The Role of Alcohol Providers in Alabama Car Accidents

Thousands of car accidents take place in Alabama every year as a result of motorists driving under the influence. While the actual intoxicated driver responsible for a car accident is typically the target of legal proceedings and personal injury claims, certain cases may also involve third-party responsibility under Alabama’s long-standing dram shop liability laws. When alcohol providers knowingly serve intoxicated patrons and those patrons go on to cause accidents, the establishment responsible for furnishing the alcohol may be deemed liable for accident-related damages.

If you or a loved one was injured in an alcohol-related crash, it’s important to carefully weigh all available legal options prior to pursuing a claim. For many Alabama residents, working with an experienced car accident attorney can lead to better case outcomes and more comprehensive settlements. Let’s explore when and how alcohol providers can be held responsible for drunk driving accidents and discuss the important role car accident attorneys play in helping accident victims recover the damages they deserve.

What is dram shop liability?

Under Alabama’s dram shop liability laws, licensed providers of alcohol have a legal responsibility to mitigate harm that may be attributable to alcohol consumption. While the term “dram shop” dates back to an old unit of alcohol measurement, today the legal system in Alabama uses it in reference to a variety of contemporary businesses like:

• Bars and taverns
• Restaurants
• Liquor stores
• Event venues

Under Alabama law, these vendors (and any other licensed establishment that conducts alcohol sales) can be held financially liable for certain damages if they knowingly serve alcohol to a visibly intoxicated person or someone under the age of 21.

More specifically, dram shop liability laws dictate that if an intoxicated person’s actions result in harm to another person and/or property, the establishment that furnished the alcohol to that person in violation of the law may also be expected to compensate injured parties for their economic and non-economic damages.

Dram shop liability in action

Dram shop liability can take a few different shapes. In drunk driving cases, however, they typically look a little like this:

Let’s say a bartender serves alcohol to a patron who is showing clear signs of intoxication. If the patron leaves the bar and causes a traffic accident that injures another person, the bar and bartender may be considered liable for the victim’s injuries in addition to the driver responsible for causing the crash. If the accident victim chooses to leverage dram shop liability in their case, the bar may be required to compensate the victim for costs related to their pain and suffering post-accident.

Dram shop liability laws serve two critical functions: First, they allow accident victims to recover damages from individuals whose actions directly contributed to their injuries. Second, these laws incentivize alcohol providers to conduct their business safely and responsibly. Additional requirements like alcohol licensure, training, and certification can further mitigate the potential harm of distributing alcohol to intoxicated and/or underage patrons and further enhance public safety across the board.

Is a party host liable under dram shop law?

There is often confusion around the specific legal responsibilities of social hosts – such as individuals who throw parties in their own private homes – with respect to alcohol consumption. Under Alabama law, social hosts are not privy to the same legal requirements as the licensed alcohol providers discussed above.

Individuals who provide alcohol to others in private settings do have certain legal responsibilities, but these responsibilities tend to be more limited than those set forth by dram shop liability laws. For individuals hosting gatherings at their own homes, there is no expectation of liability in cases where a party-goer is overserved. Social host laws do stipulate, however, that social hosts who knowingly serve alcohol to minors can be found liable for any damages caused by the minor’s intoxication.

Additionally, furnishing alcohol to a minor is considered a misdemeanor under Alabama law and can carry harsh consequences ranging from hefty fines to jail time. Subsequently, it is vital that individuals hosting people within their homes or in other private settings aim to host responsibly by verifying the ages of all guests prior to serving them. If a person fails to take these necessary precautions and an underage party guest causes harm to another person, the host may find themselves facing a hefty personal and financial burden.

What kinds of compensation are available to accident victims?

Victims of drunk driving accidents may be within their rights to seek compensation for a variety of damages related to their accident and injuries. By pursuing a dram shop liability case in addition to a claim against a responsible driver, victims can identify and leverage additional sources of compensation in order to maximize their settlements.

Some examples of the economic and non-economic damages available to accident victims in Alabama include the following:

• Hospital bills
• Ongoing medical expenses
• Lost wages
• Reduced capacity to work
• Therapy costs
• Emotional pain and suffering
• Property damage

In some extreme cases, the courts may also assign punitive damages to prevent responsible parties from re-offending in the future. Under Alabama law, punitive damages are not capped in DUI injury and wrongful death cases.There are also no damage caps on economic or non-economic damages.

How a car accident attorney can help

Drunk driving accidents often involve more than just the driver. Identifying every potentially liable party is key to maximizing your compensation, especially if the driver lacks adequate insurance coverage. That’s where experienced car accident attorneys like the pros at Martin and Helms come in.

Our team can help you build your case, explore liability implications, and fight for the compensation you deserve. We can help by:

• Conducting a thorough investigation into the driver’s actions leading up to the crash.
• Obtaining relevant documents like bar tabs and liquor store sales receipts.
• Determining whether a case may be subject to dram shop liability laws.
• Helping clients determine what kinds and amounts of compensation would best suit their case.
• Filing claims against responsible parties.
• Fighting for clients in court, if necessary.

Pursuing car accident claims without this valuable legal support and insight can result in victims obtaining lower settlement amounts while still incurring hefty legal fees. By partnering with a trusted local team, accident victims can leave no stone unturned in their fights for justice and walk away with settlement amounts that will help them achieve their goals.

With over 25 years of experience handling Alabama car accident cases, the team at Martin and Helms has the knowledge and skill necessary to help accident victims hold responsible parties accountable and take vital steps forward as they work to get back on their feet.

If you or a loved one has been injured in a drunk driving accident, give us a call today or reach out through our online contact form to schedule your free consultation and discover whether your case may be subject to dram shop liability law. We’re here to help you move forward in your recovery journey and lay a solid foundation for your post-accident future.