Common Questions About Drunk Driving & Dram Shop Claims
A drunk driving accident can leave victims with serious injuries and difficult questions. The driver may face criminal consequences, but an injured person or surviving family may also have questions about pursuing compensation through a civil claim.
One of the most important questions is whether the driver is the only potentially responsible party. In some circumstances, Utah law allows injured people to pursue claims involving an establishment that served alcohol to an apparently intoxicated person.
In our latest video, Eric S. Olson answers common questions about drunk driving accidents, alcohol-serving establishments, and Utah dram shop claims.
Can I Sue Someone Besides the Drunk Driver After an Accident?
Potentially. The driver who caused the collision may be responsible for the injuries and losses resulting from impaired driving, but the circumstances surrounding the driver's intoxication may also warrant investigating other parties.
For example, if a bar or restaurant continued serving alcohol to a person who was apparently under the influence and that person subsequently caused a crash, Utah's dram shop law may provide a basis for a separate claim against the establishment.
The important point is that these are potentially separate claims. Pursuing a claim against an alcohol-serving establishment does not eliminate the claim against the driver.
What Is a Dram Shop Claim in Utah?
A dram shop claim is a civil claim involving an alcohol-serving establishment whose conduct contributed to an injury or death caused by an intoxicated patron.
Utah's Alcoholic Product Liability Act establishes circumstances under which a licensed establishment may be held responsible. Among other things, the law addresses situations in which alcohol is served to someone who was apparently under the influence or when the establishment knew or should have known from the circumstances that the person was under the influence.
The specific facts matter. Simply having a drink at a bar before causing an accident does not automatically make the establishment liable.
How Can You Prove That a Bar Over-Served Someone?
This is often an evidence-intensive question because the focus is not necessarily just on how much alcohol the person ultimately consumed. The circumstances surrounding the service can be important.
Evidence may include:
- Surveillance footage. Video may show the patron's physical condition, behavior, interactions with employees, and continued alcohol service.
- Receipts & transaction records. These can help establish what was purchased and when.
- Employee testimony. Servers or managers may have information about the patron's condition and conduct.
- Witness statements. Other customers may have observed signs of intoxication or interactions inside the establishment.
- Blood alcohol evidence. Testing after the crash may help establish the driver's level of impairment, although it does not by itself prove what the establishment knew.
- Police records. Reports and officer observations can provide additional information about the driver's condition after the collision.
The evidence should be considered as a whole when evaluating whether the establishment may be liable.
Does a Bar Have to Know Someone Is Drunk Before It Can Be Liable?
Utah law looks at whether the person was apparently under the influence and whether the establishment knew or should have known from the circumstances that the person was under the influence.
That makes observable circumstances important.
A server does not necessarily know a patron's exact blood alcohol concentration. What may matter is what could reasonably be observed at the time alcohol continued to be served.
Behavior, coordination, speech, appearance, interactions with employees, and the progression of the person's condition may all become relevant to investigating a dram shop claim.
What If the Driver Was Already Drunk Before Entering the Bar?
That does not necessarily end the analysis.
An establishment may not know what a patron consumed before arriving. However, if the person displays apparent signs of intoxication while at the establishment and continues to receive alcohol, those circumstances may warrant investigation.
The question becomes what happened inside the establishment and what employees could reasonably observe.
This is one reason surveillance footage, transaction records, witness accounts, and employee testimony can be so important.
Can I Still Sue the Driver If I Also Have a Dram Shop Claim?
Yes. A potential dram shop claim against an establishment does not replace a claim against the intoxicated driver.
The driver's conduct remains an important part of the case. The civil claim against the driver may involve compensation for medical expenses, lost income, pain and suffering, and other legally recognized losses.
A separate claim against an alcohol-serving establishment depends on whether the facts satisfy Utah's dram shop requirements.
Does a DUI Conviction Automatically Prove My Personal Injury Case?
No.
A DUI arrest or conviction can provide important evidence concerning the driver's conduct, but a civil injury claim involves its own legal questions. The injured person still needs to establish the elements of the applicable civil claim and the losses resulting from the collision.
There can also be a separate inquiry into whether an alcohol-serving establishment contributed to the circumstances leading to the crash.
The criminal case and civil case serve different purposes. Criminal penalties may include fines, license consequences, or incarceration. A civil claim is intended to address the harm suffered by the victim.
What Evidence Should Be Preserved After a Drunk Driving Accident?
Evidence can become harder to obtain as time passes. Some information may also be routinely deleted or overwritten.
For a potential dram shop claim, particularly important evidence may include:
- Bar surveillance video. Businesses may routinely overwrite recordings after a limited period.
- Receipts & point-of-sale records. These can document alcohol purchases and timing.
- Employee schedules. Identifying which servers and managers were working can help determine who may have witnessed the patron's condition.
- Witness information. Customers and other individuals at the establishment may have firsthand observations.
- Police & crash records. These can document the collision, investigation, and the driver's condition.
- Medical & blood alcohol records. These may provide evidence concerning the driver's impairment and resulting injuries.
Prompt investigation can be particularly important when video evidence may no longer be available later.
What Happens If the Drunk Driver Caused a Catastrophic Injury?
A drunk driving collision can result in traumatic brain injuries, spinal cord injuries, paralysis, permanent orthopedic injuries, and other life-changing conditions.
When an injury is catastrophic, the financial consequences may extend well beyond the initial emergency treatment. Someone may require continuing medical care, rehabilitation, assistive equipment, home modifications, or significant changes to their ability to work.
A civil claim may address both immediate and longer-term losses when supported by the facts and applicable law.
When a drunk driving accident results in death, eligible family members may also have a wrongful death claim.
Can a Bar Be Responsible for a Wrongful Death Caused by a Drunk Driver?
Potentially. The same dram shop principles that can apply to serious personal injuries can become relevant when an intoxicated patron causes a fatal collision.
A wrongful death investigation may therefore need to look at more than the driver's conduct.
It may examine how the driver became intoxicated, where alcohol was consumed, what an establishment's employees observed, what alcohol was served, and whether the circumstances satisfy Utah's requirements for an alcohol-related civil claim.
Are Dram Shop Claims Subject to a Different Deadline?
Yes. This is an important distinction.
Under Utah Code § 32B-15-301(3), a dram shop claim is subject to a two-year statute of limitations. That deadline can differ from the deadline applicable to a personal injury claim against the driver.
That means someone who was seriously injured in a drunk driving crash should not assume that the deadline for pursuing every potentially responsible party is the same.
The earlier a potential dram shop claim is identified, the more opportunity there may be to investigate and preserve evidence relevant to the alcohol service.
Can Punitive Damages Apply in a Drunk Driving Case?
Potentially. Punitive damages are separate from compensation for losses such as medical expenses or lost income and are intended to punish particularly serious misconduct and deter similar conduct.
The facts surrounding an intoxicated driver's decision to operate a vehicle may be relevant to a punitive damages claim. Whether punitive damages are available depends on the specific circumstances and applicable law.
Claims involving alcohol-serving establishments involve their own statutory framework, including limitations that may differ from claims against the driver.
Why Does It Matter Whether the Bar Is Investigated?
The circumstances inside the establishment can become an important part of the overall accident investigation.
If no one looks beyond the driver's conduct, evidence concerning the alcohol service may never be collected. Surveillance footage may be overwritten. Employees may become difficult to identify. Witnesses may forget what they observed.
Investigating the establishment can help answer a different set of questions:
- Who served the driver?
- What was the driver's condition?
- How much alcohol was served?
- Over what period?
- What did employees observe?
- Did the driver arrive drunk and receive more drinks?
Those answers can determine whether there is a basis for pursuing a dram shop claim in addition to the claim against the driver.
What Should I Do If I Was Injured by a Drunk Driver?
After a serious collision, your immediate priority should be obtaining appropriate medical care and following the instructions of your medical providers.
If an alcohol-serving establishment may have contributed to the driver's intoxication, it can also be important to identify that possibility quickly.
Potential steps include:
- Preserve what you have. Keep photographs, medical records, correspondence, crash information, and other documents related to the accident.
- Identify where the driver was drinking. If you know the establishment involved, provide that information to your attorney.
- Avoid assuming the driver is the only defendant. The circumstances leading to the intoxication may warrant additional investigation.
- Seek legal advice promptly. Dram shop claims have specific requirements and a two-year statutory deadline under Utah law.
The sooner the circumstances can be investigated, the more opportunities there may be to locate evidence that could otherwise disappear.
Getting Answers After a Drunk Driving Accident
A drunk driving accident raises more questions than simply who was behind the wheel. In some cases, the investigation needs to extend to the people and businesses whose conduct contributed to the driver's intoxication.
Cutt, Kendell & Olson handles serious personal injury, catastrophic injury, and wrongful death matters involving impaired drivers and potential liquor liability. A careful investigation can help determine whether an alcohol-serving establishment may also be legally responsible under Utah law.
Recently, we secured a $2,510,000 settlement in a drunk driving and alcohol service case, holding the responsible parties accountable for the serious harm caused by impaired driving. Let us work for you.
If you or a family member was harmed by a drunk driver, call (801) 901-3470 or contact us online to discuss the circumstances of the accident and your potential claims.