Driving under the influence (DUI) is a serious issue in Alabama. Recently, the website Alcohol.org ranked Alabama fifth in the nation for fatal DUIs. Compared to accidents with sober drivers, alcohol-related accidents often cause more severe injuries. This means that families face longer recovery times and higher medical costs. Most people know that you can file a claim against the driver who hit you to recover those costs. But did you know that people injured in DUI accidents may have an additional path to financial recovery?
Many drunk drivers buy alcohol at bars and similar establishments. Alabama law allows people injured in DUI accidents to pursue claims against these businesses. This law, called a “dram shop” law, applies when a drunk driver was overserved before a DUI.
This article discusses how Alabama dram shop laws work, including who the law applies to and what must be proven. It also explains how an Alabama personal injury attorney can help.
What’s a Dram Shop Law?
Dram shop laws get their name from 18th-century England. During this period, local taverns sold alcohol by units called “drams.” So, people began calling these businesses “dram shops.”
Alabama’s dram shop law is found in Alabama Code § 6-5-71. It allows people injured in DUI-related accidents to recover damages from the business that served alcohol to the drunk driver before the accident.
The 2023 revised version of Alabama’s dram shop law makes it clear that serving alcohol to an adult over 21 is not enough to create liability under the law. To qualify for compensation under the law, the injured person must prove three key things. First, the individual who was served must have been visibly intoxicated. Second, the staff at the bar or other establishment must have knowingly served alcohol to the visibly intoxicated person. This means that the server or bartender either knew or reasonably should have known that the person was intoxicated when they served them. Finally, there must be proof that the alcohol that was served had a direct connection to the crash.
Who Can Be Held Responsible under Alabama’s Dram Shop Law
Alabama’s dram shop law applies to businesses that serve alcohol for profit. This list includes:
- Bars
- Nightclubs
- Restaurants
- Breweries, taprooms, and brewpubs
- Wineries and tasting rooms
- Liquor stores
- Convenience stores and gas stations
- Grocery stores
- Hotels and resorts
- Event venues (e.g., stadiums, concert halls)
- Caterers and similar companies
Alabama’s dram shop law does not apply to people who serve alcohol at a party or other social function in their home where no money is exchanged. There may be other Alabama laws that can be used to hold these people legally responsible, though. A Birmingham accident injury lawyer can help you find these laws.
Tips for Proving Your Case Under Alabama’s Dram Shop Law
One of the most important things that you’ll need to prove in a dram shop claim is “visible intoxication.” Typical signs of intoxication include:
- Altered speech patterns (e.g., slurred words, speaking slowly)
- Difficulty walking (e.g., stumbling, swaying, needing support)
- Poor coordination (e.g., dropping items, knocking things over)
- Confusion or disorientation (e.g., not understanding simple questions, repeating themselves)
- Bloodshot or glassy eyes
- Strong odor of alcohol
- Unusually loud or disruptive behavior
- Spilling drinks or struggling to hold a glass
The fact that the person appeared intoxicated at the scene of the accident is not enough. You’ll have to show that these signs were present at the time when the alcohol was sold or served. Your Alabama accident injury attorney can help you get surveillance footage, locate witnesses, and find other evidence to support your personal injury claims.
You’ll also need to show that the alcohol service was connected to your crash. So, you and your Birmingham car accident lawyer will need evidence that the alcohol played a role in the crash. Typically, this will be shown by the fact that the accident happened shortly after the alcohol was served. The longer the time between the service and the accident, the harder it will be to connect the bar or other business to your accident.
Finally, the fact that the other driver was drunk will not prevent the bar or restaurant from arguing that Alabama’s contributory negligence rule should apply. This rule bans anyone who is even partially responsible for causing the accident that injured them from receiving damages. Your Alabama car crash attorney can tell you how this rule applies in your case.
How a Birmingham Injury Lawyer Can Help with Dram Shop Claims after a DUI Accident
Alabama’s dram shop law gives injured people rights against the businesses that serve alcohol to those who later cause accidents. When a dram shop claim is successful, the injured person may recover a range of damages, including medical expenses, lost income, reduced future earning capacity, and pain and suffering. These cases are not easy, but an experienced Alabama injury attorney can help you with your dram shop case by:
- Identifying any potential alcohol sellers
- Finding and preserving key evidence like surveillance footage and receipts
- Using evidence to prove visible intoxication
- Countering defenses such as contributory negligence
If you believe alcohol service played a role in your DUI-related accident and injuries and need legal help, contact Collins Law, LLC. Our clients praise us for our compassion, communication, and results. Schedule a free, no-obligation consultation today by calling 205-588-1411 or using our online contact form.
