Who is Responsible if a Drunk Driver Causes an Accident? | Cannabis Law Report | Where to buy Skittles Moonrock online

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When a drunk driver causes a crash, the outcome can be devastating. From property damage and severe injury to emotional trauma and even loss of life, the effects are usually tragic for victims and their loved ones. While it may seem clear that the drunk driver is responsible, sometimes legal responsibility falls on a person other than the driver.

Therefore, who is really liable in these cases, and are others possibly liable too? Understanding the law, including an overview of liquor laws, can help victims make informed decisions when seeking justice and remedies.

The Drunk Driver is Primarily Liable

In most cases, the drunk driver is the one who is directly responsible for the accident. Driving under the influence (DUI) is against the law in all states, and a driver who was drunk and responsible for a collision is usually liable for the damages sustained. These may include medical expenses for lost wages, car repair, and pain and suffering.

Aside from criminal prosecution, the drunk driver can be sued in civil court by the victims of accidents. If convicted of DUI, the conviction itself can be used as strong proof of negligence in a personal injury case.

Other Parties May Share Responsibility

While the drunk driver is generally the main party responsible, others or alternative parties can be held liable in certain situations. These situations are generally linked to how the driver was served or provided with alcoholic beverages.

Some states have so-called dram shop legislation, which allows victims to sue restaurants, bars, or establishments serving liquor if they served a noticeably intoxicated or underage customer who then caused an accident.

Dram shop rules vary widely from state to state, so it is worthwhile to know the precise regulations under which the accident occurred. For an entire analysis of liquor law, including dram shop and host liability statutes state by state, it is recommended to consult legal sources or a lawyer who understands local laws.

There are also social host liability statutes in a few states. This is when a private citizen, such as the party host, becomes responsible if he or she knowingly serves drinks to a minor or clearly drunk party guest who then causes an accident.

Other Parties at Fault

The Vehicle Owner

If the vehicle involved in the accident was not owned by the drunk driver but was being driven by them on loan, the owner could be held liable to some extent. This is especially so where the owner was aware or should have been aware that the person was drunk or otherwise unable to drive.

An Employer

If the driver was in the course of employment during the accident, perhaps delivering products or using a company car, the employer may also be held liable under the laws of vicarious liability. This occurs when an employee’s negligent act occurs in the course of employment.

Legal Options for Victims

Drunk driving accident victims can pursue a variety of compensation options. These include: bringing a claim against the fault party’s insurance company, bringing suit for personal injury, or pursuing any available third-party defendants who are partially responsible.

Compensation may come in many types of damages:

• Past and future medical expenses
• Lost wages
• Property damage
• Pain and emotional distress
• Punitive damages are awarded where gross negligence is involved

A qualified attorney may help review the crash, identify all liable parties, and ensure no potential source of recovery is omitted.

Conclusion

Even though the drunken driver is most often the key individual at fault for a car wreck, there may be others to blame depending on the circumstances. From party hosts and nightclub managers to employers and car owners, liability may be more than on the surface.

Remaining attuned to these forces and considering an overview of alcohol law in your state can be the difference between building a strong case and receiving the justice you deserve.