With the winter holidays fast approaching, there are many plans and details that need to be finalized. If you are traveling for the holidays or remaining at home, one thing that is not on your list is being in an automobile collision caused by a drunk driver. This not only devastates your holiday plans, but it is likely to impact your new year and years to come.
When it comes to drunk driving accidents, it is important to understand that liability for the crash can go beyond just the negligent driver. In Georgia and other states across that nation, dram shop laws are often applicable. The basis of these laws is to hold owners of businesses that sell alcoholic beverages liable for damages caused by the intoxicated person they served.
Dram shop laws basics
As a victim or a loved one of a deceased victim of a drunk driving accident, you have the right to hold bars and alcohol retailers liable for deaths, injuries and other damages caused by the intoxicated driver they served as a patron or customer. However, it is important to note that it can be challenging to prove fault in a dram shop case, as they seek to answer complex questions.
These questions seek to extrapolate what knowledge the bartender or retailer had regarding the intoxicated individual at the time of sale. This could include the person’s tolerance for alcohol, whether they were drinking on an empty stomach, if the individual was already intoxicated before entering the establishment or whether they had knowledge about the individual planning to drive a car.
Proving fault in a civil action
Following a drunk driving accident, you could file a civil action to seek damages. While this often includes holding the drunk driver liable, this could also include holding a third party responsible. If your action seeks to hold a third party liable through dram shop laws, you will need to prove fault to succeed in this action.
In dram shop law cases, proving fault is based on the elements listed in the statute, which differs from state to state. Nonetheless, this often includes proof that a sale of alcohol to the intoxicated person occurred, injuries were suffered in the accident caused by the intoxicated person, there was a proximate cause between the alcohol sale in question and the intoxication of the drunk driver and finally, that the driver’s intoxication was at least one cause for the injuries and damages involved in the incident.
Because these matters can be complex and multi-faceted, it is important to fully understand your rights and legal options. As such, a legal expert could help answer any questions you have.