I was badly injured in a motor vehicle accident by a drunk driver who ignored a stop sign. The drunk driver only had a minimal policy limits on her vehicle. Apparently the drunk driver has few assets. Is there anything more that I can do than accept the insurance policy limits of the drunk driver?
Possibly there is another area of recovery.
You may have a claim against a restaurant or bar. If a bar tender had sold drinks to an intoxicated person, you may have a claim as discussed in a prior post about Dram Shop liability. Under General Obligations Law § 11-101, “Any person who shall be injured in person . . . by any intoxicated person or by reason of the intoxication of any person . . . shall have a right of action against any person who should by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person . . . shall have a right to recover actual and exemplary [punitive] damages”
Therefore if the drunk driver was coming from a bar, you might have a claim against bar owner. In your law suit against the drunk driver, you can ask the drunk driver questions in an examination before trial (deposition). You can ask where the driver was coming from. You can ask if the driver consumed alcohol. Your attorney can find out if a bar tender had served alcohol to the drunk driver. If the drunk driver’s intoxication has a “reasonable connection” to the accident, you can recover damages against the bar owner.
Difference Between Dram Shop and Negligence
The Dram Shop claim is different than ordinary negligence claims. In ordinary negligence claims, the comparative negligence of the plaintiff can reduce the plaintiff’s award. But in a Dram Shop case, liability is absolute. As long as the plaintiff can prove the elements of a Dram Shop claim, the defendant bar owner is absolutely liable.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.