Drunk driving is illegal, and someone who drinks too much alcohol and then causes an accident can be held liable in civil court for the damages caused by their unlawful behavior. However, another party – namely the bar, restaurant, or other establishment that served too much alcohol to the driver – can also be ordered to pay compensation for the damages caused by the overserved driver.
This is where South Carolina’s dram shop laws are especially relevant to victims. If you were hurt in a drunk driving accident, it’s time to reach out to an experienced DUI defense lawyer at David R. Price, Jr., P.A.
Understanding Bar Liability for Drunk Driving Accidents in South Carolina
South Carolina statutes prohibit selling beer, wine, or liquor to an intoxicated person. This means that a bar, restaurant, or other business that serves alcohol to an intoxicated person can be held liable if that intoxicated person later gets into a drunk driving accident. Courts allow victims to sue these establishments to collect damages that cover losses caused by the wreck.
The goal is also to protect public safety in general by discouraging businesses from profiting by allowing someone to get drunk, get behind the wheel, and then injure innocent people by causing an accident.
Not only can victims themselves sue the business that sold alcohol to an intoxicated person, but the survivors of victims who die in these wrecks can also sue. Family members could pursue what is called a wrongful death claim against the at-fault bar or restaurant.
When Are Bars Liable for Drunk Drivers?
Victims of these wrecks need to understand the specific circumstances under which a bar can be held responsible for drunk driving. The name used for this area of law is dram shop liability.
For the victim (or an eligible surviving family member in a wrongful death lawsuit) to prevail in one of these claims, he or she must prove the following elements:
- The restaurant or bar served alcohol to an intoxicated customer
- The intoxicated customer then caused the drunk driving accident
- The victim suffered damages as a result
Holding Bars Accountable in South Carolina
On one hand, victims need to take legal action against irresponsible bars and restaurants to discourage them from serving too much alcohol to their patrons. But there is another, more practical reason for doing so. A drunk driving victim’s injuries, or the losses incurred by the family of a deceased victim, could be substantial. Medical bills, lost wages, and lost earning capacity only scratch the surface of what could be a significant sum of damages.
While action can be taken against the drunk driver, there are potential roadblocks to being fully compensated by that person. For one, the driver may not have had automobile insurance.
Although the victim can sue the driver personally, it is unlikely that he or she has enough assets to satisfy a judgment. Even if the driver was insured, there are dollar limits to what the policy will pay for.
By working to hold the bar or restaurant liable, another party is brought into the lawsuit. This means someone else may be ordered to pay compensation, thereby making it more likely that the victim will be made whole for the losses he or she suffered. Additionally, from a policy perspective, it is entirely appropriate for communities to spread the losses caused by irresponsible sales of a dangerous product to the business or businesses who profited from the irresponsible sales.
Dram Shop Laws in South Carolina
Under the dram shop laws, there is still a possible defense the bar or restaurant could raise: lack of knowledge of intoxication. In order to hold a bar liable for injuries caused by a drunk driver, the victim or the victim’s family must show that the business in question knowingly sold alcohol to an intoxicated person.
If it is determined the bar served alcohol to someone it knew or should have known was intoxicated, then the establishment can be held to be negligent per se. This means the victim only has to show that the bar violated the law, because the bar’s duty to the injured person is already established by statute. A statutory violation is also evidence of recklessness, which can open the door to punitive damages, a type of compensation that is meant to punish the at-fault party. Punitive damages are not available in every drunk driving case, so let a skilled personal injury attorney assist you in assessing whether you may also be entitled to punitive damages.
Exploring Bar Liability in South Carolina Drunk Driving Cases
Since lack of knowledge can be a defense, the issue of bar liability raises the question of what exactly the bartender or other responsible person knew when the drunk driver was served. In other words, how can the victim prove that the bar knew the customer was drunk? It is highly unlikely the bartender will admit to anything, but the following examples of evidence could prove this element:
- Video surveillance: There may be video footage of the patron, clearly intoxicated, being served more drinks by the bar or restaurant. The footage could be inside the establishment, recorded by another customer, or recorded outside of the business.
- Witness statements: Drunk bar patrons often make a scene or do very little to hide their intoxication. There is a good chance that another customer noticed the patron continuing to drink to the point of excess.
- Receipts and other records: A credit card receipt or some other record might prove just how much alcohol the person drank and possibly in what period. Since enough alcohol will make anybody intoxicated, these records often provide strong evidence that the drunk driver was served too much.
A victim might naturally be concerned that the bar or restaurant in possession of the evidence might try to conceal or destroy it. For this reason, you must contact an experienced Greenville, SC automobile accident attorney as soon as possible, so steps can be taken to obtain or preserve the evidence you need. As part of our representation, our firm:
- Thoroughly investigates the facts and gathers relevant evidence,
- Determines all parties who could be held liable, including bars and restaurants,
- Identifies the insurance policies held by any at-fault parties,
- Explores whether you may also have insurance coverage through your own policy to cover your injuries,
- Negotiates an insurance payout from the at-fault parties’ insurers, and
- Takes your case to court if necessary to recover a full and fair recovery for your injuries.
Contact an Experienced DUI Accident Lawyer
Nobody should have to worry that a drunk driver will crash into them or a loved one, causing serious injury or death. If this has happened to you or your family, then our firm is ready to take into account the responsible parties for what they did, including pursuing dram shop liability where possible. Connect with the attorneys David R. Price, Jr., P.A. today so they can get started fighting for you and your family.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.
