Drunk Driving Injuries
If you were injured in a drunk driving accident in Missouri, you might have grounds for a claim not only against the at-fault driver but also against the establishment that sold the alcohol to the driver. These establishments are called “dram shops.”
Pursuant to Missouri statute 537.053, dram shops may be held liable for damages incurred due to personal injury or wrongful death caused in a drunk driving accident if one of the following is true:
- The dram shop served a person who was younger than 21; or
- The dram shop served a person who was “visibly intoxicated.”
If you were injured or lost a family member in a drunk driving accident, it is important that you consult a car accident lawyer right away. You will need strong evidence to hold the dram shop liable for your damages, but important evidence may become unavailable over time.
The Missouri drunk driving accident lawyers at Gump & Faiella will investigate your case to compile evidence that may prove the dram shop staff served an underage person or someone who was visibility intoxicated. We will also calculate your damages and handle settlement negotiations on your behalf. Call us today at 800-264-3455 to schedule a free consultation.
What Is Considered “Visibly Intoxicated?”
People are considered “visibly intoxicated” when they are impaired to the extent that they show significant physical disfunction or they are significantly uncoordinated. A person can be visibly intoxicated even if his or her blood alcohol concentration is below 0.08%.
Can Dram Shops Be Sued by the People to Whom They Served Alcohol?
In most cases, a person who voluntarily consumes alcohol at a dram shop and then causes a drunk driving accident cannot recover compensation for their damages from the dram shop. The only exception to this rule is if the person who was served the alcohol was under the age of 21.
Does It Matter If the Drunk Driver Used a Fake I.D.?
Some fake I.D.s appear to be genuine when observed by the naked eye. If an employee or agent of a dram shop asks for a patron to show their I.D. (including a federal personal identification card or an official state identification card), the I.D. appears to be genuine, and the I.D. says that the minor was aged 21 years or older, this will be considered when determining the relative fault of the seller or the seller’s employee or agent in the action.
Here’s an example to clarify: Let’s assume that you were hit by a drunk driver who was 18 years old. Immediately prior to the accident, that driver was served alcohol at a tavern, but the bartender had requested their I.D. and was shown a fake driver’s license that said their age was 21. In this scenario, it may be difficult for you to hold the dram shop liable for your damages.
Call 800-264-3455 to Speak with a Missouri Drunk Driving Accident Attorney Today!
Although it may be possible to hold a dram shop accountable for your damages after a drunk driving accident, doing so requires strong evidence. The car accident lawyers at Gump & Faiella can help you gather this evidence and pursue the maximum compensation from all potentially liable parties. Call us today at 800-264-3455 or Use Our Contact Form to schedule a free consultation.