An End-of-Year Crash May Be a Dram Shop Case

Thanksgiving, Christmas, and New Year’s Day holiday celebrations often involve family, friends, co-workers, and drinking alcohol. They can result in good times and bad, including drunk driving and accidents. For injured victims, Kentucky’s Dram Shop law may provide a path to hold negligent alcohol retailers, not just the driver, financially accountable.

Satterley & Kelley, PLLC attorneys strongly advocate for those injured by the negligence of others, including drunk drivers and businesses illegally serving them. We are familiar with Kentucky Dram Shop laws and will provide you with the skilled, aggressive legal representation you deserve. Learn more by calling our Louisville office at (855) 385-9532.

More Drinking, More Drunk Drivers on the Road in November and December

Drunk-driving fatalities rise during the holiday season, particularly in December, according to the National Highway Traffic Safety Administration (NHTSA). In December of 2022, 1,062 people were killed in crashes involving impaired drivers.

The entire month is especially dangerous for those of us on the road. Not only might there be extended darkness, ice, and snow on the streets and highways, but NHTSA warns of drunk driving dangers in the year-end holiday stretch, especially from just before Christmas through New Year’s Eve.

According to the agency, “Alcohol-impaired driving remains a leading cause of fatal traffic crashes in the United States, especially during the holiday season.”

About 40 percent of all fatal vehicle accidents during Christmas and New Year’s Day involved at least one alcohol-impaired driver, states the NHTSA’s Traffic Safety Facts report for 2001 to 2005. That figure drops to about 28 percent for days in December that do not involve holidays.

In 2019, of 10,142 alcohol-impaired traffic deaths, 837 occurred during December, according to statistics from NHTSA, according to the National Road Safety Foundation. Christmas and New Year’s stand out with more drunk-driving fatalities than during any other holiday period.

Many of the state’s drunk drivers became intoxicated, or more intoxicated, at businesses licensed to sell alcohol. They’re legally obligated not to serve patrons who, to a reasonable person, appear intoxicated. That doesn’t stop many bartenders and wait staff from keeping the alcohol flowing. If these drinks impair the driver to the point that they cause your accident, their employer may be held accountable.

Those Injured by Drunk Drivers, and the Families of Those Killed by Them, May be Entitled to Compensation for the Harm They Suffer

If you are injured, or a family member is killed, in a car crash caused by a driver impaired or intoxicated by alcohol, the evidence of the accident may be the basis for an insurance claim or legal action against that driver. That may provide you with compensation for what you’ve endured, including pain, suffering, lost income, and past and future medical expenses.

Also, depending on the facts, there may be grounds to pursue a licensed business that served the person alcohol under Kentucky’s Dram Shop law. These cases might be brought if:

• The customer acted so drunk when they were served that they should appear to a reasonable person to be intoxicated
• The customer is younger than the legal drinking age
• The business told the customer their drink didn’t contain alcohol when it did

A critical reason to hire a Satterley & Kelley, PLLC vehicle accident attorney after your injury is the thorough investigation we will provide. What may appear to you as a simple case may be much more complex, with potentially multiple parties (like a bar or restaurant) contributing to your accident and injuries.

Why Pursue a Dram Shop Claim?

Depending on what our investigation finds, a Dram Shop claim may be worth pursuing:

• Bars and restaurants may serve more drinks per person, and servers may be less vigilant amid the holiday bustle. There are more opportunities for visible intoxication and for servers to fail their legal duty to cut drunk customers off
• A bar, restaurant, or liquor retailer might be held legally and financially responsible if we can show that they overserved the driver who struck you. We will look at all the relevant evidence we can find: bar tabs, receipts, video footage, witness statements, and drink order timing
• While the drunk driver is first in line for liability, they may have limited insurance coverage or assets. Holding a licensed seller accountable can provide an additional avenue for recovery, which is especially important in serious injury or wrongful death cases where so much damage is done
• Dram shop claims also serve an important social purpose. They encourage responsible alcohol service and may help prevent future tragedies by holding businesses accountable if they ignore obvious signs of intoxication.

We tell our clients about their legal options and which ones we think are worth pursuing. Once we’ve fully educated them, it’s up to our clients to decide which legal path to take.

Speak With an Experienced Dram Shop Attorney in Louisville, Kentucky

Our lawyers have decades of experience handling motor vehicle accident and Dram Shop claims. To discuss your accident and injury with a knowledgeable Louisville attorney, contact our law offices online or call us at 502-589-5600 or toll-free at 855-385-9532.