You know exactly who is to blame for a drunk driving car crash. The impaired driver who got behind the wheel after they had too much to drink has no one to blame for that decision but themselves. However, there are occasions where those hurt by a drunk driver need to pursue legal compensation for injuries.
The driver may not have much property in their own name or adequate insurance to offset the damages they caused. If the circumstances immediately prior to the crash meet certain legal requirements, those hurt by drunk drivers in Mississippi may be able to bring a dram shop claim against a business.
When the waitstaff lies about the drink
If staff members told someone that a drink was non-alcoholic but then served them a beverage with alcohol, that driver may have had more than they should have or would have if they were aware of the actual recipe. If someone did not know that the drink they bought contained alcohol because of lies or misrepresentation, the business may have some liability for the crash they later caused.
When staff serves someone visibly drunk
Mississippi state law clearly states that it is the decision to over consume alcohol, not the decision to sell it to the public, that causes drunk driving car crashes. However, businesses can directly contribute to drunk driving crashes when they violate state alcohol service laws.
The dram shop law in Mississippi may allow those hurt by a drunk driver to take action against a bar or restaurant that serves alcohol to someone who was visibly intoxicated at the time they placed their order.
Given that businesses often have more assets and bigger insurance policies, a dram shop claim could be a very important form of protection for someone trying to cope with the financial consequences of a drunk driving crash. Exploring all of your options after a drunk driving crash leaves you hurt or totals your vehicle can help you recoup the losses you suffered.