Attorneys who represent victims of drunk driving accidents are often faced with a situation in which the victim suffered serious injuries yet the drunk driver has minimal or even no insurance and has no assets to speak of. In such cases, if the victim's own insurance policy has sufficient underinsured or uninsured coverage it may be possible to pursue that policy. In many cases, however, this policy also has coverage that is insufficient. In those cases the only option left for a recovery commensurate with the victim's injuries is if the drunk driver had been drinking at a bar or other establishment that served the driver the alcohol.
Consider the case in which a drunk driver crossed into the opposing lane and sped his car head on into another car. Both cars were completely totaled in the accident. A passenger in the car hit by the drunk driver suffered facial and skull fractures. The victim required extensive surgery that included screws for the placement of plates to replace the fractured bones.
The driver had a blood alcohol level of .256 or more than three times the legal limit. He was eventually convicted of operating under the influence and of operating so as to endanger. The law firm that handled this matter sued both the driver and the restaurant where the driver had been drinking prior to the
accident.
The law firm was able to demonstrate that a single waitress at the restaurant had served the drunk driver a total of ten beers and two shots in the time span of approximately five hours. The law firm uncovered evidence that the drunk driver had a telephone conversation with his girlfriend during which she told him that he sounded drunk. He continued to be served alcohol after that conversation.
The law firm also retained a forensic toxicologist who concluded that the driver would have demonstrated visible signs of intoxication prior to being served additional drinks. This showed that the waitress not only failed to monitor the amount of alcohol he drank, she failed to take note of signs that he was intoxicated as she continued to serve him drinks. The law firm reported that they were able to secure $20,000, the policy limit of the driver's insurance policy, and secured $1 million from the restaurant's insurance policy.
As this case illustrates, establishing that the establishment that served the drunk driver alcohol is liable can take a really detailed investigation piecing together several pieces of evidence all pointing to the fact that the people serving the drunk driver should have realized the individual was becoming intoxicated and should have stopped serving him. This is where the experience and skill of the attorney representing the victim makes all the difference.
Author Resource:-
Joseph Hernandez is an Attorney focused on catastrophic injury cases. To learn more about how a drunk driving accident can help you visit his website at www.vehicle-accident-law.com.
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