When you are injured due to the negligent actions of another person, it is important to understand that, sometimes, multiple parties can be held liable. For example, if you are injured in a car accident caused by a drunk driver, you may wonder if the establishment that continued to serve alcohol to the negligent party can face liability. Like many states, California has adopted dram shop laws to hold third parties liable for the actions of those they provide alcohol to. However, the laws in California are different from other states, so if this reflects your circumstances, you should keep reading to learn about your legal options. Additionally, you will discover why working with our Irvine car accident lawyers is in your best interest.
Dram shop laws, also called social host laws, refer to the fact that some third-party entities, like bars or clubs, can be held responsible if they continue to serve an obviously intoxicated patron who later causes an accident. Most commonly, this is utilized in car accident cases.
While some states impose strict liability on bars for serving patrons, California is not one of these states. In California, the only time the victim of a drunk driver can sue the establishment that overserved them is if the defendant involved is under the legal drinking age.
As such, if a minor attends a house party hosted by someone’s parents or goes to a bar and is served alcohol before getting in a car and causing an accident that injures someone else, the victim may be able to pursue a claim against the bar or parents who provided the alcohol.
If you are injured by a drunk driver, typically you are only able to hold the driver liable. However, if the intoxicated driver is under 21 and they were served alcohol by a bar, restaurant, club, or homeowner, you may be able to pursue a claim against this third party.
The first thing you should do following an accident in which you believe the negligent party is intoxicated, regardless of their age, is contact the police. Not only are you legally required to report accidents in which injury or damage to the vehicle occurs, but if you have reason to believe they are intoxicated, calling the police allows for a report and arrest to occur.
Regardless of whether or not the driver involved is under 21, connecting with an attorney is critical to fighting for the justice you deserve when you have sustained damages at the hands of a drunk driver. At California Personal Injury Firm, APC, we understand how devastating it can be to sustain injuries due to a drunk driver which is why our team is dedicated to helping victims fight for justice. Contact us today to learn how we may be able to assist you.
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