Charlotte Injury Lawyers Blog
Can I Sue a Nightclub After an Accident With a Drunk Driver?
An accident with an impaired driver can result in serious injuries. In many cases, the negligent driver is responsible for the accident. But what about the bar or nightclub that overserved the driver? Many people wonder whether the club or restaurant where the driver was served alcohol could be held liable for an accident that occurred. In some cases, it may be possible to file a claim against an establishment if it indeed overserved a DUI driver.
North Carolina Dram Shop Laws
A dram shop is an old-fashioned term for a bar or nightclub and applies to any establishment that serves alcoholic beverages. North Carolina has a dram shop law in place that allows dram shops to be held liable for overserving an intoxicated patron, under some conditions. North Carolina General Statute Chapter 18B, Article 12 pertains to businesses that have licenses to sell alcohol. According to the law, an injured party may sue a permitted business if it sold alcohol to a person who was visibly intoxicated and who caused an accident due to their impairment.
Proving a Dram Shop Case
In order to be successful in a dram shop claim, you must prove four main elements. First, you must show that the establishment had a license or permit to serve alcohol in the state. Then, you must prove that the bar or store sold or gave alcohol to the DUI driver. Importantly, you will need to show that the driver was visibly intoxicated at the time the dram shop sold or gave them alcohol. Finally, you need to prove that the sale of alcohol caused your injuries. You must establish that selling alcohol to the intoxicated driver resulted in the accident and injuries.
You will need to provide evidence that a business served alcohol to a person who was visibly intoxicated. This may include such things as receipts from the club that show how much alcohol was purchased, surveillance camera videos from inside or outside the bar, witness statements from bartenders, waiters or waitresses, or other patrons, and the details of the driver’s BAC level at the time of the crash. It is important for your attorney to quickly request that the establishment preserve the evidence you need.
Can I File a Claim Against Both the DUI Driver and a Dram Shop?
A person who was hurt in an accident with a driver who was under the influence of alcohol has the right to file a claim against both the driver as well as a dram shop. Both claims may be necessary in order to obtain adequate compensation for your injuries. For example, if a DUI driver was uninsured, a claim against a dram shop may offer better results because the dram shop typically has its own insurance coverage for such claims. Both parties could be responsible at the same time. A business could be liable even if the driver was not convicted of DUI, in some cases.
The law limits the time to file a claim to three years from the date of the occurrence. However, you will want to seek legal guidance as soon as possible in order to preserve and gather the evidence you will need to bring such a claim. These cases can be complex, so you will want to consult with an experienced personal injury attorney today. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our skilled legal team.
Injured because of someone else’s negligence?
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_18b.html
https://www.law.cornell.edu/wex/dram_shop_rule
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