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When a drunk driver causes an accident, the pain and trauma of the accident are intensified by the knowledge that it was preventable if only the at-fault driver hadn’t gotten behind the wheel while intoxicated. Connecticut’s criminal justice system has strong laws penalizing drunk drivers, especially those responsible for serious car accidents with injuries to others; however, it takes a civil claim to recover compensation for damages like medical expenses, lost wages, and pain and suffering as well as a sense of financial accountability. The victims of drunk drivers may file a personal injury claim against the drunk driver, but in some cases, they may be able to recover additional compensation through Connecticut’s dram shop liability Laws.
Contact an expert car accident lawyer in New Haven today at (203) 888-8888 for a free consultation.
A dram shop law holds the bar or restaurant responsible for an injury victim’s damages after a drunk driving accident if the establishment sold alcohol to a patron who is already visibly intoxicated or to a minor. The dram shop law is under Connecticut General Statutes Section 30-102 which states the following:
“If any person, by such person or such person’s agent, sells any alcoholic liquor to an intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall pay just damages to the person injured, up to the amount of two hundred fifty thousand dollars, or to persons injured in consequence of such intoxication up to an aggregate amount of two hundred fifty thousand dollars…”
The act also requires injury victims to supply written notice to the seller within 120 days of the drunk driving accident. The dram shop liability law also applies to other incidents perpetrated by a person served alcohol while already visibly intoxicated or underage, such as fights or acts of violence that result in injury. An injury victim or the family member of a loved one fatally injured by a drunk driver who was overserved after appearing visibly intoxicated in a bar or pub may file a lawsuit for compensation against the proprietor.
The law prohibits lawsuits against those who sell alcohol to of-age individuals who later go on to cause an accident unless the person was already notably drunk when they purchased alcoholic beverages or if they are under the legal drinking age.
Do not hesitate to contact a New Haven DUI accident attorney if you are involved in a collision with someone who was under the influence.
The state’s dram shop laws do not apply to social hosts who serve alcoholic beverages to adults in their homes, even if the adult goes on to cause a serious drunk driving accident. This is under the premise that the person who drinks and chooses to drive is responsible, not a homeowner who has a party. The exception to this is for social hosts who serve alcohol to minors or allow minors to drink on their property and a minor causes serious injury to someone else.
While some states exempt liquor store owners from liability under dram shop laws, the dram shop law in Connecticut also applies to liquor stores if an employer sells alcohol to visibly intoxicated customers or minors.
A successful lawsuit against a dram shop after an accident or incident that causes injury to others due to an overserved patron or a minor may recover compensation for damages such as the following:
If a loved one dies from injuries caused by a drunk driver, their close family members may recover compensation through a wrongful death claim and lawsuit against the dram shop that’s liable under the law.
Call Weber & Rubano at (203) 888-8888 or contact us online. Our Connecticut drunk driving accident attorneys who are ready to help you pursue avenues for compensation, including through a lawsuit under the state’s dram shop laws.