Updated May 23, 2020
Drunk driving accidents are awful and 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 the drunk driver or the dram shop who sold the alcohol to the drunk driver. An experienced Indiana DUI accident attorney can help you determine who acted negligently and build a strong car accident case.
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 consequences of drunk driving in Indiana are quite lengthy, but basic legal penalties include:
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. And 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.
In addition to legal penalties, drunk driving liability laws explain what a person can do legally against a drunk driver. In the unfortunate event of an accident, the drunk driver can be ordered by a court to pay restitution to the victims.
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; they also apply to individuals hosting social events, for example. However, some states do not have dram shop laws.
In Indiana, 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, but they can also file a dram shop claim against the establishment that supplied the negligent driver the alcohol. However, even if the drunk driver is injured in the accident, they cannot file a dram shop claim against the bar.
Dram shop cases are civil cases, so liability is expressed as financial compensation. A variety of types of damages could be compensated, including but not limited to the following:
In Indiana, the timeline to file dram shop claims is two years.
If you or a loved one have been injured as a result of a drunk driving accident, contact an Indianapolis auto accident attorney from Wilson Kehoe Winingham. For thirty years, the lawyers at WKW have handled treacherous cases involving severe injuries sustained in car accidents. We can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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