Dram shop laws allow victims of drunk driving accidents to pursue financial compensation from the establishment that served alcohol to the intoxicated or underage person who caused the car accident. While the majority of states enforce dram shop laws, Virginia is not one of them. In most cases, liability for drunk driving accidents falls on the driver who gets behind the wheel after consuming too much alcohol, and not the bar or restaurant that provides the alcohol. However, there are limited situations where a third-party establishment may share liability, including serving a patron who is visibly intoxicated.
Since Virginia does not have dram shop laws, it can be more challenging to recover damages if you are injured in a drunk driving accident. An experienced Virginia Beach car accident lawyer will assist you with the claims process, identify all liable parties, and pursue the maximum financial compensation you deserve.
What Are Dram Shop Laws?
“Dram shop laws” are civil laws that hold restaurants, bars, liquor stores, and other establishments liable for injuries that are caused by a patron who caused a drunk driving accident after being overserved. The term “dram shop” comes from 18th-century England, where alcohol was served by a unit called a “dram.” Dram shop laws exist in 43 states, as well as the District of Columbia, although the specific requirements vary by state. According to dram shop laws, in states that enforce dram shop laws, an injured party may be able to file a claim against the following parties:
- Bars
- Restaurants
- Liquor stores
- Hotels
- Clubs
- Event venues
- Social hosts
When Are Alcohol Vendors Liable for a Drunk Driving Accident?
While Virginia does not have dram shop laws, there are limited situations where an alcohol vendor may be partially liable for a drunk driving accident. For example, if a patron is visibly intoxicated, and a bartender continues to serve them drinks, the establishment may share liability if the drunk patron leaves the bar and causes a drunk driving accident. In addition, if a bartender serves alcohol to someone who is under the age of 21, the establishment may be held accountable if the underage patron leaves the bar and causes a serious car accident. This applies to underage patrons who use fake IDs.
Does Virginia Recognize Social Host Liability?
“Social host liability” laws apply to private citizens who host social gatherings at their home where alcohol is served. If a guest becomes intoxicated and causes a drunk driving accident, the individual who hosted the party and provided the alcohol may be responsible for the accident. Social host liability includes directly providing alcohol to guests or knowingly allowing guests to consume alcohol in the home or on their premises.
Virginia recognizes a limited version of social host liability. If you are hosting a private party and you knowingly serve alcohol to a minor, you could face civil liability if that person leaves your house and causes an accident. In most cases, this law does not apply to adults serving other adults, but if you are a parent or a property owner who is hosting an event, this is an important exception to keep in mind.
How Does a Lack of Dram Shop Laws Impact a Drunk Driving Claim?
Due to the lack of dram shop laws in Virginia, it can be a bit more challenging to recover compensation if you were injured in a drunk driving accident. While the following are examples of potential complications you may face, a highly skilled and dedicated car accident lawyer understands the challenges associated with dram shop laws in Virginia and will help you navigate every step of the claims process to ensure that you recover the maximum damages to which you are entitled:
Limited Legal Recourse
Since Virginia does not enforce dram shop laws, you may not be able to hold the bar, restaurant, or other establishment liable for serving alcohol to the drunk driver who caused the accident, even if the person was clearly intoxicated when they were being served
Focus on the Drunk Driver
The legal stance in Virginia is that a drunk driving accident is caused by the consumption of alcohol, as opposed to the furnishing of alcohol by a third party. That means that, in most cases, the drunk driver will be held liable for the injuries, property damage, and other losses caused by the accident.
Complex Investigations
To reach a successful settlement, your legal team will need to conduct a thorough investigation to prove that the other driver was intoxicated at the time of the accident and that their impairment was the direct cause of the crash. This may involve obtaining copies of the police report, results of a field sobriety test, and footage from dashcams, nearby businesses, or gas stations showing the driver stumbling to their vehicle.
Insurance Claims
When pursuing a personal injury claim after being injured in a drunk driving accident, it can be challenging to recover the maximum compensation you are entitled to if the drunk driver does not have sufficient insurance coverage or enough assets to cover the total losses you suffered from the accident. For example, if the drunk driver is underinsured or uninsured, you may have to rely on your own insurance coverage to pay for the damages.
Civil Lawsuit
You may also have the option of filing a civil lawsuit if the drunk driver’s insurance coverage is insufficient. However, this can be a complicated process, particularly if the at-fault driver has limited financial resources. A dedicated car accident lawyer will help you navigate a civil lawsuit and recommend the best legal course of action.
How Do I Obtain a Fair Recovery?
Unfortunately, you cannot control how other people behave or the unsafe and irresponsible decisions they make to get behind the wheel after consuming too much alcohol. However, there are steps you can take to protect your legal rights and reach a fair settlement, including the following:
Collect as much evidence as possible
If you are physically able to do so, take pictures of the accident scene, including your injuries, the damage to your vehicle, and skid marks on the road. Take notes about any details that may help prove that the other driver was intoxicated, including whether they were slurring their words or having trouble walking in a straight line.
Be careful when communicating with insurance adjusters
Insurance companies will resort to a range of tactics to avoid paying a large settlement. You must consult with an experienced car accident lawyer who will recommend the most effective strategies to recover the maximum compensation you deserve.
File your Claim on Time
When filing a personal injury claim, you must understand that the “statute of limitations” is two years from the date of the accident. If you file your claim after the deadline, your claim will likely be denied, and you will be unable to recover any damages. Your car accident lawyer will make sure that your claim is filed well before the deadline passes.
What Damages Am I Entitled to in a Drunk Driving Claim?
If you can prove that the negligent party or parties were liable for damages caused by the drunk driving accident, you may be entitled to the following damages:
- All medical expenses associated with your injuries, including hospitalization, surgeries, physical therapy, follow-up care, and prescription medications.
- Lost wages if you are unable to return to work for an extended period of time.
- Property damage.
- Pain and suffering.
- Loss of enjoyment of life.
Keep in mind that Virginia follows a “contributory negligence” rule, which states that you will be prohibited from recovering any damages if you are found to be even 1% at fault for causing the accident. For example, if you were seriously injured in a car accident that was caused by a drunk driver, and you were talking on the phone at the time of the accident, the contributory negligence doctrine could prevent you from recovering any damages, despite the other driver being intoxicated.
Insurance companies will look for any evidence of liability to avoid paying the financial compensation you deserve. Therefore, it is in your best interest to work closely with an experienced car accident lawyer who will protect your legal rights, ensure that the negligent parties are held liable, and pursue the maximum compensation you deserve.
A Virginia Beach Car Accident Lawyer at Anchor Legal ® Assists Clients With Drunk Driving Accident Claims
If you or a loved one was injured in a drunk driving accident, do not hesitate to contact a Virginia Beach car accident lawyer at Anchor Legal. We will examine the details of the accident, ensure that your legal rights are protected, and identify all parties that may be liable for your injuries. Our highly skilled legal team will negotiate the best possible settlement outcome. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.