When you’re involved in a car accident with a drunk driver, the driver may not be the only party responsible for the collision. Depending on the circumstances concerning the individual’s intoxication, you may have a claim against the party that served (or overserved) them alcohol.
Drunk driving accidents can be devastating, not only for the victim but for their families as well. If you or a loved one have suffered harm in a collision caused by impaired driving, it’s helpful to understand California’s dram shop laws. These laws can aid in obtaining more compensation for crash-related expenses and losses.
Always begin by consulting a California car accident attorney who handles drunk driving accident claims.
What Does “Dram Shop Liability” Mean?
Dram shop laws help hold establishments liable if they sell someone alcohol to someone who becomes excessively intoxicated and negligently injures someone. Selling alcohol is a major responsibility, and the Dram Shop law bolsters the responsibility of establishments that make profits by selling alcohol.
Almost every state has a dedicated Dram Shop law, except for a select few, including Kansas and Louisiana. Dram shop laws in every state differ greatly. For example, some states hold establishments liable when they over-serve someone who’s visibly intoxicated, regardless of age. In other states, dram shop liability only extends to situations involving minors. In different states, an establishment may only be liable when they serve alcohol to a person with a known addiction.
If you’re hurt in a drunk driving accident, it’s worth speaking to a local car accident attorney to discuss your state’s dram shop law, if one exists. You may have the opportunity to hold the responsible driver liable, as well as the establishment or party that served them alcohol.
Understanding California’s Dram Shop Laws
California does have a specific dram shop law for parties injured by intoxicated individuals. The California Dram Shop law used to be particularly liberal, but in recent years, the law has changed, and strict liability is no longer the standard. Instead, the impaired person, not the business that served them alcohol, is the cause of the injuries inflicted on an individual in a drunk driving accident.
Essentially, it’s not as easy to hold establishments liable as it once was. There is one exception, though: minors.
Minors are not allowed to drink alcohol under any circumstances. Therefore, if a business sells alcohol to a minor, it may be responsible for the injuries and damage the minor causes in an impaired driving collision.
So, for example, if you’re involved in a drunk driving accident with a 30-year-old, you cannot hold the establishment responsible for serving them alcohol. Instead, you must pursue compensation from the impaired individual and their insurance company.
On the other hand, if you’re hurt in a drunk driving accident caused by a 20-year-old, you can potentially hold the bar responsible for serving the minor drinks. In this scenario, you might sue the driver, their insurance company, and the establishment. A car accident lawyer can identify all liable parties.
Social Host Liability
In California, social hosts who serve alcohol to their impaired guests cannot be responsible if one of their guests causes an accident. Nonetheless, a minor exception exists here as well.
Often, minors have parties at home, and parents allow the minors to drink. In this situation, if one of the minors gets behind the wheel of a car and crashes, the parents hosting the party might be responsible.
Liability for Alcohol Service
In California, you cannot hold just any establishment liable for serving alcohol to intoxicated individuals. However, under California Business & Professions Code § 25602.1, lawsuits are allowed against businesses and their employees when the establishment is licensed to serve alcohol, and they provide alcohol to an obviously intoxicated minor.
Why Do Dram Shop Laws Exist?
Dram shop laws help protect individuals injured by an intoxicated person. Injuries from an accident caused by impairment can be severe and require extensive medical care. The state Dram Shop law provides another avenue for victims for victims to pursue the financial recovery they deserve.
Additionally, the California Dram Shop law can aid in deterring establishments and social hosts from serving alcohol to minors. Knowingly violating the law can land businesses and individuals in serious legal trouble.
Drinking and Driving is a Significant Problem
Under the Dram Shop law, you might hold an establishment liable for injuries caused by an intoxicated individual. Most often, injuries are the result of drunk driving accidents.
In every state, driving while under the influence is illegal for anyone of any age. Impaired driving is a substantial issue, as it is the cause of numerous accidents every single year. Across the U.S., about 37 people die in drunk driving accidents daily. In a recent year, over 13,000 individuals died from impaired driving crashes.
Recently, in California alone, the state saw over 120,000 arrests for driving under the influence in one year. That same year, 26.3 percent of total traffic fatalities were related to alcohol consumption. For under-21 deaths, 25.8 percent were due to drunk driving, which was higher than the national average of 23.3 percent.
Drunk driving accidents are entirely preventable, which is partly what makes injuries and fatalities from these collisions so devastating. Even with the rise in popularity of rideshare apps and the ease of accessibility to alternative transportation, impaired driving accidents continue to be a problem throughout the country.
How Alcohol Affects the Body
When someone is sober, they can usually drive safely, as their thoughts, coordination, and physical ability are intact. However, when a person drinks, they are unable to operate in the same way, as alcohol has a significant effect on the body.
Alcohol is a depressant, meaning it slows down activity in the central nervous system. Therefore, alcohol can cause:
- Impaired judgment
- Weakened vision
- Feelings of relaxation, which can result in falling asleep at the wheel
- Reduced reaction times
- Difficulty multitasking
- Minimized vigilance
Even having just “one drink” can alter your bodily functions. Everybody metabolizes alcohol at various rates, and certain types of alcohol impact the body differently. Therefore, it’s never a good idea to get behind the wheel of a car if you’ve been drinking. There’s no excuse to do it, and you’re putting yourself and others at risk when you do.
Impaired Drivers are More Likely to Engage in Risky Driving Behaviors
Drinking also causes drivers to lose their inhibitions while driving. This can contribute to drivers engaging in dangerous driving behaviors, which is often what causes collisions, such as:
- Speeding
- Weaving in and out of lanes
- Tailgating
- Running red lights and stop signs
- Failing to yield
- Unsafe turns and lane changes
The false confidence stemming from impairment can cause drivers to feel they are above the law and driving much better than they actually are. Drunk drivers don’t usually realize the error in their ways until it’s too late.
Drunk Driving Accidents Often Result in Serious, Life-Altering Injuries
The injuries caused by impaired driving collisions are often extensive and catastrophic. This is often due to the high speeds, as the impact of a speeding vehicle is much greater than that of one traveling at a more moderate speed.
Some of the injuries drunk driving victims often sustain include:
- Broken bones: Accident victims often suffer from broken bones, from broken arm and leg bones to fractured bones in the spine and pelvis.
- Brain injuries: A sudden and violent blow to the head, neck, or body can cause trauma to the brain, resulting in injuries like concussions, hemorrhages, and coup contrecoup injuries.
- Spinal cord injuries: Injury to any part of the spinal cord can cause substantial damage, resulting in extreme back pain, weakness, and trouble breathing, among many other things.
- Internal trauma: The inside of the body, including the major organs, can suffer trauma, causing internal bleeding and organ damage.
- Amputation injuries: Some injuries to certain parts of the body are so serious that they cause irreparable harm, which can result in the need for amputation.
- Burns: Car accidents can result in several types of burns, including burns from fires and chemical or friction burns from airbag deployment.
Often, drunk driving accident injuries end in long-term complications, such as permanent brain damage, nerve damage, and disfigurement. In the most serious cases, accident victims succumb to their injuries.
Taking Legal Action Following a Collision Caused by Drunk Driving
Life may never be the same after a drunk driving accident. You can face a long road to recovery, and your body might never fully heal, leaving you with lasting challenges. Your lifestyle and ability to earn a living may also be affected, and your relationships can suffer as a result.
Seeking financial recovery following an impaired driving accident can help alleviate much of the financial burden you’ll experience. While money can’t turn back time and fix everything, it can ensure you can afford your medical treatment and provide compensation for your accident-related losses, whether monetary or non-monetary.
Your path to compensation depends on certain circumstances, like state law and the details of your collision. Additionally, pursuing financial recovery will be different if the victim’s family files a claim rather than the victim themself.
Car Accident Victims
If you’re injured in a drunk driving accident, you can pursue compensation from the at-fault driver’s insurance. In certain collision cases, an insurance claim may be all that’s necessary to obtain sufficient compensation, but that may not be the case for your impaired driving collision. If you cannot acquire fair financial recovery from the insurance company, you may have to file a lawsuit.
California law requires drivers to carry at least minimum auto insurance. However, if the at-fault driver was driving uninsured, you may have to skip straight to filing a personal injury lawsuit.
If the responsible driver is also a minor, California Dram Shop law might come into play. In this case, you may have a valid claim against the minor driver, their insurer, and the party or establishment responsible for serving them alcohol.
Families of Crash Victims
Many drunk driving accidents end in fatalities. If you’ve lost a loved one in an accident caused by an impaired driver, you may have the opportunity to pursue compensation with a wrongful death claim.
A wrongful death lawsuit allows a victim’s family to seek justice and financial recovery for the untimely loss of their loved one. Losing a family member is not only heartbreaking but also costly. Filing a wrongful death claim can help ensure families are taken care of, and death-related costs are covered.
Damages Available for Impaired Driving Accidents
Damages available to you depend on the circumstances of your case. If your case involved California Dram Shop laws, you can pursue compensation from the responsible party or establishment and the at-fault driver. Liable parties will share liability and the financial responsibility.
Generally, you can receive similar damages from your dram shop case and your claim against the responsible driver. Your damages might include:
- Current and future medical expenses related to your accident injuries
- Lost earnings from time off at work
- Diminished or lost earning capacity if your injuries impact your ability to work and the level of income you should have earned in the future
- Property damage
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
The value of your damages depends on numerous factors, including the severity of your injuries, the extent of your financial losses, and whether your injuries will permanently affect your life.
For families filing wrongful death claims, damages can include:
- Funeral and burial costs
- Medical expenses
- Loss of financial support
- Pain and suffering
- Loss of consortium
A car accident attorney can thoroughly review the details of your situation to assign an accurate dollar amount to your case. Having a skilled car accident lawyer handle your case can give you a much better chance of obtaining the fair compensation you deserve.
Discuss Your Dram Shop Case with an Experienced California Car Accident Attorney
If you or a loved one have suffered harm in a drunk driving accident, consult a California car accident lawyer as soon as possible. If, based on the details of your collision, you can hold a third party responsible under Dram Shop laws, your personal injury attorney can do everything necessary to establish their liability and seek appropriate damages.