Hit by a Drunk Driver? Why the Bar May Be Responsible
Feb. 13, 2025
Drunk driving accidents are among the most devastating and preventable incidents on the road. While the focus often falls on the driver who made the decision to operate a vehicle under the influence, there’s another party that may bear some responsibility: the bar or establishment that served the alcohol.
Understanding the legal intricacies surrounding this issue involves exploring dram shop laws, criminal defense law, and the principles of liability. Every year, thousands of lives are affected by the reckless actions of drunk drivers, leaving victims and their families grappling with physical, emotional, and financial hardships.
While criminal charges against the driver are standard, the role of alcohol-serving establishments in contributing to these tragedies is increasingly coming under scrutiny. Holding bars and restaurants accountable can serve as both a means of justice for victims and a deterrent against irresponsible alcohol service.
The Law Office of Aaron Fonseca serves clients in McAllen, Texas. Read on to continue learning about criminal defense law in regard to drunk driving accidents.
What Are Dram Shop Laws?
To begin, we’ll discuss dram shop laws. Dram shop laws hold businesses accountable for serving alcohol to visibly intoxicated individuals or minors who then cause harm to others as a result of their intoxication. These laws vary significantly by state but share the common goal of promoting responsible alcohol service and providing victims with an avenue for recourse.
In states with strict dram shop laws, a bar or restaurant can be held liable if it served alcohol to a patron who was clearly intoxicated, and that patron subsequently caused an accident. The underlying principle is that the establishment’s negligence contributed to the harm suffered by the victim.
Key Elements of Dram Shop Liability
To establish liability under dram shop laws, the plaintiff typically needs to prove the following factors:
Service of alcohol: The establishment served alcohol to the individual in question.
Visible intoxication: The individual was visibly intoxicated at the time of service, which is often determined by witness testimony, video footage, or professional analysis.
Causation: The intoxication directly led to the harmful incident, such as a drunk driving accident.
Harm: The victim suffered injuries or damages as a result of the incident.
Criminal and Civil Implications
Additionally, dram shop cases operate in both civil and criminal contexts. While the injured party can pursue a civil lawsuit against the bar for damages, the establishment may also face criminal penalties for violating state laws on alcohol service.
Civil Liability
From a civil perspective, victims or their families can file lawsuits against the bar or restaurant to recover compensation for the following aspects:
Medical expenses
Lost wages
Pain and suffering
Property damage
These cases often involve significant monetary awards, particularly when the injuries are severe or fatal. Civil claims not only address the financial burden placed on victims but also hold establishments accountable for their role in enabling preventable harm. This accountability aims to deter future negligence by setting a strong precedent for responsible alcohol service.
Criminal Penalties
Bars and restaurants may also face criminal charges for serving alcohol to intoxicated patrons. These charges vary by jurisdiction but can include fines, suspension or revocation of liquor licenses, and, in extreme cases, imprisonment for the owners or managers.
The penalties serve as a reminder to establishments about the severe consequences of failing to adhere to legal standards, reinforcing the importance of prioritizing public safety over profits. Furthermore, criminal convictions can have long-term repercussions, such as reputational damage and increased scrutiny from regulatory authorities.
Evidence in Dram Shop Cases
Furthermore, building a successful dram shop case requires substantial evidence to establish the elements of liability. Key types of evidence include the following:
Surveillance footage: Many bars and restaurants have security cameras that can show the patron’s behavior and level of intoxication.
Receipts and payment records: These can demonstrate how much alcohol was served to the patron and within what time frame.
Witness testimonies: Statements from bartenders, servers, or other patrons can provide insight into the intoxicated individual’s behavior.
Police reports: Law enforcement documentation of the accident and the driver’s blood alcohol content (BAC) can strengthen the connection between the bar’s actions and the harm caused.
Witness opinions: Toxicologists and other professionals may analyze the patron’s BAC to estimate their level of intoxication at the time of service.
Legal Defenses for Bars and Restaurants
While victims of drunk driving accidents may have strong cases against alcohol-serving establishments, bars, and restaurants also have several defenses at their disposal. These include:
Lack of visible intoxication: The establishment may argue that the patron did not exhibit signs of visible intoxication at the time of service.
Intervening causes: The defense might claim that other factors, such as the actions of a third party, contributed to the accident.
Comparative fault: In some jurisdictions, the victim’s actions, such as riding with an intoxicated driver, could reduce the bar’s liability.
Compliance with training standards: Bars may present evidence of compliance with alcohol service training programs, such as TIPS (Training for Intervention Procedures), to demonstrate their commitment to responsible service.
Protecting the Rights of Defendants
From a criminal defense standpoint, representing a bar or restaurant accused of violating dram shop laws involves:
Challenging the evidence: Defense attorneys may scrutinize the plaintiff’s evidence, questioning its accuracy and relevance.
Proving reasonable conduct: Demonstrating that the establishment took reasonable steps to prevent over-service and acted in good faith.
Highlighting procedural errors: Identifying any mistakes in the investigation or handling of evidence by law enforcement or regulatory agencies.
The Broader Impact of Dram Shop Laws
Moreover, dram shop laws are intended to encourage establishments to serve alcohol responsibly, ultimately reducing the prevalence of drunk driving accidents. However, these laws also have broader implications for the following:
Industry practices: Many bars and restaurants implement strict policies and training programs to minimize liability risks.
Public awareness: The existence of dram shop laws underscores the importance of personal responsibility when consuming alcohol.
Legal precedents: High-profile cases often shape future interpretations of dram shop laws and influence legislative changes.
These impacts can be detrimental. An experienced criminal defense lawyer who is familiar with Texas law can help you with your drunk driving accident case.
Notable Cases Involving Dram Shop Liability
Examining real-life cases can provide a valuable look into how dram shop laws are applied in practice. Here are two examples:
Case Study: Ruiz v. Victory Marketing In this case, the plaintiff was injured by a drunk driver who had been served alcohol at a bar despite exhibiting signs of intoxication. The court ruled in favor of the plaintiff, emphasizing the bar’s duty to prevent over-service.
Case Study: Ohlendorf v. Feinstein’s at the Nikko This case involved a fatal drunk driving accident linked to a high-end restaurant. The court examined the restaurant’s training practices and policies, ultimately finding that inadequate training contributed to the tragedy.
These real-life examples show how these criminal defense laws are practically applied.
Reach Out to the Law Office of Aaron Fonseca
For victims of drunk driving accidents, pursuing a claim against an alcohol-serving establishment can provide much-needed compensation and a sense of closure. Adhering to responsible service practices is not just a legal obligation but a moral imperative to protect the community.
We serve clients in Edinburg, Texas; McAllen, Texas; Mission, Texas; and Rio Grande Valley, Texas. Reach out to the Law Office of Aaron Fonseca today for help with your criminal defense case.