When a drunk driver causes a harmful car accident in Pennsylvania, the reckless driver can be held accountable for the damage. Under state law, however, another possibility for securing financial compensation can also exist: holding the dram shop, or alcohol vendor, responsible for unlawfully serving the drunk driver.
What Is Pennsylvania’s Dram Shop Law?
Dram shop laws exist in most states to hold licensed alcohol vendors responsible when their actions contribute to injuries caused by intoxicated individuals. In the aftermath of a drunk driving car accident, for example, a vendor that falls within the parameters of the state’s dram shop law can be found liable, or legally and financially responsible, for the crash.
In Pennsylvania, 47 P.S. § 4-493.1 imposes dram shop liability if a licensed alcohol vendor:
- Furnishes (sells or serves) alcohol to a person who is visibly intoxicated.
- Furnishes alcohol to a minor (a person under the legal drinking age of 21).
“Visible intoxication” can refer to many outward signs of alcohol impairment, such as bloodshot eyes, slurred speech, difficulty walking and behavioral changes. If a reasonable vendor would have stopped serving the individual, the alcohol vendor in question could be held liable for contributing to a drunk driver’s actions.
How to Prove Dram Shop Liability for a Drunk Driving Accident
To establish that a dram shop is liable for a drunk driving accident, the injured victim (plaintiff) must prove using evidence that the bar, restaurant, liquor store or other alcohol vendor unlawfully furnished alcohol to someone already visibly intoxicated or underage. In addition, there must be proof that the drunk driving crash was an outcome of this infraction.
The required elements of proof are that the defendant named in the lawsuit was a licensed alcohol vendor at the time of the alleged violation, that at least one of the illegal acts was committed, and that the patron’s alcohol consumption thanks to the vendor contributed to the drunk driving accident.
Injury lawyers in Pittsburgh explain that evidence available to support this type of claim can include the drunk driver’s blood alcohol concentration (BAC) level, breathalyzer test results, the driver’s alcohol purchase receipts, a police report or arrest record, statements from witnesses, video footage of the intoxicated person at the bar or establishment, and drunk driving expert testimony.
Pennsylvania’s Rule for Social Hosts
Pennsylvania’s dram shop law can also apply to social hosts in certain situations. If the host of a party or private gathering knowingly permits minors to drink alcohol on the property or serves an underage individual, this can make the host legally responsible for accidents and injuries caused by the intoxicated minor.
Don’t Settle Until You’ve Consulted an Attorney
Recovering fair financial compensation for a drunk driving crash in Pennsylvania may involve filing a claim against an alcohol vendor or social host for their role in the accident. Discuss this possibility with a knowledgeable Pittsburgh car crash attorney before accepting a fast settlement from an insurance provider.
Utilizing Pennsylvania’s dram shop liability law could provide you with multiple sources of insurance coverage to help you pay for related damage. This can maximize your settlement if you know how to negotiate and handle your claim effectively. Fully protect your rights by contacting a drunk driving accident attorney for more information.