Can You Sue a Bar or Restaurant After Being Hit by a Drunk Driver?

There are certain conditions in which a Phoenix drunk driving lawyer can help you sue a bar or restaurant for a drunk driving accident. When a bar or restaurant overserves alcohol to a visibly intoxicated patron who later causes an accident, they may be held liable through a legal concept known as dram shop liability. 

Arizona laws allow victims of drunk driving crashes to seek compensation from the bar that served the intoxicated individual, but navigating the legal process can become overwhelming if you don’t have legal help. This guide, along with free legal advice during an initial consultation, can help you determine if you can sue a bar or restaurant after being hit by a drunk driver.

What Should I Do if I’ve Been Hit by a Drunk Driver and Want to Pursue Compensation Against the Bar or Restaurant?

You can successfully sue a bar or restaurant for a drunk driving accident by following the legal advice of an experienced car accident lawyer in Phoenix. The ability to collect compensation is due to Arizona’s dram shop liability laws, but to strengthen your claim, the following actions should be taken:

1. First, seek medical attention for your injuries and report the accident to the police. 
2. Collect evidence such as eyewitness testimony, surveillance footage, receipts showing alcohol purchases, and documentation of your injuries and damages.
3. Consult with a personal injury attorney experienced in dram shop claims to evaluate your legal options and develop a strategy for pursuing compensation from the bar or restaurant.

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What Evidence Is Needed to Sue a Bar or Restaurant in a Dram Shop Claim?

To successfully sue a bar or restaurant after being hit by a drunk motorist, you or your Phoenix personal injury lawyer can gather evidence demonstrating that the establishment served alcohol to a visibly intoxicated individual who later caused the accident.

This evidence may include eyewitness testimony, surveillance footage showing the individual’s level of intoxication, receipts indicating alcohol purchases, and expert testimony to establish the establishment’s negligence. Additionally, documentation of your injuries and damages resulting from the accident will support your claim for compensation.

Are There Time Limits for Filing a Dram Shop Claim After a Drunk Driving Accident?

Yes, there are time limits, known as statutes of limitations, for filing a dram shop claim after a drunk driving accident. These time limits vary by state and typically range from one to three years from the date of the accident. Arizona’s legal deadline to file is two years. These deadlines shouldn’t be missed, as doing so may jeopardize your ability to collect a settlement.

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What Types of Compensation Can I Seek in a Dram Shop Claim?

Various types of compensation may be available for you if you decide to sue the bar or restaurant after experiencing a collision with a drunk driver. This may include medical expenses, lost wages, property damage, pain and suffering, emotional distress, and, in some cases, punitive damages designed to punish the establishment for its negligent actions. 

The specific types and amount of compensation you may be eligible for will depend on the circumstances of the accident and the laws governing dram shop liability in your state.

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Can I Sue Both the Drunk Driver and the Bar or Restaurant in the Same Lawsuit?

Yes, you can sue both the drunk driver and the bar or restaurant in the same lawsuit for a drunk driving accident. You are legally entitled to seek compensation from both parties for their respective roles in causing the accident. However, it’s essential to consult with a Phoenix personal injury attorney experienced in handling dram shop claims to provide an effective legal strategy for your case.

What Happens if the Bar or Restaurant Claims They Are Not Liable for the Accident?

If the bar or restaurant claims they are not liable for the drunk driving accident, they may dispute your dram shop claim and argue that they did not overserve alcohol to the intoxicated individual or that their actions did not contribute to the accident. 

In such cases, the burden of proof is on you as the plaintiff to provide evidence supporting your claim of dram shop liability. This may involve presenting eyewitness testimony, surveillance footage, expert opinions, and other evidence demonstrating the establishment’s negligence in serving alcohol to the intoxicated individual.

How Long Does It Typically Take to Resolve a Dram Shop Claim?

The time it takes to resolve a dram shop claim can vary depending on various factors, including the complexity of the case, the willingness of the parties to negotiate a settlement, and the court’s schedule. In some cases, dram shop claims may be resolved through settlement negotiations between the parties, resulting in a faster resolution. 

If the case goes to trial, it may take longer to reach a final resolution, as court proceedings can be time-consuming. An experienced personal injury attorney can help determine how long it will take to receive compensation after suing a bar or restaurant for damages following the drunk driving incident. 

How Can a Personal Injury Attorney Increase My Chances of Winning if I Sue an Establishment for a Drunk Driving Accident?

A skilled personal injury attorney experienced in dram shop claims can be instrumental in helping you navigate the legal complexities of pursuing compensation from a bar or restaurant after a drunk driving accident. 

They will assess the strength of your case, gather evidence to support your claim, negotiate with the establishment’s insurance company on your behalf, and advocate for your rights in court if necessary. 

Our dram shop liability lawyers at Zanes Law in Arizona work to provide valuable guidance and support throughout the entire legal process, ensuring you receive fair compensation for your injuries and damages. If you are ready to pursue compensation from a restaurant or bar after being hit by a drunk driver, contact us today. 

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