Canada reports over 7,000 cases of drunk driving every year. While drunk driving is a severe crime, it is essential to understand that a drunk driver may not be the only one at fault for causing the accident. Some of the time, the establishment that served alcohol to the driver may also be held responsible as per the provisions of the Dram shop law.
While no amount of money can undo the physical, psychological, and emotional trauma of a car accident, it can certainly provide you with much-needed financial aid. Therefore, in case of a DUI (Driving Under the Influence) accident, you must hire a professional law firm, like Fassio Law, to seek legal guidance and decide the course of action.
Role of alcohol serving establishments in a DUI accident
While the drunk driver behind the steering wheel is the one to mainly blame for a DUI accident, the establishment that sold or served the alcohol to the driver is also equally responsible for causing the accident.
Alcohol-serving establishments like bars, pubs, taverns, clubs, etc., owe a duty of care to their customers, which is to ensure that they do not get overly intoxicated. However, if the establishment fails the duty, it may be held responsible for acting negligently or intentionally. An establishment can be held liable for the following sightwiki.
- The establishment knowingly sold or served alcohol to an already intoxicated person.
- The establishment knowingly served alcohol to an underage customer.
Factors that determine the liability of an alcohol-serving establishment
All the parties responsible for causing the accident can be held liable for providing compensation. Although the value of compensation may not be the same, you might need to prove the following before the law to determine the liability of an alcohol-serving establishment in a DUI case.
- The establishment serving alcohol was negligent and served or sold alcohol to an already intoxicated driver, which resulted in the accident.
- The driver was drunk and negligent while driving and caused an accident due to overspeeding, reckless driving, swerving, etc.
- The actions of the alcohol-selling establishment and the drunk driver were collectively responsible for causing the accident.
- You sustained injuries and other damages due to the accident caused by the drunk driver.
Compensations for a victim in a DUI accident case
A defendant can file for different types of compensation after a DUI accident based on the nature of the injury and other losses they incurred. However, compensation in such cases can broadly be divided into the following categories.
- Loss of wages due to injuries, impairment, or disability caused by the accident
- Hospital bill and other medical expenses due to accident
- Pain and suffering due to the accident
- Damage to property
