Car Accident Lawyer: When A Bar Becomes Liable For Drunk Driving

Drunk driving is one of the most dangerous and preventable causes of accidents on the road. While the driver is responsible for their actions, there are situations where a bar, restaurant, or establishment that served alcohol may also be held legally accountable for the harm caused by an intoxicated customer.

These cases typically fall under dram shop liability laws, which exist to prevent over-service and ensure that alcohol providers act responsibly. Understanding when a bar or restaurant becomes liable for a drunk driving accident is essential for victims seeking justice and for businesses aiming to follow the law. As our Bel Air, MD car accident lawyer can explain, that is difficult to do in Maryland because the state does not really recognize dram shop liability.

What Is Dram Shop Liability?

Dram shop laws hold bars, restaurants, nightclubs, liquor stores, and other alcohol-serving establishments accountable if they over-serve a patron who then causes harm to others. These laws are designed to prevent reckless alcohol service and encourage responsible business practices.

While the specifics of dram shop laws vary by state, most follow similar basic principles:

Serving Alcohol to an Obviously Intoxicated Person – If a bar or restaurant serves someone who is clearly impaired, slurring their words, stumbling, or showing signs of intoxication, they may be liable if that person later causes a drunk driving accident.

Serving Alcohol to a Minor – Selling alcohol to underage individuals is illegal, and if an establishment serves alcohol to someone under the legal drinking age, they may be held responsible if that minor later causes an accident or injury.

Encouraging Excessive Drinking – In some cases, bars and restaurants that promote heavy drinking, such as through unlimited drink specials or failing to monitor consumption, may also be at fault for creating a dangerous situation.

When Can A Bar Or Restaurant Be Held Responsible?

While not every drunk driving case leads to a lawsuit against a bar or restaurant, there are certain key situations where liability is more likely and where you can take control of your case.

1. The Establishment Continued Serving A Clearly Drunk Patron

If a bartender or server ignores clear signs of intoxication and continues serving alcohol to someone who is visibly impaired, they may be held partially responsible for any damages that person causes.

Example: A man is slurring his speech and struggling to stand, but the bartender continues serving him drinks. He then gets into his car, drives away, and causes a crash that injures another driver. The injured driver may have a claim against the bar for overserving him.

2. An Underage Drinker Was Served Alcohol

Selling alcohol to minors is illegal in all states. If a bar, club, or liquor store provides alcohol to an underage individual who later causes an accident, the victims of that accident may be able to hold the establishment liable.

Example: A bartender fails to check an ID and serves alcohol to a 17-year-old. That teenager then drives home and hits a pedestrian, causing serious injuries. The bar may be held responsible for providing alcohol to a minor.

3. The Business Encouraged Heavy Drinking

Some bars and nightclubs promote excessive drinking through unlimited drink specials, drinking contests, or negligent service practices. If a business creates an environment where overconsumption is encouraged, they could be liable for accidents caused by their intoxicated patrons.

Example: A bar hosts a “bottomless beer night,” where customers can drink as much as they want for a set price. The staff does not monitor consumption, and a heavily intoxicated patron leaves and causes a fatal car crash. The bar could be sued for creating a reckless drinking environment.

Why Dram Shop Liability Matters

Dram shop laws exist to protect the public and hold businesses accountable for irresponsible alcohol service. These laws:

Encourage Responsible Serving Practices – Bartenders and servers are trained to cut off intoxicated patrons and prevent overconsumption.

Help Victims Seek Compensation – Those injured by a drunk driver may be able to recover damages from both the driver and the establishment that overserved them.

Reduce Drunk Driving Incidents – By holding businesses accountable, dram shop laws act as a deterrent, making establishments more cautious about serving intoxicated patrons.

What To Do If You’ve Been Injured By A Drunk Driver

If you or a loved one has been hurt in an accident caused by a drunk driver, it’s important to:

• Seek medical attention immediately for any injuries.
• Gather evidence, including police reports, witness statements, and receipts from the bar or restaurant where the driver was drinking.
• Contact car accident attorney who understands dram shop liability and can help determine if a bar or restaurant may also be responsible for the accident.
• Holding Businesses Accountable For Irresponsible Alcohol Service

Drunk driving accidents are preventable, and businesses that profit from selling alcohol must do so responsibly. While the driver is always responsible for their decision to drink and drive, bars and restaurants that ignore clear signs of intoxication, serve underage drinkers, or promote dangerous drinking habits should also be held accountable.

Contact the Car Accident Lawyer at KBA Attorneys

If you or a loved one has been injured in a drunk driving accident someone caused after being over served alcohol at a bar or restaurant, KBA Attorneys can help you hold the establishment accountable under dram shop laws. A KBA car accident lawyer will also help you deal with insurance companies after a car accident.

Proving these cases can be challenging, but we have an experienced legal team that knows how to investigate bar liability, gather witness statements, surveillance footage, and transaction records, and build a strong case to seek compensation for your injuries, medical bills, lost wages, and emotional distress. Businesses that profit from alcohol sales must act responsibly — and when they fail, we fight to hold them accountable. Contact KBA Attorneys today for a free consultation with a car accident lawyer to discuss your case and explore your legal options.

Dram shop laws exist to protect victims and prevent reckless alcohol service—because no one should have to suffer due to the negligence of a business that puts profit over safety. Contact Ketterer, Browne & Associates, LLC today.