A successful claim requires proving negligence on the part of the drunk driver. Negligence is often easy to prove when the driver tested over the limit. Even in a clear-cut case, however, actually getting the compensation you deserve might not be so easy. Many drunk drivers simply don’t have the money or assets to satisfy judgments against them. Enforcement steps such as wage garnishment may get you only pennies on the dollar. So where else can you turn?
The answer requires digging deeper into the facts. In some cases, it turns out that the drunk driver wasn’t the only negligent party. An alcohol establishment may have also been negligent in over-serving the driver before he or she hit the road.
Bars, nightclubs and other places that serve liquor can be held legally responsible when they over-serve visibly drunk customers. Pennsylvania’s “dram shop” law gives victims of drunk drivers the ability to sue negligent alcohol establishments. These businesses often have far greater financial resources than individual drunk drivers.
Establishing dram shop liability, however, can be challenging. A strong claim requires a thorough investigation, a well-thought-out strategy and a foundation of robust evidence.
The attorneys at Berger and Green have a wealth of experience representing injury victims and their loved ones in these tragic situations. Read more about how the firm’s legal team can help you hold all negligent parties accountable after a DUI-related accident.