Every single state in the U.S. has dram shop laws in place. These laws mean that a bar, restaurant, or other vendor of alcohol can be sued if a patron they served caused a drunk driving accident. Such lawsuits can only be filed in specific circumstances, however, usually when it was a minor who was served the alcohol. Read on to understand when a bar owner could be held responsible for a drunk driving accident.

First-Party Dram Shop Lawsuits
Now not every state allows for this kind of claim. This kind of case is when the person suing is the one who consumed the alcoholic beverages. While there are some states where you could file this claim, it will be one hard fight to convince juries of your case, as they will likely hold you responsible for drinking the beverages, not the bartender for selling the drinks. Now if the person suing is a minor younger than 21 years old, then a jury might side with the plaintiff, blaming the bar for enabling an underage DUI accident.

Third-Party Dram Shop Lawsuits
If you were the person injured in a drunk driving accident, you could have a case against the bar that got the other driver drunk. This is the type of lawsuit that is available in every state. While of course a jury is sure to be much more sympathetic to the innocent victim of a drunk driving accident, you would still have a number of things to prove in order to win compensation.

For the most part, in a third-party dram shop case, the plaintiff has to establish that the bar was negligent; usually speaking, this means that the bartender still gave a patron drinks even when it was obvious or should have been obvious that the patron was inebriated.

There are several ways to prove negligence. One of them is that a server did not card someone before selling alcohol (in the case of a minor who was in a DUI accident). You may also be able to prove that a bartender still served a person drinks even after they were clearly drunk. If a bar gives out drinks after they are closed, this could also establish negligence. A bar could also be liable if a patron was served such a large beverage that it was highly probable that the patron would get drunk.

Here is what a bar could offer as defenses against negligence: that the servers completed an official server education training, that the bar promotes the idea of patrons not getting drunk, that the bar highlights nonalcoholic drinks, and that the bar asks patrons to call a taxi if they are drunk.

Some states have a cap on compensation that can be awarded from this type of lawsuit. This limit is set at $250,000 in some places. It is also vital to note that dram shop cases have a shorter statute of limitations, sometimes a limit of 60 days in which to give a bar notice that you will file a claim against them. Then there is an additional statute of limitations for actually filing the lawsuit. Talk to a personal injury lawyer to understand the deadline in your state for a dram shop case.

As state laws affect every step of this process, down to the type of evidence you can present, it would be of invaluable benefit to work with a legal expert every step of the way. Learn how you may be able to win the compensation to which you are entitled when you contact a personal injury attorney today!