The term dram shop dates back to the 18th century and refers to a pub or any establishment that sells alcoholic beverages. Under Alabama’s dram shop laws, if another person’s drunkenness injured you, such as in a car crash, you have the right to receive compensation from the inebriated person or establishment that overserved them. The intoxicated person who causes a car wreck can also be charged with a crime under the state’s DUI laws.
If a drunk driver caused your injuries, our Montgomery dram shop lawyer could negotiate an insurance settlement or file a personal injury lawsuit in civil court. Dwayne L. Brown has more than 31 years of experience representing personal injury clients. We offer complimentary consultations and only collect fees if we win your case. Connect with our car collision attorney today for help.
To meet the standards of a dram shop claim, the alcohol service must be contrary to the provisions of the law. Alabama Code § 6-5-71 makes it illegal to provide, serve, or sell alcohol in certain circumstances. If a seller or server provides alcohol to a person who is under 21 or is a visibly intoxicated adult, the seller or server could be liable if the drunk person injures you. While a car wreck is an obvious way an inebriated person could injure you, other negligent acts, such as assaulting you in a bar fight, could be a catalyst for enforcing dram shop laws.
Additionally, social hosts can be held responsible if they provide intoxicants to minors. If parents were to provide alcohol for their teen child’s party and a teen guest then crashed into you on their way home, the parents could be liable for your losses, even if the minor did not show visible signs of intoxication.
Given the complexities of dram shop laws, speaking with our attorney could help you build the strongest case possible in Montgomery to secure you suitable compensation. We could use our knowledge of the legal process to empower you to make confident decisions about your claim.
You bear the burden of proof in your dram shop case. A tavern’s security camera footage, eyewitness testimony from other bar patrons, and police reports, including field sobriety and chemical tests after a car accident, can help support your claim. As witnesses can forget the incident and evidence can disappear, you may want to speak to our Montgomery attorney as soon as possible after an accident that falls under dram shop laws.
Establishments serving alcohol must follow the rules set by the state’s Alcoholic Beverage Control Board, which includes training employees to check patrons’ ID cards and not overserve adults. Some signs of inebriation that bartenders and servers look for, and that can be used as evidence, include:
In addition to helping you gather evidence for your claim, Dwayne L. Brown could help you understand what losses state law allows you to recover. Our team could further support you as you navigate this process by providing you with the direct contact information of your assigned paralegal and our attorney.
You risk your physical, emotional, and financial well-being when you encounter a drunk driver. Your personal injuries can include financial costs, such as your medical bills and lost wages, and subjective damages, such as your recurring pain, emotional trauma, and loss of enjoyment of life. Our Montgomery dram shop lawyer could help you secure the compensation you deserve. Call our team at The Law Office of Dwayne L. Brown today to schedule a consultation.