Can I Sue a Third Party If I Was Injured By a Drunk Driver?

 Posted on June 18, 2024 in Car Accidents

Drunk driving is a major threat to road safety. This is especially true in California, which in 2021 saw the highest number of drunk driving deaths in the country after Texas. In 2023, law enforcement in California made 125,000 arrests related to driving under the influence (DUI). In the same year, there were more than 200,000 DUI-related car accidents.

Injuries from DUI-related accidents are sometimes severe. Victims often seek to claim compensation for those injuries and property damage from the drunk driver. Many states, however, also allow DUI crash victims to claim damages from the third party who served the driver alcohol.

This article will discuss whether California law allows you to sue a third party if you are injured by a drunk driver. If you sustain injuries in a DUI-related collision, contact a California car accident attorney who can explain your options.

Dram Shop vs. Social Host Liability

There are two types of third parties who serve alcohol:

• Dram shops: These are commercial establishments such as bars, clubs, and restaurants that serve alcohol. They are so named because alcohol used to be served in measurement units called “drams.”

• Social hosts: These are non-commercial parties who serve alcohol, such as private individuals. If your neighbor treats you to a few beers at his barbecue, for example, he qualifies as a social host.

In many states, a person who is injured by a drunk person can sometimes sue the dram shop or the social host for damages. This is because people who serve alcohol are seen as having a responsibility for how they dispense a substance which they know can cause damage. Therefore, if a bartender continues to serve alcohol to a patron who is obviously drunk and that patron then causes an injury, the bar may be considered liable.  

Is There a Dram Shop Law in California?

California law does not hold dram shops or social hosts liable for injuries caused by a drunk person to whom they served alcohol. The law does not consider the “furnishing of alcohol” to be the cause of the injury but instead views the “consumption of alcohol” as the cause. In other words, the bar did not cause the injury by serving the alcohol — the driver caused the injury by drinking it.

Where dram shops and social hosts can be held liable, however, is if they serve alcohol to someone under the age of 21 who then causes an injury. If a 20-year-old man has a few beers at a neighbor’s barbecue and then causes an accident, the neighbor can be held liable.

Contact an LA County, CA Car Accident Lawyer

If you were injured by a drunk driver, you may be able to sue a third party depending on the circumstances of the accident. No matter who or what caused the crash, consult a Glendale, CA car accident attorney about claiming compensation from the driver or other parties. At Tahmazian Law Firm, P.C., we have extensive experience dealing with DUI-related injuries. Our skilled and knowledgeable attorneys excel at recovering damages for DUI victims. Call 818-242-8201 today so we can help you claim the most compensation possible.