As driving under the influence of drink and drugs continues to be one of the driving factors behind so many accidents across America, many of us who drive will be in the situation where we oversee a drink-driving accident. To try and prevent drink-driving accidents from even happening, many states have introduced dram shop laws that help the liquor store or bar owners take responsibility for watching their customers and ensuring anyone who’s been drinking in their establishment doesn’t get behind the wheel.
Overseeing a drunk-driving accident as a licensee means you have a direct responsibility to report it and prevent the driver from leaving your premises. Likewise, if you were a fellow customer and noticed someone drinking a lot before trying to get into their vehicle, you are perfectly in the right to report it immediately to the police.
Contact Thompson Law Firm today, or read on to learn more about Arizona law regarding inappropriately served alcohol that led to a drunk-driving accident.
Dram shop liability is a law in place in Arizona and other states that places responsibility on the licensee of a bar, restaurant. or shop to prevent their customers from drinking then driving off. In fact, the dram shop liability law means they may also be held accountable for any accidents that happen if they don’t stop the driver or report them immediately.
In order to encourage a licensee to keep an eye on their customers and their alcohol consumption, the law states they won’t be made liable for damages to anyone they serve alcohol to over the legal drinking age who is injured or whose property is damaged, or even to the survivors of the individual if they do get behind the wheel and tragically die. If a passenger in the vehicle has drunk alcohol with the driver at a bar was later involved in a crash, the passenger’s case would be against the driver as they cannot hold the licensee accountable by statute.
These are vital parts of the law to encourage licensees to oversee their customers’ drinking consumption and ensure drunk-driving accidents are kept to a low level- if non-existent!
Dram shop liability doesn’t extend to Indian reservations or casinos which means that someone who’s injured as the result of a drunk driver who became intoxicated as a result of being served alcohol at a casino doesn’t have a case against the casino because they are operated by the Indian nation on whose land they sit. This immunity extends to employees of the casino who serve alcohol too.
Victims of drunk driving accidents can seek both compensation as well as punitive damages which are meant to punish the wrongdoing for their unlawful behavior. Compensation is often considered as financially compensating someone for injuries resulting from the accident and include:
Punitive damages are additional for victims of DUI and are usually awarded at the jury’s discretion and based on how outrageous they find the wrongdoer’s behavior. If the victim of the drunk driving accident dies as a result of the accident, immediate family members can seek compensation for their loss in what is referred to as a wrongful death lawsuit. In Arizona, the right to pursue a wrongful death lawsuit is granted by statute.
As experienced accident attorneys in Arizona, we’ve worked on plenty of drunk-driving accident cases and have represented a range of clients who are looking for compensation for their accident. In one case we represented the mother of a victim of a drunk-driving accident as her son had died as a result of being a passenger of someone who was drunk. An AYOUB employee was driving while intoxicated, after consuming excessive amounts of alcohol at the event hosted by La Puesta. We filed both a wrongful death and dram shop case and the jury awarded his mother $2.6 million, assessing liability to La Puesta in the amount of $2.1 million, to AYOUB in the amount of $500,000.
Being the victim of a DUI accident is frightening and overwhelming so holding those accountable for your injuries is vital not only for you to get closure and the compensation you need, but also to stop similar behavior from the culprits in the future.
Since the law can be complicated, having an experienced attorney assist you through the legal process is highly beneficial, so why not contact our experienced and compassionate legal team at the Thompson Law Firm today.
Call (480) 634-7480 & Speak To One Of Our AttorneysSubmit your information and we will reach out soon