Can You Sue a Third Party for Alcohol-Related Accident?

Alcohol-related accidents happen to people who drink excessively to bars or restaurants and then drive back home. Quite obviously a drunken person cannot control the wheel good. When the at-fault driver is drunk and drove being intoxicated, the question arises that the establishment who served alcohol would be held responsible for the legal damages or not. If so happens, you can hire an accident attorney.

The Dram Shop Case

A dram shop legal case is the lawsuit against a restaurant or a bar or a liquor shop or other business selling alcohol or alcoholicdrinks. The liability of the establishment is serving excessive alcohol to one person.

Dram hop cases have two variants – known as first party and third party. Most of the states do not allow the 1st (first) party dram shop cases, let’s check the third party one.

Third Party Dram Shop Cases

When a drunk person injures other person it falls under third party dram shop case. For an example, someone consumes excessive alcohol at a restaurant or at a bar and involves in a car accident afterwards and the injured person sues the establishment serving alcohol instead of the intoxicated person. In most of the states the third (3rd) party dram shop cases are allowed but some states have different opinion on what the wounded one requires proving.

The liability is the key thing. For a car accident, you need to prove the driver negligent but here you need to prove recklessness, intentional conduct based on the state law.

Time Limits to Take Legal Action

If a bartender is serving anyone less than 21 years of age or anyone known as an alcoholic, he or she may have an application for a claim against the establishment for a drunk driving accident.

The dram shop legislation is similar to your law on personal injury liability except that you would sue a third party for alcohol-related damages rather than sue the party that has hurt you directly.

Oklahoma has established a 4-year limitation statute to take legal measures. Should you not file your case within four years of the accident date, the court will probably reject the case.

That is why you need a skilled attorney on your part, who is knowledgeable and knows how to collect compensation in the state Dram Stores Law.

Visit us at The West Law Firm for the accident attorney in OKC. For any legal aid including personal injury, wrongful death, reach us.

**Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.