INJURED IN A CAR ACCIDENT BY A DRUNK DRIVER? CAN YOU RECEIVED COMPENSATION FROM THE BAR OR RESTAURANT?
March 29, 2015
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:
The bar knew the patron was visibly intoxicated when they served alcohol, and
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.