Yes, in certain circumstances. Missouri law permits victims of a drunk driving accident or the family of a wrongful death victim to sue an establishment that served alcohol to the intoxicated driver. To win the case, you need to prove by “clear and convincing evidence” that the establishment knew or should have known that it was serving alcohol to an individual under 21, or who was “visibly intoxicated.” How do you prove by “clear and convincing” evidence that the bartender knew or should have known the drunk driver was “visibly intoxicated“? A toxicologist can provide expert testimony. Also, lay witnesses who observed the driver in the bar prior to getting behind the wheel could provide eyewitness testimony about the patron’s physical condition, such as balance, motor skills and slurred speech.