Proving Dram Shop Liability in an Alabama DUI Accident Case

If you or someone you love has been injured in a car accident caused by a drunk driver, you may already know that you can sue the driver. However, did you know there’s also a chance a bar, restaurant, or even a store can be held responsible? Here in Alabama, this is called dram shop liability. And, yes, it’s as serious as it sounds. Our Huntsville accident lawyers are here to walk you through the process, step by step.

What is dram shop liability?

“Dram shop” is an old-fashioned term that refers to places that sell alcohol. Under Alabama law, if a bar, restaurant, or liquor store sells or serves alcohol to someone who is visibly intoxicated, and that person later causes an accident, the business can be legally held responsible. This is called dram shop liability. This law gives you the ability to sue businesses that illegally sell or serve alcohol if it causes injury or death. If the drunk driver was under 21, the business can be held liable even if the person didn’t seem drunk at the time because selling alcohol to a minor is always illegal in Alabama.

Let’s look at an example. Someone leaves a Huntsville bar clearly drunk, gets in their car, and causes a serious accident. If the bar served them while they were already visibly intoxicated, that bar might share some of the blame for what happened.

Why are dram shop cases important?

Often, in DUI accident cases, the drunk driver doesn’t have enough personal insurance to cover all the medical bills, lost wages, and pain and suffering they caused. This is where dram shop liability comes in. Suing the business that overserved the driver can give you another way to recover the compensation you need.

There’s another reason why these cases matter – accountability. Holding negligent bars and restaurants responsible when they break the law can help prevent future tragedies. When businesses understand that they can be sued for overserving alcohol, they’re more likely to train their staff properly and follow the rules.

How do your Huntsville accident lawyers prove dram shop liability?

It’s not easy to prove that a business is responsible for a drunk driving accident. It takes hard work, extensive legal knowledge, and a lot of evidence. At Martin & Helms, we focus on building the strongest possible case for our clients. Here’s how we do it.

In dram shop cases, timing is everything. Things like security videos, receipts, and witness memories can disappear quickly. This is why one of the first things our accident lawyers do is send what’s called a spoliation letter to the business. This letter demands that they keep and preserve any evidence that might be relevant to your case.

The sooner you contact our lawyers after a drunk driving accident, the better the chance we have to gather key evidence like surveillance footage from inside the bar, credit card receipts showing how much alcohol was purchased, eyewitness statements from employees and customers, and social media posts or photos from the night of the accident. These pieces of evidence can help show that the driver was overserved before the crash.

Witnesses can make or break a dram shop case. If someone saw the driver acting drunk or stumbling at the bar before the accident, this can be powerful proof. Our team interviews bartenders, wait staff, customers, and even Uber drivers who may have been around. We also check police reports and accident scene investigations for names of people who might know what happened. Even people who didn’t see the crash itself can be helpful, especially if they saw the drunk driver being served while clearly intoxicated.

Another way to prove that a business overserved someone involves science. Toxicology experts can look at the drunk driver’s blood alcohol content (BAC) at the time of the crash and figure out how much they likely drank and when. Let’s say the driver’s BAC was 0.20 about 30 minutes after the crash. That’s more than double the legal limit in Alabama. A toxicologist might be able to show that the person had to have been intoxicated at the time they were being served, which can help support your case.

Most bars and restaurants have rules about how and when they serve alcohol. We look at those policies in-depth to see if they were followed. For example, does the bar have a policy to stop serving customers who are visibly drunk? Did the bartender have the proper training? If the business ignored its own rules, or didn’t have any, that’s something we can use in court. We also look at whether the business has been cited in the past for overserving or serving minors. A history of problems can show a pattern of negligence.

What are some common challenges in Huntsville dram shop cases?

Dram shop cases can be difficult. Here are some challenges we often run into and how we overcome them.

• Employees may be afraid to speak up because they don’t want to get in trouble or lose their jobs. That’s why having an experienced accident lawyer is important. We know how to handle sensitive interviews and protect witnesses.
• Sometimes, the business doesn’t have any video footage, or the customer paid cash, which leaves a smaller paper trail. When this happens, we double down on witness interviews and expert testimony.
• The drunk driver may try to protect the bar or claim they only had “one or two drinks.” However, if their BAC is high and we have proof they were at a specific place before the crash, we can usually demonstrate the truth.

What should I do if I’ve been injured in a Huntsville drunk driving accident?

If you or a loved one has been hurt in a crash caused by a drunk driver, you must act quickly. Here are some steps you can take to protect your health and your legal rights.

• Get medical help right away. Even if you think you feel okay at first, some injuries may not show up right away. Ensure you get checked out by a medical professional.
• Call the police and get a report. The police report will document important facts and information, and may include the driver’s BAC.
• Save any evidence you have. Photos, receipts, witness names – anything can help.
• Call a lawyer at Martin & Helms as soon as possible. The sooner we can start investigating, the better your chances of building a strong case.

At Martin & Helms, we offer free consultations, and you don’t pay unless we win your case.

Why choose Martin & Helms for my dram shop liability case?

The Huntsville accident attorneys at Martin & Helms have been helping injured people across North Alabama for years. We understand the state’s dram shop laws and know what it takes to win these types of cases.

We believe in doing more than just securing compensation. We fight to hold negligent businesses accountable and help make our roads safer for everyone.

Our team listens to your story, explains your legal options, and gives you honest advice about your case. Whether it’s negotiating a settlement or going to trial, we’re always ready to fight for you every step of the way.

We understand that DUI crashes are heartbreaking and often preventable. When businesses break the law by overserving alcohol, they should be held responsible. Alabama’s dram shop laws exist to protect victims and give them another path to justice. If you or someone you love has been injured in a Huntsville DUI crash, don’t wait to get help. Talk to an experienced lawyer who understands how to prove dram shop liability and who’s ready to stand by your side. At Martin & Helms, we’re here to help you get answers and support, and secure the compensation to which you’re entitled for your injuries and losses. Call us or fill out our contact form today for a free consultation. We proudly serve clients throughout Alabama, including Decatur, Athens, and Madison.