Most drivers are aware of the dangers of driving while impaired. Decades of public awareness campaigns and ever-tougher DUI laws have made the dangers abundantly clear. Still, thousands of motor vehicle crashes are caused every year by drivers under the influence of drugs or alcohol.
In fact, Georgia has one of the worst DUI records in the nation. One recently published study found there were 2.800 DUI-related crashes in the state in 2024.
While criminal penalties can punish drunk drivers and keep them off the road in the future, so they don’t hurt anyone else, those penalties don’t necessarily help the victims of these crashes. The injured must cope with huge medical bills and all the countless ways their injuries have negatively affected their lives. In cases of fatal accidents, family members are left without the companionship and income of their loved one.
These victims and family members can recover compensation for their losses through lawsuits against the drunk drivers who caused the crashes. However, a sad fact of the matter is that in many cases these irresponsible victims don’t have a lot of money. Some are uninsured. So, even when they are found liable in a court of law, the plaintiffs can’t collect enough to compensate them for all they have lost.
For this and other reasons, it can be important to expand the pool of liable parties. In some cases, this can mean pursuing compensation not just from the drunk driver, but also from those who supplied the driver with alcohol.
Liability under the Dram Shop Act
Under the Dram Shop Act in Georgia, restaurants, and other alcohol-serving establishments that served alcohol to an impaired driver may be held liable for a drunk driving accident caused by that driver.
If you have been injured in a drunk driving accident, you may file a personal injury claim against the driver who caused your accident, as well as the establishment that sold them alcohol. To prove dram shop liability in Georgia, an accident victim must show that:
- The bar knowingly sold alcohol to the driver.
- The driver exhibited visible signs of intoxication (e.g., slurred speech or reckless behavior) or was under the age of 21 at the time of the sale.
- The sale of the alcohol caused the driver to become more intoxicated.
- The driver’s intoxication caused the collision and the victim’s injuries and damages.
There are several types of evidence that can be used to establish the above elements. Drunk driving accident victims may use the following evidence to prove their case:
- Witness testimony from other bar patrons or people present when the alcohol was sold to the intoxicated driver.
- Receipts proving the sale of the alcohol.
- Surveillance footage at the bar.
- Expert testimony from a medical expert relating to the driver’s blood alcohol content (BAC).
Bars and other establishments may defend against dram shop liability claims by claiming that they did not know that the driver was intoxicated or under the age of 21 at the time of the sale.