The Liable Parties in a Drunk Driving Accident
Data from the National Highway Traffic Safety Administration (NHTSA) shows that 30% of all traffic crashes in the United States involve drunk drivers. From around 2014 to 2023, almost 11,000 people died every year from drunk driving crashes.
When such an accident happens, most people assume it is only the driver who is responsible. But in many cases, other parties can be held liable. That is why it is important to get a skilled DWI lawyer from TopDog Law to explore all your liability options.
In this article, we will discuss everyone who can be considered legally liable after a drunk driving crash.
The Drunk Driver
The person behind the wheel is typically the main party at fault. Driving while intoxicated is against the law, and if a driver’s actions cause an accident, they can be held both criminally and financially responsible.
Police reports, witness accounts, and blood alcohol content (BAC) tests are often used to prove the driver was under the influence at the time of the accident. As a victim, you can file a personal injury claim against the drunk driver to recover damages like medical bills and pain and suffering.
The Vehicle Owner
In some drunk driving cases, the person driving the car does not own it. If the car owner allowed someone they knew was drunk, unlicensed, or in any way unfit to drive, they may be held responsible under “negligent entrustment.”
For example, if you give your car keys to a friend who is clearly intoxicated and that friend causes an accident, as the owner, you could be liable too.
The Driver’s Employer
If the drunk driver was working at the time of the accident, for instance, making deliveries or driving a company car, their employer could be held responsible. This is called “vicarious liability.” It applies when an employee’s actions cause harm while they are doing their job.
Employers can also be held liable if they did not properly screen or supervise their workers. It can also apply if they ignored the warning signs of substance abuse.
Bars, Restaurants, and Party Hosts
In some states, laws called “dram shop laws” allow victims to hold parties serving alcohol responsible. This applies when the party sells alcohol to someone who is visibly intoxicated, and that person later causes an accident.
For instance, if a bar keeps serving drinks to someone who is clearly drunk, and that person gets into a crash on the way home. The bar might share some of the blame.
Some states also have social host liability laws. These are put into action when private individuals host parties and serve alcohol to guests. If a host allows an underage person to drink at their home or knowingly lets a guest leave when they are visibly drunk, they could be partly responsible if that guest later causes an accident.
Passengers
Yes, passengers can also be held liable. Take, for instance, the passengers actively hyping a driver to drink, continue drinking, or drive while intoxicated. In some rare cases, passengers can even face charges or civil claims for contributing to the situation that caused the accident.
Proving Liability
To hold someone accountable, evidence is key. This might include police reports, eyewitness statements, surveillance footage, or receipts showing the alcohol was bought or taken. A lawyer can help uncover all these details and build your claim.
Conclusion
Therefore, apart from the driver, vehicle owners, alcohol servers, hosts, and passengers can all be held accountable and share the blame in certain situations. Identifying everyone who may be liable in a drunk driving accident helps victims get full compensation. If you have been hurt in a drunk driving accident, consider speaking with a lawyer to protect your rights.
