Drunk driving collisions are tragic in part because they are usually preventable. Motorists often fail to recognize warning signs that they have had too much to drink or convince themselves that they have the ability to drive safely despite overindulging at a party or bar.
They may go on to cause crashes that have life-altering consequences for other people. The unfortunate reality is that many impaired drivers simply do not have the personal resources necessary to adequately compensate the other parties involved in the wreck. Even if they have insurance, it may not be enough to cover the injured party’s medical expenses and lost wages. Yet, occasionally, it is theoretically possible to hold bars and restaurants accountable for drunk driving crashes in Pennsylvania.
What does the law say?
Pennsylvania has two laws that passed some crash liability to parties other than the intoxicated motorist. The dram shop statute potentially allows those involved in collisions to hold a bar or restaurant accountable for a drunk driving wreck.
The most important consideration in such cases is whether the patron served at the bar or restaurant was obviously under the influence while drinking at the establishment. Pennsylvania state law prohibits the dispensation of alcoholic beverages to individuals already visibly under the influence.
In scenarios involving drivers with particularly high blood alcohol concentrations (BACs), it may be possible to establish that the bar or restaurant they patronized prior to the crash violated the law by continuing to serve that person. The business may have to cover some of the costs generated by an impaired patron who left the business and caused a wreck.
While it is also technically a liquor law violation in Pennsylvania to serve a minor, doing so does not necessarily lead to dram shop liability for the business unless the underage drinker was visibly drunk. That being said, there is a social host law that may apply if the intoxicated minor consumed alcohol at a social gathering.
Especially when a dunk driver does not have much personal property or good insurance coverage, looking at other options for compensation after a serious motor vehicle collision can be a smart move. Social hosts and businesses can both be liable for drunk driving in certain circumstances. A lawsuit can potentially help to close the gap between the true costs of a crash and what insurance ultimately covers.