What legal rights do I have if I am hit by a drunk semi truck driver?
In general, you have the right to sue a commercial truck driver, the trucking company and others if the driver of the commercial truck was at fault for an accident in which you were injured or a loved one was killed. If the truck driver had been drinking alcohol before the accident, you may also have a dram shop claim against a bar, restaurant or other establishment that served the truck driver alcohol.
What is a dram shop claim?
In 18th Century England, thousands of so-called “gin-shops” sold homemade gin by the dram (about a spoonful). When the King of England decided to tax the sale of gin, these “dram shops” quickly went underground in an effort to avoid paying taxes. Today’s legal system considers any establishment selling liquor illegally as a modern day equivalent of these “dram shops” of the 1700’s. The law holds these establishments responsible for the dangerous actions of an intoxicated person when they have illegally sold liquor to that person. In addition to bars and liquor stores, these establishments can include restaurants, social clubs, and sometimes even private events where liquor is sold.
Generally, “dram shops” are liable when they have violated a law or regulation in the state where the liquor was served. Examples include the following:
- Selling alcohol to an obviously intoxicated customer;
- Selling alcohol without a license to do so;
- Selling alcohol after hours; or
- Selling alcohol to a minor.
I have represented many victims of drunk driving accidents and their families. Our goal in these case – and in all of our cases – is both to help our clients get on with their lives but also to hold accountable all of the parties who caused the harm to our clients. In many cases, that means not only the drunk driver, but also the dram shop whose illegal sale contributed to the accident.
PritzkerOlsen semi truck accident attorneys have experience winning settlements and verdicts against trucking companies whose 18 wheelers cause personal injury or wrongful death.
Tags: Drunk Driver Accident
