Can bars and restaurants be sued for drunk drivers in North Carolina?
Drunk driving is on a slight increase in North Carolina over the last few years. According to the North Carolina Division of Motor Vehicles (DMV) Crash Data Facts Report for 2017, there were 11,342 drunk driving crashes across the state in 2017. Drunk driving fatalities account for 26.4% of all traffic fatalities. In many cases, the driver becomes intoxicated while being over-served at bars or restaurants. In those cases, North Carolina law allows parties injured by drunk drivers to sue the bars or restaurants for their damages. These cases are called “dram shop” cases.
In dram shop cases, the injured party must prove that the bar/restaurant sold alcohol to a person that they knew or should have known was intoxicated, and that this intoxicated person then caused an accident that killed or injured the party making the claim. In many of these cases, the most debated issue is whether the bartender or server knew or should have known that the intoxicated person was intoxicated at the time of service. If the bartender or server denies knowingly serving alcohol to an intoxicated person, the injured party must establish the fact with some or all of the following evidence:
Eye witness testimony from other patrons. The challenge with this testimony is many of these witnesses were also drinking, so their testimony can often be challenged.
Surveillance video. Security or surveillance video often makes or breaks a dram shop case. In some cases videos from smart phones is also useful. The key is securing these videos before they are inadvertently lost or destroyed.
Expert testimony. In some cases, the expert testimony of a forensic toxicologist can establish the blood alcohol content of the intoxicated person at the time they were served in order to prove that they would have been exhibiting noticeable signs of intoxication during the time they were served alcohol by the bar or restaurant.
Assuming the injured party can establish that the bar or restaurant knowingly sold alcohol to an intoxicated person, the bar/restaurant will be legally responsible to pay for all related medical bills, pain and suffering, scarring/disfigurement, and possibly punitive damages.
If you have questions about dram shop cases in North Carolina, please feel free to contact us.
This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.
