A normal day can turn tragic when an impaired driver changes the course of someone else’s life. Pedestrians, passengers and other motorists often suffer severe injuries because of the driver’s decision to drive under the influence.
Under Georgia’s Dram Shop Act, injured bystanders may pursue compensation not only from the drunk driver but also from establishments whose actions contributed to the accident.
The law protects innocent victims and holds responsible parties accountable for their role in the incident.
What does the dram shop law require injured bystanders to prove?
An injured bystander may pursue a dram shop claim in Atlanta when the evidence shows:
- Service to a noticeably intoxicated person: The establishment served alcohol despite clear signs of impairment. Slurred speech, poor balance, stumbling, aggressive behavior and other visible signs of intoxication may help establish liability.
- Service to an underage person: Serving alcohol to a person under 21 is against the law. The law may hold a business accountable for any harm caused by the underage drinker to an innocent third party.
- Knowledge that the person would soon be driving: The establishment knew or reasonably should have known the patron would soon operate a vehicle. Evidence may include witness accounts, surveillance footage, the patron’s statements or other circumstances showing that staff should have anticipated the person would be driving after drinking.
The strength of a dram shop claim often depends on the ability to prove these legal elements through credible evidence.
Compensation available for injured innocent bystanders
A successful dram shop claim may provide compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, emotional distress, permanent disability and other related damages. Courts may also award punitive damages for extreme recklessness under Georgia’s Dram Shop Act.
Seeking accountability
A single reckless decision can leave an innocent person suffering serious injuries. The Dram Shop Act may extend liability beyond the impaired driver when an alcohol-serving establishment contributes to a preventable crash. Holding all responsible parties accountable can help injured victims pursue meaningful compensation and bring a greater sense of justice after a devastating accident.