Can a bar be held liable for a drunk driver? Bars in Nevada generally can’t be held liable for serving a driver who caused an accident and injury, but private social hosts can be.
A Las Vegas drunk driving accident lawyer from H&P Law can help you determine who to sue instead and what evidence may support your claim.
How Dram Shop Law Works in Nevada
The majority of states in the U.S. have what is known as dram shop laws. These laws state that if you’re hit by a drunk driver, you could hold the bar responsible for damages you sustained as a result of them serving the drunk driver, especially if the bar overserved the driver. However, Nevada doesn’t have dram shop laws that allow victims of drunk driving accidents to sue the bar that serves the drunk driver.
Nevada bars that are licensed to sell alcohol are protected from liability, meaning you can’t sue them. They are also generally protected from liability even if they provided an underage drinker with alcohol who then caused an accident. This is also an anomaly compared to the rest of the country. Nevada’s approach to dram shop laws is to the benefit of the state’s strong bar, casino, and resort industry.
Because of the lack of dram shop laws in Nevada, it can limit your options for recovering your losses after you’ve been hit by a drunk driver. While other states allow claims against the offender and the bar establishment, Nevada could limit you to just the driver. Talk to H&P Law to determine who you can pursue a claim against.
The Difference Between a Bar and a Social Host
Nevada distinguishes between bars and social hosts, which impacts liability. For example, a bar is a licensed, public establishment that serves alcohol but is protected from liability under Nevada Revised Statutes § 41.1305. On the other hand, a social host is a private individual who provides alcohol in a social capacity, such as a homeowner who provides alcohol to their guests at a party they’re hosting.
Social hosts enjoy similar protections to dram shops in Nevada and can’t be held liable if they serve alcohol to an individual over the age of 21 who then causes an accident. However, under Nevada social host laws and liability, a social host can be held liable for a drunk driver accident and damages if they knowingly served alcohol to a minor or underage person.
This is the biggest difference between a bar and a social host, since bars are generally protected from liability where underage drinkers are concerned. If you were hit by a drunk driver, H&P Law can help you investigate the circumstances of the crash to determine the age of the driver, how they got access to alcohol, and what options you have as a result of the findings.
Who to Sue if You Can’t Sue a Bar
When you’re hit by a drunk driver and you can’t sue a bar or social host under Nevada law, it’s important to know who you can sue so you’re not left to pay for your losses yourself. Drivers who get behind the wheel after drinking and cause an accident can be held liable for the damages they caused. This means you can file a claim against them for the value of your losses. This is your first course of action.
If a drunk driver was driving someone else’s car at the time of the accident, you could also hold the vehicle’s owner responsible. If a driver was impaired while carrying out their job duties, you could file a claim against the driver’s employer. In some situations, the drunk driver who hit you may also be uninsured or underinsured, in which case you would have to file a claim under your own UM/UIM policy.
H&P Law can investigate the accident and provide clarity on your options for recovery based on the specific circumstances of your accident. Our team takes all factors into account to provide you with trusted counsel that protects your rights and helps you streamline the process of recovering compensation, especially since there’s no bar liability in drunk driving accidents.
Key Forms of Evidence That Can Help You Hold Drunk Drivers Liable
Filing a claim against a drunk driver generally falls under personal injury law. This means that you’re allowed to hold them liable for your losses, but you must demonstrate their fault first. To do this, you need strong evidence that connects their actions to your damages. Police reports, medical records, photos, witness statements, and traffic/dashcam footage can help demonstrate the driver’s fault.
However, since drunk driving is illegal, law enforcement administers sobriety tests at the scene of an accident to verify the offender’s blood alcohol content (BAC). This is one of the aspects of what makes drunk driving accidents different. The results from breath and blood tests can provide strong evidence that you can use in your case since it more conclusively links the other driver to alcohol consumption.
H&P Law can request access to these results during your case. We can use the information within the report to craft a strong argument for the driver’s liability. It allows us to show how they violated their responsibility to keep you safe and caused an accident that resulted in your injuries. This can help us resolve your case and secure a settlement agreement.
Discuss Your Legal Options Today
H&P Law can help you determine your options and course of action when you have been hit by a drunk driver. Our team works diligently to help ensure you can recover as many of your losses as possible so you and your family don’t have to deal with added financial stress.
When you’re unsure who you can sue after a drunk driving accident, schedule a free consultation with our team to learn more.
