Being injured by a drunk driver is a horrific experience. What makes it even worse is when the drunk driver was overserved alcohol by a bar, restaurant or liquor store prior to causing the crash. If you or a loved one has been injured by an intoxicated driver in Temecula or surrounding cities like Murrieta, Menifee, Lake Elsinore, or Wildomar, you may have a case against the establishment that served the drunk driver.
Zucker Personal Injury & Accident Lawyers has over 25 years of experience holding drunk drivers and overserving establishments accountable in personal injury and wrongful death lawsuits. We have recovered millions of dollars for clients injured by drunk drivers. Call (951) 699-2100 for a free consultation with our top-rated Temecula drunk driving accident attorneys. Let us review your case at no cost.
Overview of Dram Shop Laws in California
Can a bar or restaurant be held responsible if they overserved a drunk driver? This can be answered by what’s commonly called a “dram shop” law. “Dram shops” historically referred to establishments that sold alcohol. Today, dram shop laws assign liability to businesses that overserve alcohol to a customer who then causes an accident.
Dram shop laws vary by state. In California, the dram shop liability of establishments is very limited. State law generally protects bars, restaurants, and similar establishments from liability if their drunk patron later causes an accident, but there are two exceptions.
First, a licensed alcohol establishment can be liable if they knowingly served an obviously drunk minor under 21 who later was in a DUI accident. (The legal drinking age in California is 21, not 18.)
Another exception is that if an adult provides alcohol in their home to someone under 21, that adult can be liable if the underage person drives drunk and causes an accident. This is sometimes called a “social host” law, distinguishing it from dram shop law which concerns licensed establishments selling alcohol.
In summary, liability can sometimes extend beyond the drunk driver to the person or business that furnished alcohol, if they served a minor who was obviously intoxicated. So if either exception applies in your case, you may be able to seek compensation from whoever provided the underage person with alcohol.
Talk to us at Zucker Personal Injury & Accident Lawyers. To successfully bring a lawsuit against a Temecula area bar for overserving a drunk driver, our attorneys will need to establish several key elements:
- The bar or restaurant sold or served alcohol to a customer
- That customer was obviously intoxicated
- The establishment knew or should have known the customer was already impaired
- That customer later got behind the wheel drunk and caused a crash
- The crash resulted in injuries or wrongful death.
If we can prove these elements, the bar, restaurant, or liquor store can be ordered to pay significant compensation to the injured victims and their families.
Examples of Liable Establishments in Temecula Drunk Driving Crashes
There are many bars, restaurants, nightclubs and liquor stores in Temecula that could potentially be held responsible for overserving drunk drivers that later cause crashes, including but not limited to:
- Bars: Slick’s Bar & Grill, The Public House, Cork|Fire Kitchen, Penny’s Bar, The Corner Pocket Bar & Grill, Crush & Brew, Gambling Cowboy Chophouse & Saloon, Mad Madeline’s Grill, My Office Sports Bar & Grill
- Restaurants: Chili’s, BJ’s Restaurant & Brewhouse, Yard House, Buffalo Wild Wings, Lazy Dog Restaurant & Bar, Red Robin, Applebee’s, Islands Fine Burgers & Drinks
- Nightclubs: The Vault, Stillwater Spirits & Sounds
- Liquor stores: BevMo, Total Wine & More, Albertsons, Stater Bros.
If any of these establishments or others sold alcohol to a customer who was clearly extremely drunk, and that customer later caused a DUI crash, we can help you recover damages by filing a lawsuit against the business.
Warning Signs of Visible Intoxication in California
Bars, restaurants and stores that sell alcohol need to be extremely careful about overserving customers. According to California law, if a customer is displaying clear visible signs of intoxication, the establishment has a legal duty to stop serving that person alcohol. Here are some examples of visible signs of intoxication:
- Slurred speech
- Stumbling or inability to walk properly
- Aggressive or unusual behavior
- Loud talking or inappropriate comments
- Sleepiness, head nodding or dozing off
- Bloodshot or glassy eyes
- Strong smell of alcohol on breath.
Staff of establishments that serve alcohol are trained to spot these signs. If they continue serving more drinks to someone displaying these types of clear indicators of impairment, they can be liable for any damage that person causes by driving drunk.
At the law firm of Zucker Personal Injury, our Temecula drunk driving accident lawyers will thoroughly investigate the actions of the bar or restaurant leading up to the crash. We will determine exactly what was served, examine receipts, interview witnesses, and review video surveillance footage if available. If there is clear evidence they overserved a visibly intoxicated customer, we will aggressively pursue the establishment for maximum compensation for your injuries and losses.
Proving Overserving & Intoxication in Temecula
It can be challenging to prove that a bar or liquor store overserved alcohol to an already drunk customer who later caused an accident. However, an experienced Temecula drunk driving accident lawyer from Zucker Personal Injury will know exactly how to build a strong case by:
- Obtaining surveillance video – Many establishments have security cameras inside and outside their building. The footage could show visible signs of intoxication as the drunk driver is served.
- Interviewing eyewitnesses – Bartenders, servers, other customers may have observed concerning behavior before more drinks were served.
- Reviewing receipts – Itemized tabs and credit card receipts can prove just how much alcohol was consumed.
- Analyzing blood alcohol content – High BAC levels can show extreme impairment when driving occurred.
- Using expert testimony – Toxicologists can provide opinions on visible signs of drunkenness based on blood alcohol percentages.
With over 40 jury trial victories, the Zucker Personal Injury firm has extensive experience proving drunk driving liability in even the most complex overserving lawsuits. We build airtight cases by gathering every piece of convincing evidence available.
Compensation Available in DUI Overserving Lawsuits
If you or a loved one has been injured by a drunk driver who was overserved at a Temecula area bar or liquor store, you may be entitled to significant financial compensation, including:
- Past and future medical expenses
- Lost income
- Diminished earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Punitive damages in egregious cases.
If the crash resulted in a wrongful death, compensation can also be pursued for funeral costs, loss of companionship, and other damages. With millions in damages and compensation recovered for clients, Zucker Personal Injury & Accident Lawyers has a proven track record of success in drunk driving injury claims. We will fight relentlessly to help you secure maximum compensation.
Call Zucker Personal Injury for Your Temecula Overserving Claim
If you or someone you love has been harmed by a drunk driver in Temecula, Murrieta, Menifee or anywhere in Riverside County or San Diego County, call Zucker Personal Injury & Accident Lawyers. We have the skills, experience and resources to help. Here is why we are the right choice:
- Over 25 years handling DUI crashes – Our founder Andrew Zucker has been taking on drunk drivers since 1997. We know how to win.
- 40+ jury trial victories – Unlike many firms, we are not afraid to take a strong case to trial if the insurance company does not offer full value.
- Rated Best Personal Injury Lawyers – Expertise.com rated us Best Personal Injury Lawyers for client results and professionalism.
- Millions recovered for clients – We have helped injury victims secure record setting verdicts and settlements statewide.
- Free consultations and no fees unless we win – There is no risk to discuss your case with our attorneys. We only get paid if you receive compensation.
To get started on your potential claim against a bar, restaurant or liquor store that overserved a drunk driver in Temecula, call Zucker Personal Injury & Accident Lawyers today at (951) 699-2100 for a free case evaluation. Let our award-winning accident attorneys help you recover damages from your drunk-driving accident.
