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My son was killed when he was hit by a drunk driver on his way home from school. Is anyone besides the driver liable for my son’s death?
When a drunk driver causes an accident, it is possible in many states to institute a “dram shop act” suit against whoever allowed the driver to get drunk and drive. So, for example, if the driver had been drinking at a bar, you could sue the bar and, quite possibly, the bartender for allowing the driver to drink after he was intoxicated.
Dram shop actions are regulated by state law, so you will find that these types of actions are not allowed in some states and other states have varying requirements of proof. Florida, Nevada, and Vermont are the only states that do not impose liability on the bartender or bar. Generally, the testimony of other people at the bar is used to support the fact that the driver was served even though he or she was clearly inebriated.
Likewise, if the driver was at a party, the host of the party may be liable for allowing the driver to drive away from the party when he was drunk. This is an extension of the dram shop act which has not been accepted in every state. However, if your state extends liability to social hosts, you would need to prove that the host of the party served the guest/driver alcohol when he or she was visibly intoxicated. An attorney in your state would know whether your state will hold the social host liable for damages under your state’s laws, and what will need to be proven.
Generally speaking, dram shop actions against bars or party hosts are considered somewhat punitive in nature. Therefore, in this kind of case, it is rare to impose additional punitive damages against the host or bar. However, these alternate avenues of liability are available so that you have the opportunity to be fully compensated by all parties who contributed to the accident. |
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