Were you recently injured by a drunk driver in Huntsville, Alabama? Do you suspect that the driver was served more alcohol than a responsible bar, restaurant, club, or other establishment should have provided? If so, you could have grounds for a dram shop claim against the business.
The business and its insurer will likely try to downplay its role or shift attention away from the alcohol service that led to the accident, but you do not have to accept its version of events.
The personal injury lawyers at Morris, King & Hodge, P.C., can help you take control of the situation and respond to defense allegations with clear facts. We can also manage the insurance process and pursue a strong financial outcome for you.
Contact our dram shop lawyers in Huntsville, AL, today for a free consultation with someone who knows how to handle liquor liability cases.
What Are the Dram Shop Laws in Alabama?
Alabama’s dram shop laws under Alabama Code § 6-5-71 hold businesses that provide alcoholic beverages (historically known as dram shops) responsible for selling or serving alcohol unlawfully when the negligent service contributes to injuries in accidents. In this context, the service is considered unlawful if the business knowingly sells, furnishes, or serves alcohol to someone who is visibly intoxicated or to someone who cannot legally drink.
State lawmakers recently updated the law to clarify that a business is liable only if it knew or should have known at the time that the service violated Alabama law. The totality of the circumstances matters in these cases. The customer’s behavior, the staff’s response, the length of service, and any noticeable signs of impairment can all come into play.
The Alabama dram shop act does not permit intoxicated persons to file claims against alcohol vendors. Instead, it is meant for people harmed by intoxicated persons. State law also allows injured parties to sue the intoxicated individual and the business in the same lawsuit.
Dram shop rules set the legal framework for most alcohol-related accident claims in Alabama. They place responsibility on bars and restaurants that break the law by overserving customers or serving alcohol to people who are not legally permitted to drink. They also give injured people a way to seek compensation when unlawful service contributes to a drunk driving accident.
Can I Sue the Bar That Overserved the Drunk Driver Who Hit Me?
Yes. You could have the right to sue an Alabama bar or restaurant if it sells or serves alcohol unlawfully, and that unlawful service contributes to your injuries. You could have grounds for a lawsuit if the business knew or should have known that the customer was visibly intoxicated or underage at the time.
You may include both the bar and the drunk driver as defendants in the same lawsuit, which allows you to pursue financial compensation from every responsible party. A detailed record of the customer’s level of intoxication and the staff’s choices can strengthen your position and allow you to hold both parties accountable for their role in the crash.
What Evidence Do I Need to Prove a Bar Overserved the Driver?
You will need clear proof that the bar knew or should have known the driver was visibly intoxicated to prove that it overserved them. Alabama law focuses on what happened at the moment of service, so your evidence should show that the bar continued to serve the driver even after noticeable signs of impairment.
Some examples of evidence you could use to prove your case include:
- Bar receipts and transaction records
- Surveillance video from inside or outside the bar
- Witness statements from patrons or staff
- Police reports that describe the driver’s condition
- Social media posts or photos from the night of the crash
- Toxicology test results
- Cell phone location data
- Testimony from alcohol service or toxicology experts
- Training records for bar staff
- Prior citations or violations issued to the bar
How Long Do I Have to File a Dram Shop Lawsuit in Huntsville, AL?
Alabama law gives you two years from the date of the crash to file a dram shop lawsuit. If you miss the two-year filing window, the court will not hear the case, and you will lose your right to bring a claim. Only very narrow exceptions could extend the deadline.
Two years might seem like plenty of time, but many people choose to start the legal process well before the deadline since key evidence can disappear quickly. Witnesses can forget details, businesses might record over video footage, and receipts become harder to collect as time passes.
Acting in a timely manner protects your ability to present a strong case and hold the bar or restaurant accountable for unlawful alcohol service.
What Compensation Can Be Recovered in Alabama Dram Shop Cases?
An Alabama dram shop case allows you to seek financial compensation for any losses you suffered due to the crash. That includes both the direct costs you incurred and any related harm or losses that affect your daily life. The exact amount you can get depends on the facts of the case and the proof you present.
Some types of compensation you may seek include money for:
- Medical bills
- Future medical care
- Lost income
- Reduced future earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Physical impairment or disfigurement
- Vehicle repair or replacement costs
- Out-of-pocket expenses tied to the crash
Why Do I Need a Lawyer for an Alabama Dram Shop Case?
Dram shop liability cases often involve bars, restaurants, or other businesses with corporate insurance companies behind them. The companies hire legal teams to protect their financial interests and limit what they pay out. Without a lawyer, you will be alone against a system designed to favor the business.
Our attorneys can help you level the playing field by gathering evidence, organizing records, and building a clear picture of how the unlawful service contributed to the crash. We can also handle communication with the insurance company to help you avoid common mistakes that could reduce the value of your claim.
When you have legal representation on your side, you will be able to present a stronger case and be in a better position to seek full compensation for your losses.
Contact Our Motor Vehicle Accident Attorneys Today
If you believe a Huntsville business played a role in a DUI crash by serving the driver too much alcohol, contact the nearby dram shop attorneys at Morris, King & Hodge, P.C. We are ready to secure key evidence of the driver’s condition and develop a clear link between the overservice and the accident.
Get in touch with us now to discuss your next steps in a free case review.
