Hit By A Drunk Driver? Holding A Bar Accountable for an Intoxicated Person

Going out to a local bar or restaurant is a popular way to relax across Washington State. Sadly, a night out can turn tragic when a business ignores the law on alcohol service. Bartenders and servers have a strict legal duty to watch their patrons and stop serving anyone who is clearly impaired.

When a bar overserves a patron, that intoxicated person becomes a danger to the public the moment they leave. If they drive or start a fight, the injuries are often severe. A dedicated attorney helps victims hold both the intoxicated person and the negligent business accountable.

Understanding a Bar’s Responsibility to Prevent Overserving

Bars have a strict legal duty to stop serving patrons who look visibly impaired. Washington State dram shop laws let victims hold a bar accountable if it overserves an intoxicated person who later causes harm. A knowledgeable attorney can help determine whether the business shares legal liability.

The law requires servers to watch for signs of impairment before serving another drink. Clear signs of intoxication include slurred speech, stumbling, aggression, or poor coordination. When a bartender keeps serving someone showing these signs, the bar puts profits over public safety.

This legal concept is known as dram shop liability. It is meant to reduce the chance of preventable tragedies. Holding businesses financially responsible for the actions of an intoxicated person encourages safer serving across the hospitality industry.

Proving the Establishment Served an Intoxicated Person

Proving a business overserved someone requires evidence that the intoxicated person was visibly impaired before their last drink. A skilled lawyer gathers security footage, bar receipts, and eyewitness accounts to build the case. Securing this evidence quickly is vital for a dram shop claim.

Bars and restaurants rarely admit to breaking liquor laws after a serious accident. A lawyer must run a thorough, independent investigation into what the business did before the incident. Proving that an intoxicated person was served means collecting several types of documentation quickly.

An experienced lawyer will look for several key pieces of evidence to establish a timeline of events:

• Video Surveillance. Security camera footage clearly shows the physical behavior and interactions of the patron with the staff.
• Credit Card Receipts. Transaction timestamps create an exact timeline of how many drinks the individual purchased and when.
• Eyewitness Accounts. Statements from other patrons or employees confirm visible signs of the intoxicated person’s impairment.

State regulatory agencies take overserving very seriously. Establishments that provide alcohol to an intoxicated person may face strict penalties from organizations like the Washington State Liquor and Cannabis Board. Documenting a history of prior liquor violations at the specific bar strongly supports a civil claim for damages.

Handling Injuries Caused by an Intoxicated Person

Victims of an intoxicated person often suffer severe harm in drunk driving crashes or sudden fights outside venues. Getting prompt medical care is critical to protect your health and document your condition. An attorney uses these medical records to link your damages to the bar’s negligence.

An impaired individual who leaves a bar often causes devastating vehicle accidents that change the lives of innocent drivers and pedestrians forever. Alcohol severely impairs judgment, reaction times, and motor skills. According to data published by the National Highway Traffic Safety Administration (NHTSA), accidents caused by drunk drivers remain a leading cause of fatal roadway crashes nationwide.

An aggressive, intoxicated person may also initiate unprovoked assaults in parking lots or on the sidewalk. These violent encounters commonly result in life-altering traumatic brain injuries or complex spinal damage. Prompt medical intervention ensures victims receive the needed care while establishing the medical proof needed for a legal claim against the patron and the bar.

Filing an Official Police Report After the Incident

Police officers must assess the scene right away to document the intoxicated person’s level of impairment. An official police report records key details like blood alcohol content and early witness statements. Your lawyer relies on this report when presenting a claim against the negligent bar.

Calling the police is essential whether a drunk driver hit you or an intoxicated person assaulted you outside a bar. Officers at the scene give breathalyzer or field sobriety tests to establish the state of the intoxicated person. They also document where that person was drinking before the incident.

This early documentation preserves the key link between the intoxicated person’s actions and the bar that served them. Without a police report detailing their condition, the bar’s insurance company will likely deny involvement or shift the blame.

Pursuing Compensation Through Dram Shop Claims

Victims face rising hospital bills, lost wages, and deep emotional distress after being harmed by an intoxicated person. Filing a dram shop lawsuit lets you seek financial recovery from both the intoxicated person and the bar. An experienced attorney helps make sure all responsible parties are held accountable.

Holding a business responsible for a patron’s actions takes real legal resources and strong negotiation. Bars usually carry large liability insurance policies, and their adjusters fight hard to limit payouts. A lawyer weighs the full scope of your medical expenses, future rehabilitation, and pain and suffering caused by the intoxicated person.

The legal professionals at Evergreen Personal Injury Counsel have a long history of securing meaningful results for victims facing complex liability situations involving impaired people. In the most tragic cases where a family loses a loved one, the firm provides compassionate guidance through wrongful death claims to help surviving relatives find financial stability.

Finding Compassionate Help After an Incident

Strong legal representation is essential to handle complex liability laws and aggressive insurance adjusters. The team at Evergreen Personal Injury Counsel protects your rights against the negligent party and the bar. A compassionate attorney works hard so victims can focus on recovery.

The attorneys at Evergreen Personal Injury Counsel understand the anger and confusion that follows an injury caused by a business’s reckless decision to overserve an intoxicated person. With over two decades of legal experience, their professionals are dedicated to uncovering the truth and holding negligent bars accountable. You can learn more about their commitment to justice by visiting the our firm page.

Attempting to negotiate with a bar’s corporate insurance company alone after an incident is never recommended. Let experienced legal professionals level the playing field for you. Visit our official Contact page today to schedule a comprehensive case review and discuss your options.

Often Asked Questions