In the state of Alabama when a person becomes injured due to a drunk driver, they may be able to hold the causing party financially responsible. The laws regarding this specific issue can vary depending on whether the causing party is an individual also known as a “social host” or an establishment.
Here at Barfoot and Schoettker we understand the importance of receiving the justice and compensation that you deserve in any case. As experienced professionals we have handled an array of cases. Here are the details regarding if you can sue a bar that over-served therefore causing an accident involving a drunk driver:
Dram Shop Lawsuit
If Person A is driving after leaving the bar, where he was clearly intoxicated but was continuously served, and hits Person B then Person B can file a personal injury lawsuit against Person A and a dram shop lawsuit against the bar that over-served.
According to Alabama Code 6-5-71, “contrary to the law” if a person has been injured by someone under the influence they are able to seek damages against the person or entity that over-served them, resulting in a case referred to as a dram case.
In a dram shop case there are three parties that should be considered: the defendant, the plaintiff and the person or business that supplied the alcohol. When a person is continuously served even though they appear intoxicated or are not of age this law may come into play.
While the details of your case are unique to you, if you or a loved one has been involved in an intoxicated driver accident, we at Barfoot and Schoettker are here to help.
The Social Host
The person referred to as the social host is the individual who may have overserved the intoxicated party. If the individual person providing the alcohol to the responsible party was a licensed dealer then it could potentially be labeled as a dram shop case. If this is not the case, the person that served the alcohol can still be held liable. It is best to seek a professional, such as the ones at Barfoot and Schoettker to best determine how to handle your specific case.
In these types of cases they are eligible to receive compensation for reasons such as:
- The medical costs for injury treatment
- Injury rehabilitation costs
- The lost income experienced due to the case or recovery
- The cost of damaged property, such as your car
These cases might also involve charges known as “punitive” which are used to punish the responsible party. No matter if you are dealing with a responsible business or individual, here at Barfoot and Schoettker we will work to fight for the appropriate compensation.What is my timeline?
While contacting an attorney immediately is suggested, according to the Alabama statute of limitations you have up to two years to file a lawsuit, explained in Code of Alabama section 6-2-38. Your case will not be filed following this two year deadline.
How we can help
Being in an accident involving an intoxicated driver can be scary and overwhelming. Having to handle the case that follows can also be overwhelming and take time away from your recovery process.
Here at Barfoot and Schoettker we want to ensure that you receive the compensation that you deserve. We will work alongside you to ensure that