CAR ACCIDENT CAUSED BY DRUNK DRIVER – LAWYERS HOLD BAR RESPONSIBLE
At the Rochlin Law Firm, our Minnesota auto accident attorneys have represented many people injured in a car accident because of a drunk driver. As most people know, alcohol impairs a person’s judgment and reaction time, which can result in deadly consequences when the drunk driver gets behind the wheel of a car and starts driving. Many of our drunk driver auto accident cases involve rear end accidents, but our lawyers have also had many cases where the drunker driver crosses into oncoming traffic causing a head on collision, or runs a red light and hits another car in the intersection.
Are lawyers are successful in getting compensation for our client’s in this situation, but unfortunately there are times when the drunk driver is uninsured or does not have enough insurance to pay for the damages caused to our clients, for example when someone is seriously injured or killed in the accident. In addition to our clients’ underinsured motorist coverage, our MN car accident lawyers also look to the bar that over-served the drunk driver. There have been many cases where our lawyer had to sue the bar that overserved a customer who then caused a car crash or otherwise injured someone because they were drunk.
It is illegal for a bar or liquor store to sell alcohol to a person who is obviously intoxicated. And if a bar does over serve a customer, the bar can be held legally responsible for any injury the person causes, e.g. a drunk driver auto accident. However, proving the bar illegally over-served someone is never easy. The standard for determining whether a person is obviously intoxicated in MN is whether, exercising reasonable powers of observation, one sees or should see that the buyer is intoxicated. Circumstantial evidence can support a finding that a person was obviously intoxicated at the time of sale. To be obviously intoxicated, there must be such outward manifestation of intoxication that a person using reasonable powers of observation can see or should see that such person has become intoxicated. This means a car accident lawyer really needs to have witnesses available to testify about the drunk driver’s behavior at the bar before the car accident.
Although a blood test may be sued to assist a court in determining whether the drunk driver was obviously intoxicated before he left the bar, the test is insufficient in and of itself to establish a case of obvious intoxication. There must be additional evidence from which it could be reasonably inferred that an individual was obviously intoxicated. A high blood alcohol reading alone is not sufficient as a matter of law to establish obvious intoxication.
If you are injured in a car accident by a drunk driver, call us and speak with a lawyer for a free consultation. Our primary focus is to make sure you and your family get full compensation for the injuries caused by the drunk driver car accident. We have offices in Edina, St. Louis Park, Minneapolis, and Woodbury. Our lawyers will also meet with you to discuss your drunk driver car accident case at your home in St. Paul, Roseville, Apple Valley, Burnsville, Lakeville, Forest Lake, Brooklyn Park, Maple Grove, Plymouth, and other cities throughout MN. Our top MN attorneys will work to hold the drunk driver responsible and also hold the bar responsible if possible.