A dram shop refers to a bar, restaurant, or any other business that sells alcoholic beverages. In Georgia, laws are in place to regulate dram stores. If you are injured in an accident caused by a drunk driver who just visited a business that sells alcohol, you may be able to hold the company accountable.
Consult an Atlanta DUI accident lawyer to discuss the details of your case. When you partner with John Foy & Associates, you have the Strong Arm of the law at your side. Our drunk driving accident lawyer can teach you about Dram Shop and social host liability laws in Georgia and help you determine if your legal rights were violated.
You Can Hold a Dram Shop Responsible for a Drunk Driving Car Accident
If a Georgia motorist is driving while intoxicated, they are subject to the state’s impaired driving laws. For a first offense, the driver can be put into jail for up to one year, fined up to $1,000, and receive other penalties. With each offense that follows, the penalties escalate.
For those who get hurt in an intoxicated driving auto accident, they can hold the dram store accountable under certain circumstances. Per Georgia Code section 51-1-40, the seller of alcohol can be held responsible for any injuries relating to a drunk driving accident if they willfully, unlawfully, and knowingly served alcohol to someone under the age of 21. They can also be punished if they sell alcohol to someone who already appears to be intoxicated.
Dram shop laws can be difficult to understand. Lucky for you, the team at John Foy & Associates can explain these laws in detail. For more information, please get in touch with us.
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Social Host Liability Can Play a Role in a Drunk Driving Case
Much in the way a dram shop can be held responsible if it lets someone drive drunk, a “social host” can be punished in a similar manner. For example, an individual can invite a friend over to their home, continue to serve their friend alcohol, and let their friend get drunk. If this individual’s intoxicated friend tries to drive to their own home and causes an accident, the person who let them get behind the wheel can get sued.
Ultimately, many parties can be held accountable for a drunk driving accident injury that you suffer through no fault of your own. To find out who is responsible, it pays to hire an attorney. Then, you and your lawyer can discuss your intoxicated driving crash, figure out who is responsible, and request damages accordingly.
You may request thousands of dollars in compensation from a dram store or social host in Georgia. To do so, you must file your lawsuit in alignment with Georgia law. In addition, you must build a compelling argument that makes it clear why you deserve to be awarded the most damages possible.
You Only Have a Limited Amount of Time to Sue a Dram Shop or Social Host
Georgia has a two-year statute of limitations for personal injury cases. This means you have a maximum of two years from the date you suffer a drunk driving accident injury to sue a dram shop, social host, or any other negligent parties. If you decide not to submit your claim within this period, you cannot file your lawsuit at a later time.
In instances where you lost a spouse, child, or parent in a drunk driving accident, you may be able to sue an at-fault party on their behalf. In this instance, you can file a wrongful death claim. Like personal injury lawsuits, there is a two-year statute of limitations for wrongful death lawsuits.
With a wrongful death claim, you can pursue compensation from a dram store, social host, or other at-fault parties. Your lawyer will make sure that you request compensation that accounts for any lost income or other damages you incur due to your family member’s death. Over the course of your litigation, your attorney will work with you to make your argument as strong as they can.
A Dram Shop or Social Host May Try to Settle Your Case Outside of Court
The ramifications of a drunk driving accident lawsuit can be significant for a dram shop or social host. For instance, if a dram store is believed to be responsible for an intoxicated driving crash, its reputation can suffer. At this point, the shop can lose sales, and its revenues will decline.
Rather than deal with the backlash that can come with a lengthy personal injury or wrongful death lawsuit, the defendant in a drunk driving crash case may be inclined to settle. The defendant can offer a settlement that gives the plaintiff a portion of the compensation that they originally requested. If the plaintiff accepts the settlement, this individual gets money, and the case is resolved.
In many cases, the damages you can recover for a drunk driving claim can be substantial. If you are offered a settlement that falls short of the compensation you deserve in your case, you should not hesitate to decline it. You can continue to work with an attorney to pursue your claim to the fullest extent, and your lawyer will put you in the best position to secure 100% of the damages you requested.
Tips to Help You Get Damages from a Dram Shop or Social Host
There are many things that you can do to submit a request for damages from a dram shop or social host based on a drunk driving crash. These include:
- Hire a lawyer. Choose an attorney who has plenty of experience with intoxicated driving accident cases.
- Gather evidence. You and your lawyer can collect and evaluate evidence to support your request for compensation.
- Be open to negotiations. Review any settlement proposals that come your way, and if one meets your expectations, you can accept it and close your case.
John Foy & Associates has been handling personal injury and wrongful death cases in Georgia for over 25 years. If you want to sue a dram shop or social host, we can help you out. To learn more or request a free case evaluation, please contact us today.
(404) 400-4000 or complete a Free Case Evaluation form
