Articles Posted in Dram Shop Claims

Red car with dented door and front fenderMany people who get injured in a car accident aren’t eager to sue the at-fault driver. They don’t want to cause financial hardship for someone else, given that it was an accident and not intentional. However, drivers are required to carry insurance precisely so that the victim does not have to bear the financial losses arising from the accident. The other driver’s insurance company should cover the victim’s losses, and in the event of litigation, will provide an attorney to handle the case.

But what if the other driver doesn’t have insurance? These are challenging cases because a lack of insurance often indicates that the other driver doesn’t have any money. Who is going to compensate you for your injuries?

Other Parties May Be Held Liable

A glass of liquor next to a set of keysIn a study released last month, Georgia ranked 21st out of all 50 states for the most drunk driving fatalities per capita. While it’s good news that Georgia isn’t in the top ten, our state is in the top half with 3.51 deaths per 100,000 people. According to the NHTSA, alcohol-related fatalities accounted for 24% of all car accident fatalities in the state of Georgia in 2017.

Drunk Driving is Negligent Driving

When someone is injured in a car accident, the victim may be entitled to compensation if the accident is the result of someone else’s negligence. Negligence is typically defined as the failure to take reasonable care under the circumstances. If you can prove that the other driver’s negligence caused your injuries, then the other driver can be held liable for your injuries and other losses.

A “dram shop” is the legal term for a bar or any other establishment that sells alcohol to members of the public. As a matter of public policy, many states impose strict liability on establishments that serve alcohol to individuals who cause injuries or death as a result of their intoxication. These laws vary from state to state—some apply to all intoxicated persons, while others apply only to minors. Some limit liability to cases involving intentional conduct on the part of the bartender, while others require only negligent conduct.

Below, we’ll take a look at Georgia’s dram shop law and what you need to prove to establish a claim under it.

Georgia’s Dram Shop Law

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