Drunk driving accidents are awful, and they’re unpredictable. If you or a loved one are victims of a drunk driving accident, how do you know who’s liable?
In Indiana, liability can fall on either the drunk driver or the dram shop who sold the alcohol to the drunk driver. If you familiarize yourself with the following dram shop liability laws in both the U.S. and Indiana, you’ll be more prepared once you hire an accident attorney.
Drunk Driving Laws in the U.S.
Drunk drivers face a litany of penalties determined by the harm caused, by the potential harm caused, and also by the driver’s history. The specific legal consequences of drunk driving are quite lengthy, but basic legal penalties include:
- Misdemeanor to felony charges
- Fines between $500 and $10,000
- License suspension from 90 days to 2 years
- Jail or prison sentences ranging from 10 days to 20 years
Merely getting behind the wheel of an automobile while legally intoxicated can result in both license suspension and fines. Indiana drunk driving laws are strict (as they should be), and the punishments for sequential offenses get worse and worse. Drunk driving doesn’t just have legal ramifications. Death caused from drunk driving causes tremendous emotional trauma to everybody involved, loss of loved ones is a pain unlike any other.
What are Drunk Driving Liability Laws and Outcomes?
In addition to the legal penalties briefly mentioned above, drunk driving liability laws explain what a person can do legally against a drunk driver. In the unfortunate event of an accident caused by a drunk driver, he or she can be ordered by a court to pay restitutions to the victims.
What are Dram Shop Liability Laws?
A dram shop is any entity selling or giving alcohol. The laws revolving around dram shops do not exclusively apply to actual “shops” or businesses; the laws also apply to individuals hosting social events, for example. However, some states do not have dram shop laws.
Indiana Dram Shop Laws
In Indiana, simply put, a dram shop can be held liable for accidents caused by an individual they served alcohol to. These laws help keep the roads safer and help deter irresponsible serving habits.
If a bartender continues to serve an obviously drunken person alcohol, the risks of that drunken individual on the road are assumed by both the driver and the bartender’s establishment. Not only can victims of the possible accident file personal injury claims against the drunk driver, they can also file a dram shop claim against the establishment that supplied the negligent driver the alcohol. Even if the drunk driver is injured in the accident, he cannot file a dram shop claim against the bar.
What are the Outcomes of a Dram Shop Case?
In Indiana, the timeline for to file dram shop claims is 2 years. Dram shop cases are civil cases, so the liability is expressed as financial compensation. Things such as lost wages, pain and suffering, medical bills, or damaged property can be reimbursed in these suits.
WKW Accident Attorneys Can Help After Your Drunk Driving Accident
For the last 30 years, the accident attorneys at Wilson Kehoe Winingham has handled treacherous cases involving severe injuries sustained in car accidents. If you or a loved one have been unlawfully injured in a drunk driving accident, allow us to review your case for free. Give us a call at 317-920-6400 or fill out the contact form below.
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