Bars and Restaurant Responsibilities for NC Drunk Driving Accidents

Drunk driving accidents can have devastating consequences for victims and their families. While impaired drivers are typically held responsible, North Carolina law also allows victims to hold bars, restaurants, and other alcohol-serving establishments accountable in certain cases.

These third-party liability claims, known as dram shop lawsuits, are based on the idea that over-serving an intoxicated person can lead to foreseeable harm. This article explains how dram shop liability works in North Carolina, what it means for victims of a drunk driving accident in Raleigh, NC, and how to determine whether a bar or restaurant may also be legally responsible.

What Are Dram Shop Laws in North Carolina?

A dram shop is a business that sells alcoholic beverages, such as a liquor store, restaurant, or bar. The term dates to when alcohol was measured and sold by the “dram,” a small unit of liquid. Dram shop laws are designed to promote responsible alcohol service and protect the public by holding businesses accountable when they recklessly serve alcohol.

How Alcohol Over-Service Can Lead to Liability

It takes just seven standard drinks over four hours to raise a person’s blood alcohol concentration (BAC) to the legal limit of 0.08. Just two more drinks can raise it to 0.13, a level at which most people slur their words, struggle to walk steadily, and behave unpredictably.

Bartenders and servers are trained to recognize visible signs of intoxication, including poor coordination, erratic behavior, and slurred speech. When these signs appear, continuing to serve alcohol is not only irresponsible, but it may also expose the establishment to dram shop liability if that person later causes a drunk driving accident.

When Is a Bar or Restaurant Liable for a Drunk Driving Accident?

A business may be held liable if it serves alcohol to a customer who is underage or already visibly intoxicated, and that customer goes on to cause a drunk driving accident. North Carolina General Statute 18B-305 makes it illegal to sell alcohol to someone the server knew, or reasonably should have known, was impaired. In these cases, bars or restaurants may share legal responsibility for the crash.

Dram shop liability may apply when:

  • The customer was under the legal drinking age.
  • The customer showed clear signs of intoxication and was still served.
  • The bar failed to intervene despite obvious warning signs.

Businesses that violate dram shop laws can face fines, criminal charges, and civil lawsuits if someone is injured due to their negligence.

Proving Dram Shop Liability in a Raleigh, NC, Injury Case

To hold a bar or restaurant accountable in a dram shop lawsuit, the injured party must show that alcohol was served to an impaired person who then caused harm. Supporting evidence may include:

  • Eyewitness accounts
  • Surveillance footage
  • Credit card receipts or bar tabs
  • Expert testimony on BAC levels or alcohol impairment

Acting quickly is especially critical in North Carolina cases due to the time-sensitive nature of evidence. Surveillance footage can be deleted, and witness memories may fade. A lawyer experienced in dram shop lawsuits can help gather and preserve evidence before it disappears.

How Dram Shop Lawsuits Work With a Drunk Driving Accident Claim

Dram shop lawsuits are often filed in addition to a personal injury claim against the intoxicated driver. When a bar or restaurant over-serves someone who is clearly impaired, they may share legal responsibility for the resulting harm.

This added accountability can be especially important if the driver is uninsured or carries only minimum coverage. A dram shop lawsuit may allow victims to seek compensation for:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Punitive damages in extreme cases

How a Raleigh Attorney Can Help After a Drunk Driving Accident

Dram shop cases are legally complex and time sensitive. They often involve multiple parties, specific alcohol laws, and the need for a fast, thorough investigation. At Miller Law Group, we go beyond the driver; we look at where the alcohol was served, who served it, and what warning signs were ignored. If a business contributed to your injuries, we’ll fight to hold them accountable.

We handle every step of the process, including:

  • Investigating bar and restaurant liability
  • Collecting video evidence and documentation
  • Working with toxicology experts
  • Communicating with insurers

Even if you’re unsure whether a bar played a role, our attorneys can help evaluate your options in a free consultation. We are committed to protecting families and communities by holding negligent businesses accountable and challenging unsafe alcohol service.

If you or someone you love was injured in a drunk driving accident in Raleigh or anywhere in North Carolina, our experienced attorneys can investigate whether a bar or restaurant shares responsibility. Dram shop laws give victims a powerful tool to seek justice when alcohol is served irresponsibly.

Contact Miller Law Group today for a free, confidential consultation. Our attorneys have deep experience with dram shop lawsuits and will fight for the outcome you deserve.

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