Dram Shop Liability in DUI Car Accidents
Driving under the influence (DUI) is an underlying factor in many auto accidents. In car and truck accident cases, a lawyer serving Sterling Heights, Warren, or other areas of Michigan may know of additional sources of compensation besides the at-fault driver that they can pursue on behalf of accident victims.
Michigan first passed a dram shop law 1986. Dram shop refers to a counter or room that sells alcoholic beverages. The majority of states have dram shop rules, which are statutes that hold bars liable for injury caused by intoxicated or underage drinkers whom they served. The Michigan legislature has revised the state’s dram shop rules a number of times, and the way courts rule is subject to established precedents through case laws.
Current Michigan dram shop rule
Michigan Liquor Control Code Chapter 75, Dram Shop Actions (revised in 1998) holds that individuals suffering damage or personal injury from minors or visibly intoxicated persons have a right of action against the dram shop if illegal sale, giving, or furnishing liquor to a minor or a visibly intoxicated person was the proximate cause of their damages and injuries. In addition, spouses, parents, children, or guardians of the individual suffering damages also have a right of action in that person's name against the dram shop.
Understanding proximate cause
Proximate cause is a legal term that means a causal relationship exists between an act and resulting injury, and that without the act the injury would not have occurred. Proximate cause also establishes the act as the primary cause of the injury. For example, prior to the dram shop revision that included proximate cause, a bar could sell liquor and be held strictly liable when an intoxicated person caused an accident. However, if enough time passed between the sale, the intoxication, and the person driving a vehicle, intoxication was not necessarily the reason the person caused the accident. Tiredness, distraction, reckless driving, or other reasons could be the underlying cause. Proximate cause demands proof of a direct correlation between intoxication and accident injury or damages.
Proving a dram shop’s negligence or liability in a car accident requires extensive knowledge of pertinent laws. Sterling Heights and Warren car accident attorneys can help you determine sources of compensation if you suffer injury or damages in a car accident. Especially when injury is serious, be sure to contact an experienced lawyer.
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