Drunk Drivers
Injury or death caused by a drunk driver is perhaps the most upsetting, anger-provoking of all personal injury cases. The thought of an innocent victim suffering serious or fatal injury at the hands of an irresponsible drunk driver can evoke outrage among members of the community. At McCutcheon & Hamner, P.C., we aggressively pursue claims against irresponsible drinkers and the bars, nightclubs, and restaurants that improperly over-serve them. According to the National Highway Traffic Safety Administration, drunk drivers injured more than 250,000 individuals during 2005. Although the law can never replace a loved one, it does provide a means of recovery for victims.
Victims can sue the drunk driver under the general laws of negligence, but often the drunk driver is either uninsured or underinsured and has few, if any, assets to support a lawsuit. Even if there is no way to pursue recovery against the drunk driver, there may be a way to pursue recovery against the person who provided the alcoholic beverage to the drunk driver. People who serve alcoholic beverages may be liable under Alabama law for damages resulting from the consumption of alcoholic beverages. Code of Ala. § 6-5-71.
Liability may be imposed either under specific state laws ("dram shop acts") or under the general law of negligence . Dram shop acts ("dram" was once a common term for "liquor") are laws that impose liability for negligence on the sellers of alcoholic beverages for sales to persons under the legal drinking age or to those who are obviously intoxicated. Code of Ala. § 6-5-71; Code of Ala. § 6-5-72. A liquor store, bar, or restaurant may be responsible for any damages caused by a person's drinking if it sold alcohol to an underage person or to a person who was obviously intoxicated. Code of Ala. § 6-5-71; Code of Ala. § 6-5-72.
Liability can attach to "social hosts" as well. A social host is an individual who serves alcoholic beverages in a social setting, such as a home or a party, or as where an employer serves alcoholic beverages at a company party. In Alabama, the social host may be held liable for injuries caused by the drunk driver. Code of Ala. § 6-5-71; Code of Ala. § 6-5-72.