Can I Sue a Bar or Restaurant That Served the Drunk Driver?

Can I Sue a Bar or Restaurant That Served the Drunk Driver?

Yes, in certain situations, you can sue a bar, nightclub, or restaurant for their part in a drunk driving crash. But the legal process is complex, and success depends heavily on the specifics of your case. Speaking with an experienced drunk driving accident lawyer can help you understand your options and whether the establishment that served the driver can be held accountable.

If you or a loved one has been hurt in a car accident caused by a drunk driver, your medical bills might be piling up, you may be unable to work, and worst of all, this crash could have been completely preventable. When someone chooses to drink and drive, it’s not just reckless, it’s downright dangerous. But what if the person who caused your injuries wasn’t the only one responsible? What if the bar or restaurant that overserved them played a role in the crash?

Let’s break it down. Here’s everything you need to know about holding an alcohol-serving establishment accountable.

Understanding “Dram Shop” Laws

The ability to sue a bar or restaurant for overserving alcohol falls under what's known as dram shop liability laws. The term “dram shop” dates back to old English taverns that sold alcohol by the “dram,” a small unit of measurement. Today, these laws vary by state but generally allow injured victims to hold establishments accountable if they serve alcohol to someone who is clearly intoxicated or underage, and that person later causes harm, often in a drunk driving crash.

California’s Take on Dram Shop Liability

California’s laws are much more restrictive than other states when it comes to dram shop liability. The general rule? Bars and restaurants are usually not liable for damages caused by someone they served alcohol to unless the person served was under the legal drinking age of 21.

Here’s what California Civil Code Section 1714 says:

“The furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.”

What does this mean in plain English? If an adult drinks too much at a bar, leaves, and causes a crash, the bar typically cannot be held responsible under California law. The act of drinking, not serving, is seen as the direct cause of the crash.

But like any law, there are exceptions.

When You Can Sue a Bar or Restaurant in California

While most dram shop claims against bars and restaurants hit a dead end in California, there are two main exceptions where a lawsuit might be possible:

Serving a Minor Under 21

This is the biggest exception to California’s general rule. If a bar, club, or restaurant knowingly serves alcohol to someone under 21, and that minor causes an accident, you may have a valid claim against the establishment.

Let’s say a bartender serves multiple drinks to a clearly underage person without checking their ID. That person gets behind the wheel, crashes into you, and causes serious injuries. In this case, you may be able to hold the bar partially responsible for your injuries.

Hosting a Private Party

While it’s not exactly the same as suing a bar or restaurant, California does allow injured parties to sue social hosts (like someone hosting a house party) if they knowingly served alcohol to a minor, who then went on to cause harm. So, if a private party was thrown at a restaurant or rented venue and staff knowingly served a minor, that situation could open the door to legal action.

The Role of Negligence in Alcohol-Related Crashes

Even though California law protects most alcohol-serving businesses from being sued, there could be other avenues for holding them accountable, especially if their negligence was extreme. Imagine a situation where a bar continues to serve alcohol to someone who is clearly intoxicated, slurring words, falling over, unable to walk straight, and then ushers them out the door to their car.

While the legal protections under California’s dram shop law are strong, extreme or willful negligence could potentially be a factor in other types of legal claims, like premises liability or negligent supervision. But these are complicated cases and very fact-specific, often requiring video footage, witness statements, and expert testimony.

Proving a Bar’s Responsibility Isn’t Easy

Let’s say your case falls into one of the exceptions, maybe the drunk driver was underage, and you want to pursue a claim against the establishment that served them. Here’s the catch: you’ll need strong evidence. Proving that a bar or restaurant knowingly served an underage person is not easy.

To build a solid case, you and your attorney will need to show:

• The driver was under 21.
• The bar or restaurant knew or should have known they were underage.
• They were served alcohol anyway.
• That person caused the accident.
• You suffered actual harm—physical injuries, financial losses, emotional distress.

That’s a tall order. But with the right legal help, surveillance footage, witness statements, and toxicology reports, it can be done.

What If the Drunk Driver Was Clearly Intoxicated?

You might be wondering, “Okay, but what if the person was obviously drunk and they still got served more drinks?” That does sound negligent, doesn’t it? Unfortunately, California law doesn’t generally allow you to sue based on over-serving intoxicated adults. Remember, state law says the act of drinking, not serving, is what caused the crash.

This is frustrating for many victims, and understandably so. It can feel like bars and restaurants get off the hook even when they act irresponsibly. But until California lawmakers change the dram shop laws, these restrictions remain firmly in place.

Civil vs. Criminal Liability

It’s important to understand the difference between civil and criminal liability. While you may not be able to bring a civil lawsuit against the establishment, the bar or its employees could still face criminal charges, especially if they served alcohol to a minor.

That said, a criminal conviction doesn’t automatically result in compensation for you. You’ll still need to pursue a civil claim through the proper legal channels if you want to recover damages for your injuries.

Damages You May Be Able to Recover

If your case does fall under one of California’s exceptions, and you can successfully sue a bar or restaurant, you may be able to recover several types of damages, including:

• Medical expenses: Past, current, and future treatment costs
• Lost income: Time you’ve missed at work due to your injuries
• Reduced earning capacity: If you can no longer perform your job at the same level
• Pain and suffering: Physical pain, emotional distress, trauma
• Punitive damages: In extreme cases, to punish especially reckless behavior

What To Do If You Suspect a Bar Contributed to the Crash

If you believe that a bar, restaurant, or even a private party served alcohol to the drunk driver who caused your accident, it’s critical to take action immediately. The more time that passes, the harder it becomes to collect solid evidence.

Here’s a step-by-step guide to protect your rights and potentially build a claim:

1. Call the Police and Request a Full Report

Always ensure a police report is filed after an accident. The responding officer’s report can document the driver’s condition, any signs of intoxication, and whether alcohol was a contributing factor. If criminal charges are filed against the driver for DUI, that’s even more helpful to your civil claim.

2. Collect Witness Information

If anyone saw the drunk driver being served alcohol or visibly intoxicated at a bar or restaurant, their testimony could be gold. Get their names, contact information, and any details they remember. These individuals can help paint a picture of what happened before the crash.

3. Secure Surveillance Footage

Many bars and restaurants use security cameras. If you act quickly, your attorney may be able to request or subpoena this footage before it’s deleted or overwritten. This video could show a minor being served or a visibly drunk person continuing to receive drinks.

4. Preserve Medical Evidence

Go to a doctor right away, even if your injuries seem minor. Not only is this important for your health, but medical records also provide critical documentation of your injuries and how they were caused.

5. Hire a Personal Injury Attorney Immediately

This is not a case you want to handle alone. Suing a bar or restaurant is complicated, especially under California’s strict dram shop laws. You’ll need a skilled attorney who knows how to investigate, gather evidence, and navigate around the legal obstacles that stand in your way.

Why the Drunk Driver Isn’t the Only One to Blame

It’s easy to point fingers solely at the drunk driver, and rightfully so. Their decision to get behind the wheel impaired was dangerous and irresponsible. But when someone is overserved alcohol, particularly when they’re a minor or already showing signs of extreme intoxication, it’s worth asking: Who let this happen?

Alcohol-serving establishments have a responsibility to serve their patrons safely. While the law may not always hold them accountable, morally and ethically, they should not ignore red flags or put the public at risk just to make a few extra bucks.

When Other Parties May Share Liability

In some cases, there could be multiple parties responsible for the harm you suffered. In addition to the drunk driver and possibly the establishment that served them, liability might extend to:

• An employer who forced an employee to drive while impaired or knowingly allowed a company car to be used for drinking events
• Event organizers who hosted a party where underage drinking occurred
• Friends or hosts who knowingly handed the keys to an intoxicated guest

Your attorney can help identify all potentially liable parties and determine the best legal strategy to maximize your compensation.

What If the Bar or Restaurant Tries to Cover Their Tracks?

Don’t be surprised if the establishment denies everything. They may claim the drunk driver never came in. They might say they checked ID and had no idea the person was underage. They could argue the driver wasn’t showing any signs of intoxication.

That’s why timing is so important. Evidence has a way of disappearing. Employees’ memories get fuzzy. Surveillance footage gets deleted. The sooner you bring in legal help, the better your chances of preserving the truth and proving it in court if necessary.

The Insurance Company Won’t Fight for You, But We Will

One of the biggest mistakes accident victims make is trusting the insurance company to do the right thing. Here’s the harsh reality: insurers are in the business of protecting their own bottom line, not yours. They’ll often:

• Downplay your injuries
• Shift blame to you
• Try to settle fast and low
• Say there’s no way to pursue the bar or restaurant

But they don’t have the final say. With an experienced personal injury lawyer in your corner, you can push back. You can uncover the facts. And you can fight for every dollar you’re owed.

You Deserve Justice, Not Just a Quick Settlement

You’ve been through enough. The pain, the stress, the endless calls from insurance adjusters trying to wear you down. You deserve more than a rushed settlement that barely covers your expenses. You deserve justice.

And sometimes, justice means looking beyond the driver and asking who else contributed to this disaster. Was it the bar that overserved? The manager who looked the other way? The bouncer who let the minor inside?

You may not be able to turn back time, but you can hold the right people accountable. And that starts with knowing your rights and working with someone who knows how to fight for them.

When You're Ready to Fight Back, We’re Here to Help

At Rawlins Law Accident & Injury Attorneys, we know how devastating drunk driving crashes can be. We also know how California’s legal system works and how to make it work for you. While it’s true that California limits lawsuits against bars and restaurants, we don’t stop at the surface. We dig deeper.

We investigate. We gather evidence. We uncover the truth that others try to hide.

Whether you were hit by an underage drunk driver, someone who was clearly over-served, or a person coming from a private party where alcohol was recklessly provided, we’ll explore every legal avenue to help you recover.

And here’s what makes us different:

• We take on the tough cases other firms turn down.
• We never back down from a challenge.
• We travel to you—because we know the last thing you want to do is drive after an accident.
• We’re honest. We’re aggressive. And we’re on your side from day one.

We’re proud to be one of Southern California’s top female-owned personal injury law firms. We’ve helped countless crash victims recover the compensation they need to heal and move forward. And we can help you, too.

Contact us today at (858) 529-5872 or through our online form to discuss your case during a free, no-obligation consultation. 

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