New Year’s Eve is a time of celebration, but it also presents a significant risk on the roads. Drunk driving accidents tend to spike during this time as people ring in the new year with alcohol, often leading to serious accidents. If you’ve been involved in a drunk driving crash in Missouri, you might wonder if the state’s Dram Shop Law could play a role in your claim. The law holds establishments accountable for serving alcohol to visibly intoxicated individuals or minors who later cause harm. If the driver who caused your accident was over-served at a bar, restaurant, or similar venue, Missouri’s Dram Shop Law may provide an additional avenue for pursuing compensation.
The law is complex, and navigating a claim requires a clear understanding of the rules and how they apply to your specific case. If you have been in an accident caused by a drunk driver, seeking professional legal help can make all the difference. With the attorneys of Goza & Honnold, you can explore all potential avenues for securing the compensation you deserve, including whether a third-party establishment might be partially responsible for the accident.
Understanding Dram Shop Liability
Under Missouri’s Dram Shop Law, businesses that serve alcohol may be held liable for accidents caused by intoxicated or underage patrons. For an establishment to be held responsible, the server must have knowingly served alcohol to someone who was visibly intoxicated or under the legal drinking age. This principle exists because bars and restaurants are expected to follow regulations regarding alcohol service and prevent unsafe behavior. If you were injured in a crash caused by a driver who was drunk and had been served alcohol at a bar or restaurant, the establishment might share some responsibility.
It’s important to understand Missouri’s Dram Shop Law does not automatically hold a business liable simply because a patron drank alcohol there. For a claim to be successful, it must be proven the server violated the law by over-serving someone who was clearly intoxicated. Evidence can include surveillance footage, testimonies from witnesses or staff, and the severity of the driver’s intoxication at the time of the crash. If these elements are established, it opens the door for potential claims against the business, in addition to the drunk driver’s insurance.
Dram Shop Law and the Role of Insurance
The role of insurance in Dram Shop cases can add another layer of complexity. While the drunk driver’s insurance will generally be the primary source of compensation, if the responsible bar or restaurant is found liable, its insurance policy may also come into play. This can provide additional resources for covering medical expenses, property damage, lost wages, and other losses you’ve suffered. However, insurance companies may be reluctant to pay out on these claims, making it essential to have strong evidence and legal representation to challenge their stance.
In Missouri, insurance claims involving Dram Shop Law can be difficult to navigate without the proper legal expertise. Some establishments may try to argue they weren’t negligent or that the driver’s actions were not directly tied to the alcohol they served. Working with an experienced attorney allows you to push back against these arguments, ensuring all responsible parties are held accountable. By involving both the drunk driver’s and the establishment’s insurance, you improve your chances of securing the compensation you need to move forward.
The Challenges in Proving Dram Shop Liability
Proving a Dram Shop case involves several challenges, including demonstrating the business was negligent in serving alcohol to the intoxicated driver. Missouri law requires clear evidence the person was visibly drunk at the time they were served, which can sometimes be difficult to obtain. Establishing this typically requires detailed documentation, such as witness statements, expert testimony, or video surveillance from the bar or restaurant. If you were involved in a crash and there were no witnesses to the server’s actions, it may be harder to prove the business over-served the driver.
Furthermore, businesses are often quick to defend themselves against Dram Shop claims, pointing out that they followed all alcohol-serving regulations. In these cases, the burden of proof falls on the injured party to show the establishment acted negligently. This can include presenting evidence of the driver’s behavior, the amount of alcohol consumed, and the events leading up to the crash. Although the challenge is significant, an experienced lawyer can help you gather the right evidence and present a strong case.
How a Lawyer Can Help
If you’ve been injured in a drunk driving accident and suspect the Dram Shop Law may apply, working with an attorney can help you understand your rights and strengthen your case. A lawyer can investigate the circumstances of the accident, including the role of any establishments that may have over-served the driver. With their knowledge of Missouri law and experience with similar cases, they can guide you through the process of holding the responsible parties accountable, whether it’s the intoxicated driver, a negligent business, or both.
A lawyer can also help you with navigating the complexities of insurance claims, including dealing with multiple insurers. By leveraging their legal expertise, they can negotiate with both the driver’s insurance and the establishment’s insurance to ensure you receive fair compensation for your injuries and losses. This could include medical expenses, property damage, lost wages, and other damages that stem from the accident.
Why Work With Goza & Honnold?
If you’ve been hurt in a drunk driving accident, especially one where a third-party establishment may be involved, it’s crucial to have experienced legal representation by your side. The Attorneys of Goza & Honnold understand the challenges involved in pursuing these types of claims and can help you navigate the legal process with confidence. Our team will work diligently to investigate all aspects of your case, ensuring every potential source of compensation is explored.
Working with a private law firm offers advantages that can significantly impact the outcome of your claim. We take the time to understand your situation and are committed to fighting for the compensation you deserve. When dealing with complex cases like those involving Dram Shop Law, our personalized approach and experience can make a world of difference. If you need help understanding your options and pursuing justice after an accident, contact us today at (913) 451-3433 or through our contact form.