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Injured in a car accident by a drunk driver? Can you received compensation from the bar or restaurant?

Posted by Guy DiMartino | Mar 29, 2015 | 0 Comments

Susan was severely injured in a car accident with a drunk driver. As you would expect, the drunk driver didn't have enough insurance to even pay for Susan's medical expenses, let alone the amount she lost from work, scarring, pain and suffering. During the OWI case, Susan learned that the driver was drinking for hours at a bar before the crash. She wants to know if we could her get compensation from the bar.

The answer to Susan's question is maybe, depending on the facts and circumstances of what transpired before the accident.

I explained to Susan that in Indiana, purveyors of alcohol, which used to be called dram shops, could be liable for accidents caused by intoxicated patrons if you can show:

  1. The bar knew the patron was visibly intoxicated when they served alcohol, and
  2. The patron's intoxication caused the injury or death.

In Susan's case, we could show that the drunk driver's intoxication caused the accident. So we had to work to find out the following:

  • The length of time the drunk driver was at the bar;
  • The number of drinks the bar served to the drunk driver;
  • The drunk driver's behavior at the bar;

If we could show the drunk driver showed signs and symptoms of intoxication at the bar, we would have a good chance of getting Susan compensated.

If you have any questions about an injury caused by a drunk driver, call us now at (219) 874-4878.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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