According to the National Highway Traffic Safety Administration, in 2017 there were 295 car accident fatalities in New York that involved one of the drivers being impaired by alcohol. These fatalities make up more than a third of the total amount of car accident fatalities that did not involve alcohol.
Some people find themselves in situations when they are impaired and still choose to drive home from bars and restaurants, and sometimes this reckless behavior leads to DUI accidents. However, some may wonder if the reason for a drunk driver’s intoxication stemmed from the establishment that served them drinks, could a bar or restaurant be held liable for the accident?
Legally, bars can sell customers above the age of 21 alcohol if they do so safely and responsibly. If the customer is not visibly drunk, it is not the bars responsibility to mange their ride home. However, when selling customers alcohol illegally in New York, bars can be at fault for drunk driving accidents.
In New York, anyone injured in an accident with a drunk driver may have a cause of action against a bar if it illegally sold the impaired driver alcohol. This includes anyone under the legal drinking ag of 21 and people who are visibly intoxicated. Under New York law, a bar is prohibited from selling alcohol to a person who is obviously intoxicated and shows signs of being impaired. Therefore, if the victim of the accident can prove that the bar that intentionally served an underage or visibly intoxicated driver alcohol, the bar can be legally accountable for the victims’ injuries.
Drunk driving accidents can cause serious permanent physical injuries and mental anguish. The medical costs and damages that result from these injuries can be substantial. It is important to receive the compensation you deserve. In some cases, bars and taverns will illegally serve their customers alcohol, resulting in these accidents. The personal injury lawyers at Goldstein and Bashner want to help you find who is at fault and get you the compensation you deserve. If you or a loved one has been a victim of a drunk driver, contact us today for a consultation of your case.