Laws & Penalties Dram Shop Laws, Drunk Driving Liability & Facts

The number of road traffic deaths in the United States may be decreasing but the number of alcohol related car accident deaths is on the rise. This increase is occurring despite the fact that alcohol related auto accident deaths can be easily avoided. Even DUI and DWI criminal charges and embarrassing public photos of the accused drunk drivers being published does not seem to be a significant deterrent. So what are current laws that address liability for drunk driving?

Dram Shop Laws – Responsibility of Bars and Third Parties

In many states, there are dram shop laws which send a message to the owners of nightclubs, restaurants, bars and to private homeowners. These are all places where people are provided alcohol. According to dram shop laws, those who supply excessive amounts of alcohol to people and allow them to drive can be held liable for car accidents or damage caused as a result. There have been some cases where each establishment that served a drunk driver involved in a car accident was held partly responsible for causing the accident.

Liability and Damages for DUI and DWI

With regard to compensation for drunk driving accidents, each driver or party considered to be at fault can be held liable to an injured party for actual damages suffered. Punitive damages, designed to punish a defendant for extreme wrongful conduct, may award much greater compensation than the actual losses suffered by the victim. Monetary damages typically awarded for injuries resulting from a car accident consist of the following:

• Property damage
• Disability
• Medical expenses
• Pain and suffering
• Disfigurement
• Loss of earnings
• Emotional distress

DUI and DWI Facts and Statistics

Regardless of efforts made by government and other private organizations (such as MADD, Mothers Against Drunk Driving), a tremendous number of deaths continue to occur on the road due to consumption of alcohol. The facts are staggering:

• The National Highway Traffic Safety Administration estimated over 1.5 million arrests occur each year due to DUI and DWI – over 4,000 per day.
• In the United States, alcohol is the most widely abused "drug."
• According to the National Institute on Alcohol Abuse and Alcoholism, the average age that people in the U.S. begin to drink alcohol regularly is 15.9 years old.
  • Almost 50% of adolescents have admitted to have had at least one alcoholic drink by the time they get to eighth grade - over 20% of those in eighth grade have admitted to being drunk.
  • In addition, 20% of 8th grade students admitting to having consumed alcohol within the past 30 days and a 50% consumption rate for 12th grade students.
  • Almost 30% of the 12th grade students who admitted to drinking alcohol estimated doing so about three or more times on average each month.

Even with these statistics, there is never any reason why someone should get into a car and drive after having drunk alcohol. In order to prevent this from happening in the future, there are a number of technologies being developed. However, this will not console the families of victims who have been killed or victims who have been injured by a drunk driver.

In order to ensure that those who drive while drunk are sent a strong message, it is essential that anyone who has been injured aggressively sues for compensation. The families of those who have been killed by a drunk driver should also sue for compensation. There are many experienced lawyers out there who can help you to get the maximum compensation.