Drunk driving is a crime under state law. That makes it a wrongful act. When drunk driving results in a fatal collision, surviving family members can potentially file a wrongful death lawsuit against the driver at fault for the crash. Their violation of the law may make them liable for the losses caused by the crash.
However, the plaintiffs taking legal action may find that the insurance, assets and income of the responsible party may be insufficient to cover the total lifetime impact of the crash. In such cases, family members may want to take legal action against a bar or restaurant that served the drunk driver before the collision. When is that possible?
Violations of the law can lead to liability
There are numerous California statutes restricting the service of alcohol at a bar or similar establishment. Staff members need to check the state-issued identification of all customers to validate their age. They also need to stop serving those who appear visibly intoxicated.
When employees at a business with a liquor license break the law and a customer causes a crash as a result, the establishment may be liable for the crash under dram shop laws. If surviving family members can show that the drunk driver was physically intoxicated or underage while drinking at a business, they may have the option of taking legal action against the company.
Understanding liquor laws and liability can help those affected by drunk driving car crashes. Drunk drivers are not always the only party responsible for the collisions they cause. Assessing the situation with a legal professional can help grieving loved ones minimize the economic impact of a collision.
