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The Dram Shop Act – How Will It Affect Your Drunk Driving Accident Claim

Operating a vehicle or any machinery for that matter requires that you be sober and alert at all times due to the numerous factors that play a role in your safety and the safety of other road users. You will require sustained attention, quick reaction times, keen observational skills and other cognitive capacities in order to move from point A to B as you drive. Unfortunately, some individuals get behind the wheel even after consuming alcohol, believing that these rules do not apply to them, or that they can drive a vehicle safely even while drunk. Drunk driving is one of the major killers on our roads due to the slowed reaction times, poor decision thinking and speeding that inebriated drivers find themselves partaking in, and it’s because of this that almost every state has stringent laws surrounding drunk driving, which may carry severe consequences such as driving license suspension or even imprisonment, to name a few.

That said, there is a lot of controversy regarding who should be held liable for such occurrences, with many laymen believing that the driver of the vehicle which caused the accident should take full responsibility. However, the law isn’t as cut and dry as it may seem to the average American, and thanks to the Dram Shop Act, it is also possible to hold bar and restaurant owners responsible for the actions of a patron they overserved when it came to alcohol, thereby partly contributing to the accident. Given the complexity around these cases as well as unethical and aggressive tactics used by the insurance company to minimize or even deny your claim, it is vital that you work behind a legal team that understands the nuances as well as the true value of your drunk driver injury lawsuit, and we’re here to help you with this and so much more.

Are you looking for a best drunk driver injury attorney? Please call the Law Offices of McCready Law TODAY at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced drunk driver injury lawyers at McCready Law bring to the table over 90 YEARS of legal experience we’d love to put to work on your case so we can get you a favorable outcome through litigation. Over the decades, we’ve helped tens of thousands of injured Americans from all walks of life, and recovered over $260 million in the process. The McCready Law difference lies in the fact that we are not afraid to litigate viable cases as this is the only way with which we can recover maximum compensation as decreed by the law. In contrast, most law firms simply choose to engage the insurance company in settlement negotiations which usually end up in the plaintiff recovering paltry amounts which is more often than not sufficient to take care of medical and other pending bills. In addition to having nationwide reach thanks to our network of referral accident attorneys and law firms, we also run a bilingual firm (hablamos Espanol), and we take on all cases on contingency fee basis which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you suffered injuries in an auto accident brought on by a drunk driver, please give us a call NOW at (314) 481-63338 for your 100% FREE legal consultation – our intake team is standing by.

How Does the Dram Shop Act Work?

The Dram Shop Act is a law which is prevalent in most states which holds any establishment serving alcohol for any injuries caused by inebriated patrons. This law was passed to prevent irresponsible alcohol service in the interest of public safety. The reality is that inebriated individuals often do not know they are drunk and may ask for more alcohol; it is the duty of these establishments not to serve these individuals so they do not become a danger to others and themselves. In addition, the Act acts as a deterrent for restaurants and bars as a case brought forth alleging that they overserved a particular patron may see these establishment pay hundreds of thousands if not millions in damages. In addition, the Act helps provide a compensation pathway for victims of drunk drivers, particularly because the insurance company usually doesn’t cover certain damages or the policy has specific limits.

Some of the entities which can be held liable under the Dram Shop Act include:

  1. Restaurants that serve alcohol together with food
  2. Lounges and clubs which serve alcohol
  3. Pubs and bars for obvious reasons
  4. Retailers that sell alcohol for off-premises consumption

Requirements for the Dram Shop Act in Drunk Driving Injury Claims

There are certain factors which must be present in order to invoke the Dram Shop Act in most states. For starters, the patron must have been clearly intoxicated at the time they were provided with more alcohol. Then, the establishment must have knowingly overserved them, and there must be a provable link between the patron’s inebriation or the accident or injury you sustained. Because evidence plays a major role in these types of cases, ensure that you collect witness statements, ask for any receipts and print our credit card statements showing the amount of alcohol the individual consumed, work with us so we can obtain a court order to recover video surveillance from the establishment proving that the individual was indeed highly intoxicated, and retrieve police reports from the scene of the accident.

Best Drunk Driving Accident Attorneys – Call Us Today!

Proving drunk driving accidents and consequent injuries is not as easy as this post may make it out to be; there are multiple moving parts which must work in concert in order to have a valid claim. If you were injured by a drunk driver, don’t go it alone, and do not speak with the insurance company. Call us FIRST on (314) 481-63338 so we can assess your potential claim as well as preserve your ability to file a lawsuit. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.