When you are injured by a drunk driver, you naturally want to hold the drunk driver responsible. You may not consider the liability of the person who was responsible for providing the driver with the alcohol, but you might have a legal claim against them, as well.
The Dram Shop Act
Georgia’s Dram Shop Act allows victims of drunk driving accidents to receive damages from businesses or social hosts who knowingly serve, sell or furnish alcohol to someone who is visibly intoxicated or under the age of 21.
To prove a dram shop claim, you must show that the person knowingly, willfully and illegally supplied alcohol to someone who was visibly intoxicated or under the age of 21 and that the person who supplied the alcohol knew that the person would be driving soon.
Finally, you must prove that serving the alcohol contributed to the driver’s intoxication, that the intoxication caused the car crash and resulted in injury.
Establishing liability in a dram shop claim can be challenging, but if you succeed, you can recover various types of damages including:
- Medical expenses
- Lost Wages
- Pain and suffering
- Emotional distress
Medical expenses include the cost of hospital stays, medications, equipment and doctor’s visits. In addition to lost wages, you could recover an amount for loss of future earning capacity if your injuries prevent you from returning to work or taking a different job.
Dram shop damages also potentially include compensation for repair of your personal property and any other costs associated with the accident, such as hiring in-home care.
Pursuing justice against everyone responsible
Dram shop cases are complex. It is important to thoroughly investigate the circumstances surrounding your drunk driving accident to determine who exactly is responsible for serving the drunk driver.
Once that is done, gathering evidence and knowing to effectively present it can increase your chance of a successful dram shop claim that holds the liable parties responsible.