After a serious drunk driving accident, it’s natural for a victim to blame the intoxicated driver for his or her injuries. After all, the driver is the one who made the decision to drink too much and get behind the wheel. But in some situations, liability may also extend to the bar that overserved the drunk driver — this is called Dram Shop Liability.
In New Mexico and many other states, bars and restaurants licensed to sell liquor can be sued for overserving alcohol to someone who causes an accident after leaving their establishment. These cases can be complex. But with an experienced attorney, victims can receive enough compensation to cover medical costs and recovery expenses.
Dram Shop Laws in New Mexico
Section 41-11-1 of the New Mexico Statutes states that an injured person can hold a licensed alcohol vendor (such as a bar, restaurant, hotel, or liquor store) liable when the vendor sold or served alcohol to a “reasonably apparent” intoxicated person, and that intoxicated person later caused injury, death, or property damage.
To hold the vendor liable, the accident victim must prove that the bartender or server knew the customer was already drunk yet still served them additional alcohol, contributing to the accident. The plaintiff must also prove that the accident occurred due to the customer’s intoxication.
Evidence Required to Prove a Vendor Was Overserving Alcohol
In order to prove that a customer’s intoxication was “reasonably apparent,” the court needs to believe that the bartender or server should have known not to serve them more alcohol. A personal injury attorney can prove this by collecting:
- Witness testimony. Other people in the bar or restaurant can testify that they saw intoxicated behavior in the person who later caused the accident. For example, stumbling, slurring words, or acting belligerent.
- Receipts. This can show the number (and type) of alcoholic drinks the customer was served within a particular time frame.
- Surveillance video. Footage from inside the establishment as well as in the parking lot can prove that the driver was acting intoxicated at the bar or when leaving the bar.
An attorney will also request the police report from the accident. The report will include the officer’s observations and any sobriety tests given to the at-fault driver. This data becomes evidence that the driver’s intoxication caused the crash.
Does a Dram Shop Claim Have to Point to a Specific Bartender?
In many cases, plaintiffs cannot identify the exact server who made the sale, especially when multiple employees were working. That does not automatically defeat the claim. The business itself can be found negligent if there is sufficient evidence that the establishment served the intoxicated patron. The focus is typically on whether the licensed establishment sold or served alcohol to a person who was visibly intoxicated, and whether that unlawful service caused the injuries.
Dram Shop Drunk Driving Accident Liability and Statute of Limitations
New Mexico dram shop liability limits are capped at $50,000 per person or $100,000 per accident for bodily injuries or death. For property damage, the liability limit is $20,000 per accident.
Like other injury claims in New Mexico, there is a statute of limitations for dram shop claims. Victims must file in court within three years of the drunk driving accident, or the court may dismiss the case.
Bar Liability for a Drunk Driver Can Factor Into Compensation for Devastating Accidents
Being hit by a drunk driver can cause debilitating, life-changing injuries and sometimes can be fatal. In cases where the driver flees the scene, is uninsured or underinsured, or does not have substantial assets to cover the costs of injuries and damages, a victim might consider whether someone else is liable to recover the remainder. This is when it’s especially reasonable to contact a personal injury attorney to discuss a dram shop claim.
If you’ve been injured in a drunk driving accident and believe the establishment that served the driver is partially responsible, do not discuss your case with anyone or post about it on social media. Instead, contact the attorneys at Kane Law. We have your best interest at heart and won’t charge a dime until you win your case.
