Georgia’s dram shop laws may give drunk driving accident victims another avenue for pursuing compensation for their medical expenses and other financial losses by allowing them to hold third parties accountable.
If you were recently injured in a car accident involving a drunk driver, you should know how these laws work. They serve to protect public safety, and they allow drunk driving accident victims to seek compensation and a measure of justice following a devastating crash.
For victims and their families, an accident caused by drunk driving can lead to catastrophic consequences. Accident victims may not realize that more than one party may be liable. This is where Georgia’s dram shop laws come in.
What Is Georgia’s Dram Shop Law?
A drunk driver may not be the only individual liable following an accident. The Georgia dram shop liability law gives accident victims the ability to hold certain vendors responsible for serving alcohol to minors and intoxicated individuals when that intoxicated individual goes on to cause an accident.
The state’s dram shop law specifies that any person who willfully, knowingly, or unlawfully sells or offers alcohol to an intoxicated individual or minor while understating the individual will get behind the wheel may be responsible for covering the injuries and financial losses that result from a subsequent accident.
Who Is Subject to Georgia’s Dram Shop Liability Laws?
Georgia dram shop laws apply to specific individuals and establishments. Depending on the situation, this law can impact:
- Bars
- Restaurants
- Night clubs
- Liquor stores
- Grocery stores
- Sporting venues.
For the sake of public safety, these parties can be held responsible for compensating the victims of drunk driving accidents when they provide alcohol to individuals showing visible signs of intoxication. Initially, the law intended to target commercial establishments like bars and restaurants. However, the interpretation and scope of the law have evolved.
Today, Georgia’s dram shop laws may also apply to social hosts. These are individuals who host or work at private events at which alcohol is served to guests. A party host, waiter, or alcohol server could also be liable for compensating accident victims if they intentionally or knowingly serve alcohol to a visibly drunk or intoxicated guest, and the guest goes on to cause an auto accident.
Who Can File a Lawsuit Under Georgia’s Dram Shop Law?
Suppose you are involved in an accident caused by a drunk driver. In that case, you may be able to hold the at-fault driver and the establishment that continued to serve them alcohol responsible for compensating you for your medical expenses and other financial losses. Dram shop laws give drunk driving accident victims the ability to use the Georgia civil legal system to hold bars, restaurants, and social hosts accountable for their reckless actions.
Additionally, Georgia dram shop laws allow family members who lost a loved one due to a drunk driving collision to file a lawsuit on behalf of the deceased individual’s estate to recover compensation.
How Do You Meet the Required Criteria for a Dram Shop Claim?
You must prove specific criteria to establish a successful personal injury claim under Georgia’s dram shop laws. An accident victim needs compelling evidence that demonstrates the following:
- A bar, restaurant, liquor store, retailer, or social host served alcohol to the at-fault individual.
- At the time they served the alcohol, the individual noticed or reasonably should have noticed the at-fault individual was intoxicated.
- The individual who served alcohol to the visibly intoxicated person knew the party would soon be operating a motor vehicle, or they reasonably should have known under the circumstances.
- The at-fault party caused a drunk driving car accident that resulted in injuries and financial losses to another party.
When you pursue a dram shop law claim, your attorney can preserve, gather, and review evidence that shows whether a social host or liquor-serving establishment knowingly served alcohol to a noticeably intoxicated person, including breathe, blood, or urine test results, receipts, and possibly surveillance camera or dash-cam footage.
What Compensation Can You Recover in a Dram Shop Claim?
The value of the compensation you can pursue in a dram shop case depends on the circumstances of the case and the severity of your injuries. An experienced Georgia personal injury attorney can review the specifics of your case and calculate the value of your financial losses. Dollar amounts may vary, but in general, accident victims can seek compensation that includes:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage
- Emotional distress
- Pain and suffering
You should not accept a settlement from the at-fault individual’s insurance company or another party without discussing your case with an attorney. A skilled personal injury attorney can take the time to review your situation, identify all potentially liable parties, and prepare a strategy that seeks to maximize your compensation.
What Is Georgia’s Statute of Limitations for Filing a Drunk Driving Accident Lawsuit?
Dram shop and social liability host cases are considered personal injury cases. Georgia law gives accident victims two years from the accident date to file a personal injury lawsuit seeking compensation for their financial losses. Failing to file a lawsuit within this time frame allows the court to dismiss your lawsuit. So, if you fail to meet the deadline, you could lose out on your day in court. You also lose leverage against the other parties involved.
Following a drunk driving accident, it is always in your best interests to speak with a personal injury attorney as soon as possible. An attorney can immediately begin to collect and preserve vital evidence before it can be lost or destroyed and before witnesses’ memories fade. They can also manage your claim, negotiate for the money you deserve, and pursue a lawsuit if necessary.
Contact a Georgia Car Accident Lawyer
Understanding Georgia’s dram shop laws is essential. With more than 85 years of combined legal experience, the personal injury attorneys at Sherrod & Bernard, P.C., have a long track record of helping individuals pursue justice, including those harmed in drunk driving crashes. You can count on us to aggressively pursue meaningful compensation to cover your medical expenses and other financial losses after a drunk driving collision against the dram shop, social host, or other alcohol provider who may be liable for the harm you have suffered. Contact our office today for a free consultation.
