Drunk Driving Car Accident Attorneys
Accidents caused by drunk drivers seem very straightforward. Someone drinks until they are impaired, makes the irresponsible decision to get into their car, and causes an accident due to their inebriation. The liability seems to fall squarely on them, as it was their decisions that led to your injury. Sometimes, that is the entire claim. Other times though, there are additional claims that you can bring in. In Minnesota, we have dram shop or liquor liability laws that can place some liability on the establishment serving the at-fault driver.
If you have been injured due to the actions of a drunk driver, call or text our dram shop lawyers at 612-INJURED at (612) 465-8733. We will hold the drunk driver responsible for your injuries and investigate whether the serving establishment had a role in your accident, ensuring you are fairly compensated for your accident.
It does not have to be a car accident.
A dram shop claim is not restricted to car accidents. If you were injured by a drunk individual that was overserved by an establishment serving liquor, you might have a claim. For example, if an inebriated patron stumbles into you while walking up the steps into a restaurant, knocks you down, and leaves you injured, you could have a claim against them and the restaurant.
Drunk Driving Accidents
In 2020, Minnesota had 79 deaths related to drunk driving. This is a clear illustration of the severity of the problem. In Minnesota, a blood alcohol content of .08 or higher is an illegal level for driving. The average BAC for those involved in an auto accidents in Minnesota is almost double that at .15.
If you have been injured in a drunk driving accident, the statute of limitations is two years. It is important to be aware of this if you are looking for compensation, though if you have been injured in a drunk driving accident, it is best to file your claim as soon as possible. This is particularly true if you have an accompanying dram shop liability claim, as timeliness is important when investigating these.
In the case where a loved one was killed in an accident with a drunk driver, you might be able to file a wrongful death claim. This is a civil claim where eligible family can seek reimbursement for their loss. The wrongful death lawyers at 612-INJURED have the necessary experience with these claims and can help you get the settlement you deserve.
What are Minnesota dram shop laws?
The term “dram” is taken from an old English unit of alcohol served. Thus, dram shops became a moniker for establishments selling and distributing alcoholic drinks, where customers consume them on the premises. Bars, restaurants, and nightclubs are common examples of dram shops.
In Minnesota, a dram shop law affects licensed alcohol vendors, holding them responsible for injuries and damages caused by an intoxicated person in cases where they illegally sold alcohol to them. If a bar or restaurant sells drinks to someone who is already clearly intoxicated or a minor and they get into an accident which causes an injury, the serving establishment could share in the liability of that personal injury.
When are businesses liable?
Businesses can be liable when they either continue to serve someone obviously intoxicated or minors. A minor, in regard to alcohol consumption in Minnesota, is anyone under 21. Where it gets more complicated is determining if someone was clearly intoxicated.
There are several signs of intoxication. These include slurred speech, crying, glassy eyes, stumbling, spilling drinks, rambling, loud and boisterous speech, difficulty finding their mouths with a drink, and inappropriate comments. Most can all be categorically broken down into lowered inhibitions, impaired motor function, and poor judgment. It is the responsibility of the bartenders and servers to observe patrons and stop serving them if they demonstrate these or related behaviors. It is also the bars responsibility to train their staff to watch for signs of drunkenness and how to handle a drunk patron.
If a drunk patron continues to be served when they are visibly drunk, a business can find themselves partially liable if that person injures another. If you suspect that an establishment might partially be at fault for your injury, it is important to contact a dram shop lawyer immediately. These matters are timely, and an investigation would need to be initiated quickly.
Social Host Liability
Social host liability happens when a minor is served alcohol in someone’s home or premises controlled by someone in the majority or has given or sold alcohol for consumption. The party providing alcohol to minors or allowing its consumption must be 21 years old or older. If a minor then injures someone due to intoxication from these circumstances, the injured could file a claim against the responsible adult.
Investigating a dram shop claim is a complicated process.
Evidence needs to be gathered after the accident to support your case. Eyewitness testimony needs to be taken to corroborate your story. Timeliness is important with witnesses, as they will better recall the events if it is soon after the accident. Receipts can be used to demonstrate that the at-fault party was there and how much they had to drink. Video footage can help establish both presence and condition.
Why You Need a Minnesota Dram Shop Attorney
The complexity of a dram shop or liquor liability claim necessitates an experienced Minnesota dram shop attorney. The lawyers at 612-INJURED understand the investigation process. Our attorneys will gather the necessary information in a timely manner to build a case that will get you the compensation you deserve.
Our attorneys also understand how to work with insurance companies. An insurance company will push a settlement that is less than what you are entitled. Their first interest is making money, not you. You need an experienced dram shop lawyer to deal with the insurance companies on your behalf, so that you will not have to settle for less than what your accident dictates.
Why Choose Us
At 612-INJURED, our attorneys understand the investigative process involved in dram shop liability claims. We will quickly investigate your claim to determine if your injury from a drunk driver necessitates a dram shop liability claim against the establishment serving the at-fault driver. If you have been injured by an inebriated person, whether on the road or elsewhere, call or text 612-INJURED at (612) 465-8733.
Proving Dram Shop Liability
In order for you to be able to seek compensation from a dram shop, a Minnesota dram shop attorney must find the evidence and prove it in settlement talks or a court of law. It must also be proven that illegally serving alcoholic beverages was responsible for the injuries that you sustained. As simple as this may seem, it is not always so. For instance, just asking a bartender is not enough because a bartender serves a large number of people. He or she is not going to remember whether or not a person was extremely intoxicated. Other witnesses may not remember either and as time goes on their memories are going to deteriorate.
Compensation For Car Accidents
Once the evidence is in, your dram shop lawyer in Minnesota can seek the compensation you deserve. Yes, insurance companies may offer you a settlement, but it is rare that the insurance companies are going to offer you what is owed to you. You see, the actual offender may not have insurance or means of paying your medical expenses and other losses, but dram shop laws require dram shops to have insurance. The laws also allow victims the right to hold the dram shop liable.
You can receive compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Other losses
- Collisions
- Punitive damages in a civil suit
There are many areas of the law that can be touched to help you receive as much compensation as possible for your injuries.
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