Getting hit by a drunk driver changes everything. One moment you’re driving home, the next you’re dealing with injuries, medical bills, and a life turned upside down. Most people assume the drunk driver is the only one responsible. But Alabama law says sometimes the bar or restaurant that kept serving them alcohol shares the blame, too. That’s the focal point of dram shop liability. It makes a huge difference for your potential recovery and the likelihood of getting what you need to move on.
What Dram Shop Liability Actually Means
Think of dram shop laws as holding alcohol-serving businesses accountable when they act wrongfully. The term sounds old-fashioned because it is. “Dram shop” comes from 18th-century England, where taverns sold gin by the dram. These days, it applies to any business with a liquor license: bars, restaurants, nightclubs, you name it.
Alabama’s version is stricter than what you’ll find in some states. But it’s still there. Under Alabama law, a case can be pursued against establishments that serve visibly drunk people or minors who later cause crashes.
Holding A Bar Responsible
Not every drunk driving accident means the bar screwed up. Alabama law sets specific requirements. The establishment had to serve someone who was obviously/visibly intoxicated, or they served a minor. And that person’s drunkenness has to be what caused your injuries.
Bartenders aren’t mind readers, but they’re trained to spot the signs. Slurred words. Stumbling around. Getting aggressive or loud. Fumbling with their wallet. When someone’s showing these red flags and the staff keeps serving them anyway, that’s where liability kicks in.
Why This Actually Matters For Your Case
Most drunk drivers don’t have great insurance. They might carry the minimum coverage Alabama requires, which won’t come close to covering your hospital bills if you’ve got serious injuries. But bars and restaurants? They typically have substantial liability insurance. At Marsh | Rickard | Bryan, LLC, we’ve handled enough of these cases to know how much difference it makes when you can add the establishment to your claim.
Building A Strong Dram Shop Case
These cases don’t prove themselves. We’ve got to show the establishment acted irresponsibly and created the danger that hurt you.
Examples of the evidence that can be used in these cases:
- Witness accounts by other customers who saw how drunk the person was
- Credit card receipts showing how many drinks they bought
- Security camera footage from inside the bar
- Testimony from servers about their training (or lack of it)
- Expert analysis on blood alcohol levels and timing
The numbers are sobering. According to the National Highway Traffic Safety Administration, about 37 people die every day in this country from drunk driving crashes. Too many of those involve drivers who were overserved at commercial establishments that should’ve known better.
Alabama’s Tough Contributory Negligence Rule
Here’s where Alabama makes things harder than most states. If you’re even deemed partially at fault for an accident, you can’t recover anything. But when we can shift the focus to what the bar did wrong, we’re building a stronger foundation for your case. A Birmingham personal injury lawyer who’s done this before knows how to frame these claims so they protect your rights under Alabama’s unforgiving rules.
You Don’t Have Forever To File
Alabama generally gives you two years from the accident date to file a lawsuit. That applies to your claim against the drunk driver and any dram shop claim. Miss that deadline and your claims are extinguished. Two years might sound like plenty of time, but these cases take months to investigate properly. Don’t wait.
These cases get complicated fast. You’re dealing with detailed investigations, fights over who’s responsible, and insurance companies that’ll do everything they can to pay as little as possible. Working with a Birmingham personal injury lawyer who understands how Alabama’s dram shop laws work makes all the difference. We can investigate what happened, build your case, and fight for every dollar you’re owed. Reach out and let’s talk about your situation.
