When Bar Owners Are Not Liable
Most of the time, accidents ensue because of alcohol intoxication. Pedestrians, cars and even property get run over by drunk drivers which result to serious injuries and even death. If you happened to be a victim, your personal injury lawyer may run after the drunk driver and the bar owner who caused the driver to get overly intoxicated. However, bar owners may only be liable if they sold alcoholic drinks to evidently intoxicated drivers or sold the same beverages to minors. Your lawyer must prove that the bar sold alcoholic beverage to a person even if that person can barely stand anymore. Cases like these could be very difficult because it is hard to distinguish an overly intoxicated person inside a bar. Usually, alcohol takes effect a few minutes or even hours after it is consumed. This is why some lawyers fail to establish the state of intoxication of the negligent individual and consequently, fail to run after the bar owners as well.
It is your duty to prove that the negligent person was visibly intoxicated so you will be able to run after bar owners too. To go about this, return to the bar and check out if they have security cameras installed and request to have the recordings for the day or night be reviewed. If you think that the CCTV recording have already been tampered with, look for security cameras on parking lots, intersections and other establishments near or across the bar and look for possible clues regarding the behavior of the drunk driver. Moreover, as a plaintiff, you will be asked about the condition of the driver. You have to be careful and honest about how you describe the intoxicated driver to prevent the case from turning against you. You must provide information regarding the way the drunk driver talked, walked and acted to establish a picture or a scene of your assertions.
You may also try to remember if anybody who was with you the night before the accident has talked to the drunk driver and has actually seen him being sold alcoholic beverage. Contact that person and ask if he or she could give a statement to help you with your case. You must also prove that the drunk driver was incapable of physically and mentally making decisions that require him to be careful and to act appropriately to give you grounds to run after the bar owner or employee. This would be very difficult especially if you, the victim, were not able to substantiate that the driver indeed acted and looked like he was already overly intoxicated at the bar. Proving your opinion of his intoxication is already difficult as it is, in addition, proving that he was sold alcohol while he already visibly looked intoxicated is another thing.
If the court rules in your favor, you will more likely be compensated only by the driver who caused you to be physically injured. In this case, the same rules concerning negligence will work in your favor, if you were able to prove that the drunk driver is negligent, if you were not also partly negligent and that you sustained significant injuries and were able to provide evidences to substantiate your wounds, you will be entitled to compensation. However, only the driver will be liable to compensate you. The bar owner or any employee who sold beverage to the driver will not be liable because there is no sufficient evidence that may involve them in the case.
Seomul Evans is a SEO consultant and copywriter for East Texas car Accident lawyers Visit the website to learn more about we handle Car Accidents.
Seomul Evans is a SEO consultant and copywriter for East Texas Personal Injury Lawyers. Visit the website to learn more about we handle Car Accidents
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Author Bio: Seomul Evans is a SEO consultant and copywriter for East Texas car Accident lawyers Visit the website to learn more about we handle Car Accidents.
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