Legal help for Huntsville victims of drunk driving and negligent alcohol service
Drunk driving accidents can be devastating. These incidents can leave people seriously injured, emotionally scarred, or worse. Here in Alabama, victims of these crashes sometimes have another legal option besides suing the drunk driver. They may be able to hold the bar, restaurant, or store that sold alcohol to the driver responsible. This is called dram shop liability.
At Martin & Helms, we help people in Huntsville and throughout Alabama understand and use dram shop law to get the compensation they deserve. If you or someone you love was injured by a drunk driver, we can inform you of your rights and help you with your case.
What is dram shop liability?
“Dram shop” is an older term that dates back to when alcohol was sold by the dram, a small unit of liquid. Today, dram shop refers to laws that hold businesses responsible when they sell alcohol to someone who then causes harm to others.
Alabama’s dram shop laws are covered under Alabama Code 6-5-71. This allows a person to sue a business that knowingly provided alcohol to a person who was visibly intoxicated, or a person who was under the legal drinking age of 21. If that person then goes on to injure someone else (like in a drunk driving accident), the business that sold the alcohol can be legally held responsible.
Why are dram shop laws so important?
Drunk drivers should be held accountable for their actions, but they aren’t always the only ones at fault. If a bar keeps serving someone who’s clearly intoxicated, they’re contributing to a dangerous situation. Alabama’s dram shop laws exist to discourage this kind of behavior and prevent innocent people from getting hurt.
Dram shop laws can also help victims get the full compensation they need for their accident and injuries. Sometimes the drunk driver doesn’t have enough insurance or personal assets to pay for the damage they caused. So, being able to sue the bar or restaurant that overserved them gives victims another way to recover damages.
What are some examples of dram shop cases?
Here are some hypothetical situations where Alabama’s dram shop laws might apply:
- A bar serves alcohol to a clearly intoxicated person, who then gets in their car and causes a crash.
- A store sells alcohol to a teenager without checking ID, and that teen later causes a tragic accident.
- A bartender continues to serve a customer who is slurring, stumbling, or passing out, and that customer later assaults someone.
In each of these cases, the business that sold or served the alcohol could be held partially responsible for what happened.
How do you prove dram shop liability in Alabama?
For a successful dram shop case in Huntsville, you must prove a few key points:
- The business sold or provided alcohol to someone who was visibly intoxicated or underage.
- That person went on to cause an injury or wrongful death.
- A clear link exists between the alcohol, the person’s behavior, and the harm caused.
This isn’t always easy to demonstrate. Bars and restaurants don’t usually admit to serving drunk people. That’s where our experienced dram shop liability lawyers come in. At Martin & Helms, we know how to gather the right evidence, including:
- Security camera footage
- Witness statements
- Credit card receipts
- Police reports
At Martin & Helms, we also work with experts who can testify about the major signs of intoxication and the proper steps the alcohol servers should have taken.
How can your Huntsville dram shop liability attorneys help with my case?
Our Huntsville legal team has decades of combined experience handling personal injury cases across the state of Alabama. We understand how traumatic a drunk driving accident can be. We also know how to stand up to bars, restaurants, and their insurance companies. When you choose Martin & Helms to handle your dram shop liability case, we can:
- Thoroughly investigate your accident
- Identify all responsible parties, not just the drunk driver
- Work with experts to build a strong case on your behalf
- Negotiate aggressively with insurance companies
- Go to court, if necessary, to fight for your legal rights
Our goal is to make sure you get the compensation you need for your:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Long-term care or disability
What are the time limits for filing a dram shop liability claim?
You only have a limited time to file a lawsuit in Alabama. This time limit is called the statute of limitations. For most personal injury cases, including dram shop claims, the time limit is two years from the date of the injury.
This means that if you or a loved one were hurt in a drunk driving accident, you need to act quickly. The sooner you contact our lawyers, the better chance we have of collecting evidence and building a stronger case.
Frequently asked questions about Huntsville dram shop liability
Following are some common questions we hear from clients.
Can I sue both the drunk driver and the bar or restaurant? Yes. It’s common to sue both. The drunk driver is still responsible for their actions, but the business that overserved them may also share liability.
What if I was a passenger in the drunk driver’s car? You may still have a claim, especially if you didn’t know the driver was drunk or underage. Every case is different, so it’s important to talk to an experienced lawyer.
What if the drunk driver was underage? If a business sold or gave alcohol to a person under the age of 21, they can be held responsible, even if the underage person didn’t look drunk.
Do I need a lawyer to file a dram shop claim? Technically, you don’t. However, these cases can be complicated and hard to prove. Insurance companies fight hard to avoid paying out. Having a skilled lawyer on your side can make a big difference.
Why choose Martin & Helms for my Huntsville dram shop liability claim?
We live and work in Huntsville. We care about our community and the people in it. When someone is hurt because of a drunk driver or a careless business (or both), we believe they deserve justice.
At Martin & Helms, we bring experience, compassion, and determination to every case. Our lawyers are skilled negotiators and tough trial attorneys. We don't back down when your future is on the line.
Talk to our Huntsville dram shop liability lawyers today
If you or someone you love was hurt in a drunk driving accident and you think a bar, restaurant, or store may be partially to blame, don't wait. Contact Martin & Helms today for a free consultation. We're prepared to listen to your story, explain your rights, and help you understand your legal options. You don’t pay us unless we win your case. Please feel free to give us a call or complete our contact form to schedule a free consultation to discuss your case and learn about your legal options. We also serve injured clients in Decatur, Athens and Madison, and throughout Alabama.