Restaurants & Bars Potentially Liable In Drunk Driving Accidents

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by: georgebizpro
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Date: Fri, 4 Jun 2010 Time: 12:44 AM
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Drunk driving accidents occur every day - Kansas and Missouri are no exceptions to the rule. On average, both of these states experience at least one drunk driving accident daily. Unfortunately, these accidents aren't minor or insignificant in magnitude; in terms of consequences, drunk driving accidents typically rank among the most severe. Point in fact, statistics from 2008 confirm that at least 4 out of every 10 fatal car crashes in the state of Kansas involved some form of alcohol. Missouri is not much better with 38% of its accidents involving the consumption of alcohol.

HERE ARE SOME ALARMING STATISTICS ON DRUNK DRIVING:

Every 2 minutes, a person is injured as a result of a drunk driving accident.
Every 25 minutes, someone loses their life to a drunk driver.
1 in every 3 people arrested for drunk driving have previously committed the same crime
$114 billion. That is what American tax payers pay each year to handle drunk driving accidents.
72 out of 100: the number of drunk drivers who are never charged for their crime.
Around Christmas, almost forty percent of car crashes were the result of a drunk driver.
On New Years' Eve, the percent of car accident deaths caused by drunk driving deaths climbs to 54%
In 2007 young adults 16 and 20yrs were involved in 1,719 alcohol related crashes
The leading cause of death among criminals in the US is drunk driving
17,000 people will be victimized by drunk drivers this year

But who do we hold responsible? Most obviously, many citizens point the finger at the intoxicated, and therefore impaired, driver. However, lawmakers may be changing this. It takes two to tango, so to speak, and the alcohol had to come from somewhere. Lawmakers are now dancing around with the idea of "Dram Shop Law" which would hold establishments that serve alcohol accountable when they provide liquor to an individual who is dangerously inebriated. But this type of law would apply to more than just businesses. In fact, it would apply to party hosts who serve alcohol in their homes. That's right. In the future, if you throw a party and one of your drunk friends stumbles out, gets in their car and then crashes, you could be held partially responsible.

Not all states have these laws. Those that do have Dram Shop Laws outline circumstances under which they are applicable and potential consequences, which can vary extensively from state to state. When drunk driving accidents are tried as Dram Shop Law Cases, prosecuting attorneys nationwide question the establishment that served the alcohol in order to determine liability. These are some of the kinds of questions they ask:


Does the establishment fervently encourage alcohol sales?
Are there drink specials that might encourage a customer to drink inordinate amounts of alcohol?
If the establishment has a large following and is typically crowded, does that make it harder for the establishment to watch for warning signs?
Are employees at the establishment trained to look for warning signs in customers?
Do they continue to serve customers who are obviously drunk?
Does the establishment stand up to its customers by cutting them off? Imposing limits?
If they do monitor, what procedures do they use to monitor?
If a customer claims to have a designated driver, does the establishment let the customer continue to drink after they are visibly inebriated?

In a notable case regarding Dram Shop Law, a 2yr old Arizona girl was involved in a drunk driving accident wherein her neck broke upon impact and she became a quadriplegic as a result. Her survival and her injury remind us all of the devastating consequences of drunk driving. The man who took away the ability to move her arms and legs was Daniel Lanzaro, returning from a New York Giants football game with approximately sixteen beers in his system. With a BAC of .266, he struck the vehicle that the little girl was a passenger in head-on. What makes this a Dram Shop case is that the stadium policy for the New York Giants is to not sell more than 2 beers to each customer during games. But Lanzaro's food and beverage attendant--a man by the last name of Aramark--had received a ten dollar tip and proceeded to serve him six beers at sixteen ounces each. But that ten dollar tip would not help later when both Aramark and Lanzaro were found guilty. Both men were later found guilty, and Lanzaro and Aramark were charged with collective sum of $60 million in punitive damages. Additionally, Aramark was charged $75 million more in punitive damages on top of the first amount.

For over fifteen years now, the Kansas City Auto Accident Attorneys of Roswold Law Group have been defending those who have been victimized by drunk drivers. We understand the tremendous and horrific consequences presented by situations like these, and we are relentlessly committed to protecting these victims through every step of the legal process because we want them to get the justice and compensation that is rightfully owed to them. For more information or to find out how we can help you, give us a call for your FREE initial consultation.

About the Author

Roswold Law Group is a Kansas City personal injury law firm. We are built on a basis of compassion and understanding for our injured clients and their families in of assistance of an experiencedKansas City Auto Accident Lawyer. Our motto for over 15 years has been: Where Accident Victims and Their Families Come FIRST.