If you are injured in an accident with a drunk driver, pursuing compensation could be challenging. Some intoxicated drivers have assets and good insurance, but many are young and have minimal coverage.
A Tempe dram shop lawyer at Phillips Law Group could help you identify others who might be responsible. The law makes bars and restaurants liable for injuries their customers inflict in some cases. Attorneys at our firm have been representing injured people in this community and helping them obtain fair compensation in challenging cases for decades.
Damages in Drunk Driving Cases
When a drunk driver is involved in a crash, they are usually at fault because driving while intoxicated is illegal and negligent. When the drunk driver injures you, you are entitled to recoup all your losses from the negligent party.
You can claim the financial losses and expenses you incurred because of your injury. These include incidental expenses, medical costs, and lost income. You can also claim compensation for your diminished quality of life due to physical pain, emotional distress, scarring, or disability.
Insurance companies pay the liabilities of their insured drivers up to the driver’s coverage limits. Unfortunately, if the negligent driver has low coverage limits and few assets, you may need to look elsewhere to obtain adequate compensation. Our Tempe attorneys will thoroughly investigate the circumstances of the crash to identify as many potentially responsible parties as possible, including businesses that might be liable under the dram shop act.
Understanding the Dram Shop Act
Dram shop laws make businesses that profit from alcohol sales liable when a drunk customer causes injuries to others because of their intoxication. Arizona Statute §4-311 describes when a business might be liable for its customer’s conduct.
It says that a business or organization with a liquor license can be liable for injuries an intoxicated person causes if it sold alcohol to someone underage or visibly intoxicated. The law usually does not apply to social hosts unless an adult host serves alcohol to someone they know or should have known is underage.
The insurance companies for businesses and organizations often defend dram shop claims vigorously. It is essential to work with a Tempe attorney with experience pursuing dram shop claims.
How Can You Prove a Licensed Establishment’s Liability?
A successful dram shop claim requires proof of several elements: the person purchased alcohol from the defendant, they consumed the alcohol, they were either visibly intoxicated or underage, and their intoxication caused the plaintiff’s injuries.
Proving liability when the intoxicated driver was underage is usually straightforward as long as there is proof the driver bought the alcohol from the defendant. If the driver was of legal age, defendants sometimes assert that the driver was not so intoxicated that it was noticeable. Signs of intoxication that an employee serving alcohol should notice include:
- Slurred speech
- Glassy or red eyes
- Redness in the face
- Clumsiness
- Difficulty walking
Belligerence or aggression can also be indicators of intoxication that servers should notice.
An attorney investigating an incident in Tempe could subpoena surveillance footage from the establishment and interview workers and other customers who were present. When this evidence indicates that the customer’s drunkenness should have been evident, the business may be liable for injuries the customer caused in a drunk driving accident.
Work With an Experienced Tempe Attorney If You Have a Dram Shop Claim
When alcohol is a factor in a crash, potential dram shop liability is always worth exploring. The dedicated Tempe dram shop lawyers at Phillips Law Group work to identify all the parties who might be liable for your injuries. Schedule a free consultation to discuss your situation with one of our team members today.
(602) 222-2222 
