Pursuing Justice After A Drunk Driving Incident
Drunk driving can be catastrophic, causing significant physical, emotional, and financial consequences. Holding all responsible parties accountable is important not only for the victim to have justice, but also to attempt to prevent such incidents in the future. This, of course, includes the drunk driver themselves, but in some cases the bar, restaurant, or other store that served the driver while visibly intoxicated may also be found liable for the incident and your injuries. If you or a loved one has been injured in a collision involving a drunk driver, our Birmingham, AL dram shop liability lawyers can help you.
In order to determine the full extent of liability in your case and pursue the maximum amount of compensation that you deserve, contact our team at Marsh | Rickard | Bryan, LLC today to schedule a consultation.
What Is Dram Shop Liability?
Our Birimingham attorneys have experience pursuing a legal concept known as “dram shop” liability. This means that when an establishment sells alcohol to a visibly intoxicated person who then causes an accident, injury, or death, the establishment can potentially be found partially liable for the resulting injuries.
These cases can be complicated and somewhat difficult to prove, which makes the experience and knowledge of our lawyers all the more important as you pursue the full extent of compensation that you deserve. If it can be proven that the establishment knew or should have known that the customer was visibly intoxicated when they served him or her, and that the alcohol served contributed to the accident and the resulting injuries, then the establishment may be found liable for your injuries and owe you compensation for your losses.
How Our Lawyers Can Help You
Our service begins with an initial consultation. We will discuss your case with you, including the circumstances of your accident and the extent of your injuries, in order to determine the best steps forward as we pursue a claim or lawsuit. We will then thoroughly investigate your case and gather evidence to prove liability and the extent of compensation that you are owed. If the driver was intoxicated in your collision, this includes investigating the source of the alcohol to determine if dram shop liability applies to your case.
Our team will represent you in all aspects of your case. Throughout the entire process, our lawyers who are versed in Alabama dram shop liability law will be by your side to assist you as you pursue physical, emotional, and financial recovery in the aftermath of a collision.
Seek Dedicated Legal Representation Today
We know how painful and daunting the aftermath of a collision can be, but there are paths available for you to pursue the justice and recovery that you deserve. You do not have to take on this process alone. Contact our team at Marsh | Rickard | Bryan, LLC today to discuss your case and determine how we can help you begin your path to recovery.
Liability Under Alabama Dram Shop Laws
Dram shop laws are statutes that impose liability on establishments that serve alcohol to visibly intoxicated individuals or minors who subsequently cause harm due to their intoxication. In Alabama, these laws aim to reduce alcohol-related harm by holding alcohol vendors and servers accountable under specific circumstances.
If you or someone you love has been hurt because of the actions of a drunk driver – or other intoxicated person – then you may have the right to demand compensation from multiple at-fault parties. A Birmingham, AL, lawyer from Marsh | Rickard | Bryan can help you with a dram shop liability case.
Liability Of Alcohol Vendors
Under Alabama law, liability primarily extends to alcohol vendors, such as bars, restaurants, liquor stores, and other establishments licensed to sell alcoholic beverages. These vendors can be held liable if they:
- Serve Alcohol to Minors: It is illegal to sell or furnish alcohol to anyone under the age of 21. If a vendor serves alcohol to a minor and that minor causes injury or damage as a result of their intoxication, the vendor can be held liable for the consequences.
- Serve Alcohol to Visibly Intoxicated Persons: If an establishment knowingly serves alcohol to a person who is visibly intoxicated, and that person subsequently causes harm due to their intoxication, the vendor can be held liable. Visible signs of intoxication might include slurred speech, impaired motor skills, stumbling, blood shot eyes, aggressive behavior, and other signs of intoxication. The key factor is whether the server knew or should have known that the patron was intoxicated.
Social Host Liability
While Alabama’s dram shop laws primarily target commercial vendors, social hosts can also face liability under certain conditions. Social hosts are individuals who serve alcohol in a non-commercial setting, such as a private party. A social host may be held liable if they knowingly provide alcohol to a minor who then causes injury or damage due to their intoxication.
However, liability for serving visibly intoxicated adults in a private setting is less clear and may depend on the specifics of the case and judicial interpretation. These cases can be even more difficult, which is where the services of a Birmingham dram shop liability lawyer can help.
Establishing Liability
To establish liability under Alabama’s dram shop laws, the plaintiff must prove several elements:
- Service of Alcohol: It must be shown that the defendant knowingly served or furnished alcohol to the individual who caused the harm.
- Violation of the Law: The service of alcohol must have been to a minor or a visibly intoxicated person.
- Causation: There must be a link between the service of alcohol and the harm caused. The plaintiff must demonstrate that the intoxication was a proximate cause of the injury or damage.
- Damages: The plaintiff must have suffered actual damages, such as medical expenses, property damage, or pain and suffering.
Contact Marsh | Rickard | Bryan Today For A Free Consultation
If you or a loved one has been affected by an incident involving intoxication, consulting with an experienced Birmingham dram shop liability lawyer can help you seek appropriate compensation for your injuries. Contact Marsh | Rickard | Bryan today to speak with a Birmingham dram shop liability lawyer.
