QUESTION

my son was killed in an auto accident he was driving and had been drinking ,his blood achol was .16 is there any liability on the bars part?

Asked on Dec 05th, 2011 on Automobile Accidents - Illinois
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Let me preface my response by first stating that I am truly sorry for your loss.  Your son's death poignantly emphasizes the dangers of drinking and driving.  You ask whether there would be liability on the part of the bar where your son was drinking, and the short answer is, "Yes, probably."  This is often referred to as Dram Shop Liability.  However, in a lawsuit against the bar, your son's liability would be compared with that of the bar, and your son's liability for taking the wheel of an automobile after voluntarily consuming alcohol would far exceed any liability that the bar might have, therefore his estate would not prevail. I have been involved in numerous lawsuits where innocent third parties were injured or killed by drunk or impaired drivers, and in those cases the fault of the driver and bar are compared.  Most of the time, the lion's share of the liability is going to be on the driver.  However, in certain instances where bars knowingly continue to serve alcohol to someone whom they know to be impaired they can be tagged with a larger portion of fault.  Oftentimes, the damages are so catastrophic that a small portion of fault on the part of the bar can result in a significant verdict.  For example, in a case where you have an innocent victim, and damages are $10 million dollars, if a jury apportions 90% of the fault on the drunk driver and only 10% on the bar, that would still result in a $1 million dollar verdict against the bar. Indianapolis Injury Attorney, Chip Clark, practices with the law firm of Goodin Abernathy, LLP
Answered on Dec 07th, 2011 at 2:03 PM

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