Drunk driving crashes often leave behind severe injuries and, potentially, fatalities. In South Carolina, if someone else causes a car crash that injures you, you could file a claim or lawsuit against them for your injuries and losses from the accident. But what if that driver was drunk, and what if a bar or other alcohol-serving establishment continued to serve alcohol to them when they were obviously inebriated? You might be entitled to seek money from the establishment that overserved the drunk driver.
When Alcohol-Serving Establishments Could Face Liability
South Carolina bars, clubs, and restaurants may face legal responsibility if they serve alcohol to someone who later causes harm due to intoxication. Under South Carolina law, no establishment licensed to sell liquor can sell to an underage person or to someone who is intoxicated. When establishments ignore warning signs and knowingly continue serving clearly impaired patrons, they risk contributing to severe accidents and may face liability for the accident.
Handling Visibly Intoxicated Patrons
If bartenders or servers continue serving drinks to obviously intoxicated patrons, they can face liability for a later accident. Common signs of intoxication include:
- Aggressive or Erratic Behavior – Hostile outbursts or unpredictable actions can indicate that someone is too impaired to be served more alcohol.
- Slurred Speech – Slurring words is a clear sign of intoxication that bartenders must recognize and respond to.
- Unsteady Walking – A person stumbling or swaying while walking strongly suggests they’ve had too much to drink.
- Drifting into Unconsciousness – Falling asleep or fading in and out of consciousness signals dangerous levels of intoxication and a need to stop service immediately.
Serving Minors
If a bar serves a minor who later causes a drunk driving crash, the bar can face liability for the accident, even if the minor used a fake ID. All employees must check IDs carefully and refuse service when there’s any doubt. When a bartender or server turns a blind eye and serves a drink anyway, it can lead to serious legal consequences.
Why Holding Bars Accountable Matters
Some drunk drivers do not have sufficient insurance or personal resources to fully compensate injured individuals for their injury-related losses. By holding alcohol-serving establishments responsible, injured people may be able to access additional compensation sources. This financial support can alleviate the financial burden caused by the accident. Additionally, holding a bar accountable for wrongful service can have a deterrent effect on that and other establishments.
What Compensation Could You Recover in an Injury Claim?
If a bar’s negligence contributed to a drunk driving crash, you may be able to recover compensation from the bar to help cover your losses. You can seek money for the following losses in a claim:
- Medical Expenses – The cost of hospital visits, surgeries, physical therapy, prescription medications, and any future injury-related treatment should be included in your claim.
- Lost Wages –You can pursue compensation for the income lost during recovery if your injuries keep you from returning to work immediately after the accident.
- Loss of Future Earning Potential – If your injuries reduce or completely diminish your ability to work long-term, you can claim money for reduced earning potential.
- Pain and Suffering – You can pursue compensation for the physical pain and emotional distress caused by your injuries.
- Loss of Enjoyment of Life – If your injuries prevent you from enjoying hobbies or activities you enjoyed before the accident, this personal, intangible loss has value and should be included in your claim.
Contact a South Carolina Personal Injury Attorney Today
If you’re injured in a DUI crash and believe a bar’s negligent overservice of the at-fault driver contributed to the accident, take action immediately. Proving a business’s liability for an accident requires experience and attention to detail. At Willcox, Buyck & Williams, PA, we’ll work tirelessly to hold the bar accountable and fight for the compensation you deserve. Contact us today for a free consultation to discuss your case.