$2,050,000.000 - Drunk Driving Accident, Bars Responsible

Missouri wrongful death settlement against a drunk driver and the two bars he drank alcohol at before the deadly drunk driving car accident.

Owen & Harrison v. Cory Thompson, Causbies Sports Bar, and Buffalo Wild Wings, Cape Girardeau County Missouri, 16CG-00125.  Total Settlement before trial = $2,050,000.00.

The drunk driver clearly caused a wrongful death truck crash. The difficult part was proving that the two bars that the driver was at before the crash were responsible for the deaths.

Under Missouri personal injury law, a bar or restaurant is responsible for injury or death caused by a drunk driver that leaves their bar. The law requires that the plaintiff shows the bar or restaurant served the drunk driver while they were  was “visibly intoxicated”. Visible intoxication can be shown in many ways. Generally, toxicologists can estimate the blood-alcohol content at the time the drunk driver was served at the bar based on a blood-alcohol content measured hours later. Additionally, video, employees of the bar, patrons, and other witnesses can help shed light on the level of intoxication of the drunk driver when they were serve alcohol at the bar or restaurant.

These types of cases require expert legal analysis and thorough investigation into the bar or restaurants policies, procedures, and training of employees regarding serving alcohol to patrons. Moreover, computer systems that often track patron orders and video monitoring systems must be examined quickly before the digital evidence is destroyed.

Bottom line, if you or a family member have suffered an injury as a result of a drunk driver it is very possible that the bar restaurant that helped that driver become a drunk driver is responsible as well.

Contact us for a free consultation. 314 863-0500.

When a drunk driver causes an accident, most people think only the driver can be held responsible. However, bars and restaurants that serve alcohol may also face legal responsibility for accidents caused by their customers. This concept is known as dram shop liability, and it allows accident victims to seek compensation from establishments that overserved alcohol to drivers who later caused crashes.

Many states have laws that hold bars accountable when they continue serving alcohol to people who are clearly intoxicated. These laws recognize that bars have a duty to monitor their customers and stop serving alcohol when someone has had too much to drink. Understanding these legal options can be important for victims of drunk driving accidents, especially when the driver lacks insurance or money to pay for damages.

Key Takeaways

• Bars can be held legally responsible for drunk driving accidents when they overserve intoxicated customers
• Victims may receive significant compensation from establishments that failed to follow proper alcohol service laws
• Many states have dram shop laws that create legal responsibility for bars in drunk driving cases

Common Questions About Bar-Related Drunk Driving Incidents

What actions should someone take right after a drunk driving crash?

The first priority involves ensuring everyone’s safety and getting medical help. Drivers should call 911 immediately to report the accident and request emergency services.

Moving vehicles out of traffic lanes prevents additional crashes. Drivers should turn on hazard lights and set up flares if available.

Essential steps include:

• Taking photos of vehicle damage and the scene
• Getting contact information from all drivers involved
• Collecting witness names and phone numbers
• Avoiding statements about fault or blame
• Refusing to sign documents except those required by police

The intoxicated driver should remain at the scene until police arrive. Leaving the scene creates additional criminal charges beyond the DUI offense.

How do authorities decide who caused an alcohol-related traffic accident?

Police officers investigate the crash scene and interview all parties involved. They examine physical evidence like skid marks, vehicle positions, and damage patterns.

Blood alcohol tests play a major role in fault determination. Drivers with BAC levels above the legal limit face automatic fault assumptions in most states.

Key factors in fault determination:

• Traffic law violations
• Witness testimony
• Vehicle damage analysis
• Road conditions at the time
• Driver statements to police

Insurance companies conduct separate investigations using police reports and their own adjusters. They may reach different conclusions than law enforcement about fault percentages.

What legal penalties can drunk drivers face after causing crashes?

Criminal charges depend on the severity of injuries and property damage. First-time offenders typically face misdemeanor DUI charges with fines and license suspension.

Accidents involving serious injuries or deaths result in felony charges. These carry prison sentences ranging from several years to decades.

Civil lawsuits allow victims to seek money damages separate from criminal cases. These can result in financial judgments worth hundreds of thousands of dollars.

Can passengers face legal responsibility in drunk driving accidents?

Passengers generally do not face criminal charges for riding with intoxicated drivers. However, certain situations create potential liability.

Adults who allow clearly drunk individuals to drive their vehicles may face civil lawsuits. This applies when passengers own the car or provide keys to intoxicated drivers.

Exceptions where passengers might face consequences:

• Encouraging or demanding the drunk person to drive
• Providing alcohol to minors who then drive
• Owning the vehicle and failing to prevent drunk driving
• Contributing to dangerous driving behavior during the trip

Social host liability laws in some states make party hosts responsible for guest actions. This applies when hosts serve alcohol and allow guests to drive home intoxicated.

What options do victims have for obtaining compensation after drunk driving crashes?

Victims can file insurance claims against the drunk driver’s auto policy. Most states require minimum liability coverage that pays for injuries and property damage.

Civil lawsuits provide another avenue for compensation when insurance limits prove inadequate. These cases often result in higher payouts than insurance settlements.

Types of compensation available:

• Medical expenses and rehabilitation costs
• Lost wages and reduced earning capacity
• Pain and suffering damages
• Property damage repair or replacement
• Punitive damages in severe cases

Dram shop laws allow victims to sue bars that overserved the drunk driver. These establishments may have substantial insurance policies to cover accident claims.

Uninsured motorist coverage helps when drunk drivers lack adequate insurance. This coverage pays victims through their own insurance policies.

How does drunk driving impact insurance coverage after accidents?

Insurance companies investigate all claims involving alcohol to determine coverage obligations. They review police reports and BAC test results during this process.

Most policies cover liability claims even when policyholders drive drunk. However, insurers often cancel policies after DUI accidents and raise future premium costs significantly.

Insurance impacts include:

• Automatic premium increases of 50-100%
• Policy cancellation after claim processing
• Difficulty obtaining new coverage
• Requirements for SR-22 high-risk insurance filings

First-party coverage like collision and comprehensive may have exclusions for drunk driving. Some insurers refuse to pay for the drunk driver’s vehicle repairs.

Victims’ insurance companies often pursue subrogation against drunk drivers. This means they seek reimbursement for payments made to their own policyholders.