Getting hit by a drunk driver turns your life upside down. You’re dealing with injuries, piling medical bills, and lost wages while the person who caused the crash faces criminal charges. But what about the bar that kept pouring drinks when the driver was already stumbling? You might be able to hold them accountable too.
New York’s Dram Shop Law Explained
New York has a law for this. It’s called the Dram Shop Act, found in General Obligations Law § 11-101. The law lets injury victims sue bars, restaurants, and other places that sell alcohol under certain conditions. It doesn’t apply every time a drunk driver hurts someone. There are specific requirements. The establishment must have served alcohol to someone who was “visibly intoxicated” and that person later caused your injuries. Visibly is the critical word here. The bar needed to know, or should have known, the person was already drunk when they kept serving them.
What Counts As Visibly Intoxicated
You’ll need evidence to prove visible intoxication. Bartenders and servers get trained to spot the signs:
- Slurred speech or trouble forming sentences
- Bloodshot or glassy eyes
- Stumbling, swaying, or balance issues
- Aggressive behavior or unusual mood swings
- Heavy smell of alcohol
Security camera footage from the bar can make or break your case. Witness testimony matters too. Did other patrons notice? What about staff members who saw the person before they left?
Building Your Case Against The Establishment
A Brooklyn DUI accident lawyer won’t just go after the driver. They’ll investigate the vendor who served them. This means requesting receipts, pulling credit card records, and getting surveillance footage to show how much alcohol was served and how fast. Timing tells the story. If the bar served four shots in twenty minutes to someone already slurring their words, that’s negligence. Staff testimony can reveal whether employees noticed the warning signs but looked the other way anyway.
Why Sue The Bar Instead Of Just The Driver
Most drunk drivers don’t have enough insurance to cover serious injuries. Even when they’re insured, policy limits rarely cover catastrophic harm like traumatic brain injuries or permanent disabilities. Bars carry commercial liability insurance with much higher limits. That means you’ve got a better shot at full recovery for medical expenses, lost income, and everything else you’ve been through. There’s another reason. Holding establishments accountable sends a message about responsible alcohol service. It might prevent the next tragedy.
Challenges In Dram Shop Cases
These cases aren’t easy. Bars will fight back hard. They’ll claim the patron seemed fine when they left. They’ll say their staff served responsibly. Sometimes they’ll argue the person got drunk somewhere else after leaving their establishment. You’ve got to prove causation. The bar’s negligent service directly contributed to the accident. The defense might try shifting all the blame to the driver. They might even suggest you share some fault for the collision. Evidence disappears fast. Surveillance footage gets recorded over within weeks. Witnesses forget details. Staff members quit and become hard to track down months later. A Brooklyn DUI accident lawyer can handle the investigation, gather proof of visible intoxication, and build a case that gets you maximum recovery.
Time Limits For Filing Claims
New York’s statute of limitations gives you three years from the accident date to file a personal injury lawsuit against the establishment. Three years sounds like forever, but it’s not. Starting your case early preserves evidence and puts you in a stronger position. The criminal case against the drunk driver can drag on for months or years. You don’t have to wait for that to finish before pursuing your civil claim against the bar.
Getting Legal Help After A DUI Accident
If you’ve been injured by a drunk driver, The Edelsteins, Faegenburg, & Blyakher LLP can investigate every possible source of compensation. That includes looking into whether the driver was overserved at a bar, restaurant, or other establishment before getting behind the wheel. Don’t let insurance companies minimize what happened to you. Don’t let bars dodge responsibility. Get someone fighting for the compensation you actually deserve.