If you are injured in a motor vehicle collision involving a drunk driver, you may have claims against parties other than the drunk driver. While the intoxicated driver is directly responsible for the accident, accountability for your injuries may extend beyond the driver. If the drunk driver became intoxicated at a local bar or restaurant, that establishment may share the legal blame for the damages you suffered. To pursue this type of case, you need an experienced South Carolina Liquor Liability Lawyer.
Proving that a bar is liable under dram shop liability requires specific evidence showing the business’s negligence. You must be able to demonstrate that the establishment violated state laws by continuing to serve the drunk driver. This involves gathering evidence from the accident scene, witness accounts from the bar, and toxicology reports.
Understanding Overserving and Dram Shop Liability
Dram shop liability is a legal concept that holds establishments like bars, restaurants, or liquor stores responsible for injuries caused by customers to whom they illegally served alcohol.
The core of a dram shop liability claim is proving that the bar or restaurant was negligent by overserving alcohol to a person they know or should know is already intoxicated. State laws require employees to stop serving a patron once the patron shows clear signs of intoxication.
When a server ignores those signs and continues to provide alcohol to an intoxicated person, the establishment may share fault for the resulting drunk driving accident and the injuries that follow.
Common Signs the Bar Overserved the Drunk Driver
Bar staff are trained to look for clear signs of intoxication. When a bartender ignores these signs and serves another drink to an intoxicated person, it demonstrates negligence. Signs of intoxication that may have been ignored include:
- Slurred speech
- Stumbling, swaying, or difficulty maintaining balance
- Spilling drinks or poor coordination
- Loud, aggressive, or argumentative behavior
Key Evidence to Prove the Driver Was Overserved
Gathering the right evidence in a dram shop case helps establish that the bar or restaurant knew or should have known that the driver was too drunk to be served.
1. Witness Testimony
Statements from people who were at the bar, such as other patrons, staff, or people who saw the driver leave the establishment, can describe the driver’s condition before the crash. Witnesses may testify about the driver’s slurred speech, stumbling, or aggressive behavior.
2. Security Camera Footage
If available, video from the bar can show the driver being served drinks and their state of intoxication inside the premises. This visual proof can directly contradict a bar’s claim that the patron did not look drunk.
3. Credit Card Statements and Receipts
These financial documents can show how many drinks the driver purchased, how much they spent on alcohol, and the time frame in which the serving occurred. A receipt showing a large number of drinks over a short period suggests a bartender ignored signs of rapid intoxication.
4. Bar Tabs and Sales Records
If the establishment kept a running tab for the driver, that record provides a detailed account of the volume and type of alcohol served to them. These internal sales records are often key to building a timeline of consumption.
Using Toxicology and BAC Evidence
A toxicologist can examine the driver’s blood alcohol level (BAC) and the time of the crash. Using this data, they can estimate what the driver’s BAC was at the exact time they were served their last drink at the bar. If this estimated BAC was very high when the drink was served, it becomes clear that the driver must have been showing obvious signs of impairment.
A jury can then infer that the bartender was negligent by continuing to serve someone who was visibly drunk. This links the BAC evidence directly to the bar’s failure to follow responsible serving practices.
Linking the Bar or Restaurant to the Drunk Driver
To win a dram shop liability claim, you must show a direct link between the bar’s overserving alcohol to an intoxicated person and the accident.
First, you need to confirm that the driver was served at the specific bar or restaurant right before the crash. This means showing they left the establishment and then caused an accident while intoxicated.
Second, you must prove that the bar’s overserving of the visibly intoxicated person was a direct cause of the collision. This is known as “proximate cause.” The argument is that the bar failed to follow the law by continuing to serve alcohol, which made the driver too drunk to drive safely, and that negligence led directly to your injuries. The goal is to prove that without the bar’s illegal service, the accident may not have happened.
Steps to Take After Being Injured by an Overserved Driver
If you are injured by an overserved drunk driver, taking the following steps right away can protect your claim:
- Get Medical Help: Your health is the first priority. Seek medical attention immediately.
- Contact Police: Ensure a police report is filed and that the officer notes signs of intoxication.
- Gather Information: Note the name of any bar or restaurant that the driver mentions coming from. Ask witnesses what they heard the driver say about where they had been drinking.
- Preserve Evidence: Do not agree to an immediate settlement with any insurance company. Contact a lawyer before you speak to them.
How a South Carolina Liquor Liability Lawyer Can Help
Proving a claim against a bar under dram shop liability is complex. A South Carolina liquor liability lawyer can help by:
Conducting an Investigation
A lawyer will immediately begin a thorough investigation to identify all liable parties and preserve evidence from the bar before it is lost or destroyed.
Applying Legal and Medical Knowledge
They work with forensic toxicologists to perform a “retrograde extrapolation,” using the drunk driver’s BAC to estimate their level of intoxication while they were still being served at the bar.
Identifying Additional Sources of Compensation
In South Carolina, a business licensed to serve alcohol must carry substantial liquor liability insurance. By holding the bar accountable, your lawyer seeks access to this policy, which can provide full compensation for your medical bills, lost wages, and pain and suffering.
Investigating Negligence
Your lawyer can look into the bar’s internal operations, including staff training records, to show that the bartenders either knew the law and ignored it, or were improperly trained to recognize a visibly intoxicated person.
Representing You
They handle all communications and negotiations with the bar’s insurance company and defense attorneys, protecting you from settling for less than your case is worth.
Contact Our South Carolina Liquor Liability Lawyers
If you have been injured by a drunk driver who was overserved in South Carolina, you need an experienced lawyer who understands the complexities of dram shop liability. Contact the lawyers at David R. Price, Jr., P.A. at 864-271-2636 to request a consultation to discuss your case and understand your rights.