If a drunk driver caused a crash after drinking at a bar, you may wonder whether the bar also bears responsibility. In Georgia, the answer often depends on what the business knew about the driver and what the evidence shows.
What evidence can show the driver’s condition?
Evidence from inside the bar may show whether the driver appeared intoxicated before leaving. Useful evidence includes:
- Witness statements from bartenders, servers or other customers
- Security video showing the driver’s behavior
- Employee statements about what they saw
- Receipts and sales records
- Credit card transaction records
This evidence may show what the driver looked like and how long they stayed at the bar. Under Georgia law, claims also require proof that the bar knew or should have known the noticeably intoxicated person would soon drive.
Can a BAC result prove the bar knew?
A BAC test after the crash can show that the driver was impaired. But it does not automatically show what the driver looked like at the bar or what employees knew.
The timing matters. Investigators may compare the driver’s last drink, the time they left the bar and the time of the crash. Police reports, toxicology results and witness statements can help build that timeline.
What other evidence can help?
Evidence outside the bar may also matter. Depending on the facts, this can include:
- Police reports
- Field sobriety test results
- Toxicology results
- Nearby surveillance video
- Cellphone or location records
- Witness accounts
- Records showing when the driver left
For example, a parking-lot video may show whether the driver had trouble walking or driving away.
Why should you act quickly?
Security video can disappear, employees can move on and witnesses can forget details. Acting quickly may help preserve important evidence.
If you were injured in a crash involving a driver who had been drinking, keep the crash report, medical records, photos and insurance letters. Records about where the driver drank and how long they stayed there may also help. A Georgia attorney can review the evidence and help determine whether the facts may support a claim against the bar.