and promote public safety.

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What Are the Key Elements Needed to Convict a Bar or Restaurant of Irresponsibly Selling Alcohol?

Suing a restaurant or bar for a drunk driver’s accident begins with identifying the following elements:

1. Duty of care: The bar must have a duty to exercise reasonable care in serving alcohol and preventing harm to others.
2. Breach of duty: The restaurant must have breached this duty by serving alcohol to a patron who was visibly intoxicated or should have been reasonably known to be intoxicated.
3. Burden of proof: In dram shop cases, it’s up to the person suing (the plaintiff) to prove that the bar or establishment is responsible for their injuries. They have to show with evidence that it’s more likely than not that the bar’s actions caused their harm. The level of proof needed can change based on where the case is happening and what happened in the situation.
4. Causation: There must be a causal connection between the establishment’s alcohol service and the injuries or damages suffered by the plaintiff.
5. Damages: The plaintiff must have suffered actual harm or damages as a result of the intoxicated person’s actions.

What Evidence Is Needed to File a Claim Against a Restaurant for a Drunk Driver?

Bars and restaurants have the dual responsibility of prioritizing customer service and ensuring public safety. If they fail to create a balance between the two and don’t adhere to the legal requirements regarding alcohol service, the following can be used as proof to win a drunk driving accident case:

1. Proof of Alcohol Service

Proving that the bar or restaurant served alcohol to the intoxicated person is a crucial element in a Dram shop claim. Most establishments train their staff to recognize signs of intoxication or to limit the number of alcoholic beverages a patron can consume. There are laws and regulations they must follow to encourage public safety.

2. Eyewitness Testimony

Statements from witnesses who observed the patron being served alcohol and displaying signs of intoxication, such as slurred speech or aggressive behavior.

3. Surveillance Footage

Video recordings from their security cameras capture the patron’s behavior and interactions with staff.

4. Receipts and Credit Card Statements

Documentary evidence, such as receipts or credit card statements, showing transactions for alcohol purchases.

5. Expert Testimony

Expert witnesses, such as toxicologists or medical professionals, can analyze the patron’s behavior and testify as to their level of intoxication.

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What Legal Defense Can a Bar or Restaurant Use to Avoid Charges After a Drunk Driving Accident?

Even if you have proof to sue a bar or restaurant after a drunk driving accident, the restaurant or bar may raise the following defenses to challenge liability:

• Lack of knowledge of intoxication: They may argue that they had no reason to know that the patron was intoxicated and, therefore, should not be held responsible.
• Contributory negligence: In many states, the doctrine of contributory negligence holds individuals partly or fully responsible for damages based on their level of fault. The establishment might argue that the injured person’s actions added to their harm. However, Arizona operates under the comparative negligence rule, which means this defense cannot be used.
• Statutory violations: The restaurant may argue that they were in compliance with all applicable alcohol service laws and regulations and should not be held liable.

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Are There Any Deadlines for Suing a Bar or Restaurant Following a Drunk Driving Accident?

Yes, it is crucial to adhere to the statutes of limitations for filing a dram shop claim. These time limits vary by jurisdiction and may depend on the type of claim and the specific circumstances. In Arizona, a dram shop or social host liability lawsuit for personal injuries or death must be filed in court within a two-year timeframe, usually starting from the date of the injury or death.

While some exceptions may apply, failing to file within the prescribed time limits can result in the loss of the right to pursue a claim. It’s best to consult with a knowledgeable personal injury or wrongful death attorney near you to determine how much time you have to file a claim. 

Do I Need a Lawyer to Sue a Bar or Restaurant for a Drunk Driving Accident?

When it comes to suing a bar or restaurant for a drunk driving accident, gathering proof and understanding the complexities of dram shop laws is necessary to make a successful claim. Consulting with a seasoned personal injury attorney who specializes in dram shop cases is highly recommended.

An attorney can help you navigate all applicable laws in your area, gather evidence to support your case, and assess how strong your claim is. They’ll guide you through the legal process, advocate for you, and negotiate with the bar, restaurant, or insurance company to ensure you receive fair compensation for your injuries and losses.

If you need assistance with holding a restaurant or bar accountable for irresponsibly serving alcohol, contact us today. The attorneys at Zanes Law know the ins and outs of dram shop cases, and you’ll have valuable guidance and support every step of the way.

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