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Can a Bar Be Held Liable for a DUI Accident? What Victims Need to Know

After a DUI accident, most people hold the intoxicated driver responsible, but in Albuquerque, the bar or restaurant that overserved the driver may also be legally liable. “Dram shop” laws allow injured victims to seek compensation not just from the driver, but also from establishments that serve alcohol to someone visibly intoxicated or underage. Knowing how these laws work can prove valuable if you or a loved one were harmed in a drunk driving accident.


A skilled Albuquerque drunk driving accident lawyer can determine if dram shop liability is applicable to your situation and gather critical evidence like witness testimony or service records. With this in mind, here's what you should know:

Proof of Negligence Is Critical

To make the bar liable legally with dram shop laws, victims must have substantial evidence that the bar overserved the drunken driver. This is considerably more than just showing the driver was drunk; you must show the bar served a person who was easily visible as being drunk or underage.


Your evidence can be a videotaped testimony of bouncers or security catching the individual stumbling or slurring words, receipts for significant alcohol sales, or customer or employee testimony. Toxicologists or experienced bartending experts' testimony can also prove what a "reasonable" bartender would have done. The more solid your evidence, the more difficult it is for the establishment to deny liability.

Bars Can Be Held Financially Responsible

If a bar is found liable under dram shop laws, it can be ordered to pay significant compensation. This may include coverage for emergency treatment, medical expenses, rehabilitation, lost income for time off work, and long-term consequences such as disability or emotional trauma.


When death is the result of DUI, relatives of the victim may be awarded damages and funeral expenses. Holding a bar accountable for DUI accidents not only makes sense financially for victims, but can also be a strong message in the community about the importance of serving alcohol responsibly.

Time Limits Apply (Statute of Limitations)

Dram shop laws have time limits known as statutes of limitations. Most states allow the victims anywhere from one to three years from the date of the accident to file a suit.


Still, these timelines can differ based on whether a case is for injury or wrongful death and if a governmental-run institution (such as a city-operated tavern) is involved. Failing to meet these timelines, regardless of how meritorious your case is, will typically result in losing your legal entitlement to seek compensation altogether. That's why it's important to seek out legal experts immediately after the accident.

The Drunk Driver Can Still Be Sued

Even if a bar is legally at fault for overserving the driver, this doesn't let the driver off the hook. You can still file a claim or lawsuit against the individual who caused the crash. Many successful DUI injury cases involve holding both the driver and the bar jointly responsible. This is especially useful if the driver has limited insurance coverage or personal assets. By suing all those responsible, victims are likely to receive the complete compensation for their losses.

Insurance Coverage is Essential in Dram Shop Claims

Even if a bar is liable, obtaining damages greatly hinges on its insurance policy. Small bars might not carry enough liability coverage to fully compensate for your loss, but others may be covered under commercial general liability or liquor liability insurance.


An experienced attorney can verify the bar’s insurance policies and negotiate with insurance companies to make sure you get the maximum compensation. Knowing the status of their insurance also gives you an idea of the actual worth of your claim.

author

Chris Bates



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