In Washington, D.C., bars, restaurants, and liquor stores have a responsibility to refuse to overserve patrons or serve minors. In fact, these establishments can face liability in the event a minor or visibly intoxicated patron is served and later causes a drunk driving accident. Under Washington, D.C. dram shop laws, victims may be able to pursue compensation against not only the drunk driver, but also the establishment that served them. Read on to learn more about dram shop laws in Washington, D.C.
What Is Washington, D.C.’s Dram Shop Law?
Dram shop laws are in place so that when someone is injured due to the actions of a drunk driver, they may not only sue the drunk driver, but the establishment that served the driver alcohol, under certain circumstances
Washington, D.C. dram shop claims typically arise when bars, restaurants, nightclubs, liquor stores, and other establishments that serve alcoholic beverages continue serving visibly intoxicated individuals or those who are underage who later cause serious car accidents, pedestrian injuries, or fatal collisions. These claims serve to hold the negligent establishment responsible while helping injured individuals recover compensation for the damages they’ve suffered.
When Can an Alcohol-Serving Establishment Be Held Liable
An establishment may potentially face liability if it served alcohol to:
- Individuals who are already intoxicated
- Individuals who appear to be intoxicated, such as customers who are:
- Slurring their speech
- Stumbling
- Displaying aggressive behavior
- Individuals who have “notoriously intemperate habits,” such as an alcoholic
- Minors under the age of 21
What Must You Prove in a Washington, D.C. Dram Shop Claim?
To successfully pursue a Washington, D.C. dram shop claim, injured individuals must show:
- The establishment unlawfully or negligently served alcohol
- The patron was visibly intoxicated or underage
- The intoxicated individual caused the car accident
- The car accident directly caused injuries and subsequent damages
Evidence commonly used in car accident cases includes:
- Accident reports
- DUI arrest records
- Medical reports
- Witness statements
- Security camera footage
- Toxicology reports
- Bar tabs and receipts
What Should You Do After Being Hit by a Drunk Driver?
Being involved in an accident caused by a an intoxicated driver can be incredibly overwhelming. However, it’s imperative to remain as calm as possible to ensure you can take the correct steps to best protect yourself in these matters.
Immediate Steps to Take After a Drunk Driving Accident
- Immediately call 911 to request police and medical assistance at the scene
- Seek medical evaluation, even if you feel okay or if injuries appear minor
- Take photos and videos at the accident scene, including:
- The damage to both vehicles
- The license plates of all vehicles involved
- Your visible injuries
- Any road conditions or hazards
- Do not argue with the other driver
- Collect contact information from witnesses
- Request a copy of the police report
- Do not provide a recorded statement to insurers until you have discussed the matter with an experienced personal injury attorney
Taking these steps early can help strengthen your future claims for compensation.
How Long Do I Have to File a Dram Shop or Personal Injury Claim in D.C.?
If you are injured by a drunk driver, you may wish to take action against the driver and the establishment that served him or her. In order to do this, it is important to act quickly. This is due to a deadline known as a statute of limitations. In Washington, D.C., the statute of limitations for a personal injury accident is generally three years from the date of the accident.
Failing to file within three years will likely mean losing your opportunity to recover the compensation you need and deserve.
Why Acting Quickly in Dram Shop Cases Matters
Dram shop claims generally require prompt investigation, as important evidence can quickly become lost or overwritten. As such, important evidence you should gather includes:
- Security camera footage that may be replaced by new film
- Witness memories that may fade over time
- Credit card charges and bar tabs that may become lost or discarded
- Employee schedules and cash register logs
Early legal intervention can help improve your chances of gathering and preserving this evidence.
What Compensation Can Be Recovered in a Washington, D.C. Dram Shop Claim?
If you have suffered injuries as a result of an intoxicated driver who was negligently served by an establishment, you may be entitled to considerable financial compensation, depending on the severity of your injuries and subsequent damages.
Common Damages Available in Dram Shop Cases
- Medical bills
- Future medical care
- Rehabilitation and physical therapy
- Lost wages
- Reduced earning capacity
- Property damage
- Long-term disability
- Emotional damages
- Pain and suffering
Contact Our Experienced Washington, D.C. Firm
If you’ve suffered an injury in a Washington, D.C. drunk driving accident due to the negligence of not only the drunk driver, but also the party responsible for overserving them, it’s in your best interest to connect with an experienced personal injury attorney with Trombly & Singer, PLLC. We understand the impact these accidents can have on your life and the complexities of dram shop laws, which is why we will do everything possible to help you fight for the justice and compensation you deserve. Contact us today to learn more about your legal options.