Poynter & Bucheri Accident Recovery: We Get Results

• $60,000: An overserved patron flees from the police and is struck running across a highway. 
• $950,000: Overserved patron leaves bar intoxicated and crashes into innocent victim causing serious injury 
• $190,000: Overserved bar patron drives the wrong way on the interstate causing crash

When a drunk driver causes an accident that results in severe injuries or even death, victims often don’t realize that Indiana dram shop laws may allow them to seek compensation beyond just the impaired driver. At Poynter & Bucheri Law Firm, our drunk driving accident lawyers help injured victims pursue claims against all negligent parties. This includes establishments that overserved alcohol to someone who was noticeably intoxicated.

According to the Indiana Criminal Justice Institute, alcohol-impaired driving was responsible for 143 fatalities in Indiana in 2022. This accounted for 16.4% of all traffic deaths. Each drunk driving accident victim represents a life forever changed by someone’s decision to drive while intoxicated.

When a drunk driver causes a car accident, both the driver under the influence and the establishment that served them may be held responsible.

How an Indianapolis Dram Shop Lawyer Can Help

Our drunk driving accident attorneys understand the complexities of Indiana’s Dram Shop Act. They know dram shop laws and how to build strong cases against establishments that negligently serve alcohol. We investigate every aspect of your accident to identify all potentially liable parties. This includes gathering police reports, security camera footage, witness statements, receipts, and other evidence that can establish where alcohol was consumed and the conduct of the drunk driver before the accident occurred.

When you work with our law firm, your accident lawyer will handle all communication with insurance companies. They also ensure you receive proper medical treatment, and fight to recover compensation for your injuries. Our personal injury lawyers have extensive experience with dram shop cases. We know how to effectively demonstrate liability under Indiana’s Dram Shop Act and dram shop laws.

The importance of investigating potential dram shop liability in any DUI accident cannot be overstated. Our personal injury lawyers understand how to trace alcohol consumption patterns and build strong evidence for your drunk driving accident case.

What Is the Dram Shop Act?

The Dram Shop Act in Indiana allows injured accident victims to hold commercial establishments like bars, restaurants, liquor stores, and convenience stores liable if they serve alcohol to someone who is already visibly intoxicated and that person later causes a motor vehicle accident. Under these state’s dram shop laws, establishments have a legal duty to stop serving alcohol to patrons showing clear signs of intoxication.

The Dram Shop Act recognizes that businesses that serve alcoholic beverages have a responsibility to the public’s safety. When they continue serving someone who is legally intoxicated and that intoxicated party causes injuries to others in a car accident, the establishment may be held responsible alongside the drunk driver in a personal injury claim.

Understanding the Scope of Drunk Driving in Indiana

According to the Indiana State Police, law enforcement made over 4,100 DUI arrests in Indianapolis and Marion County in 2022. Nearly 28% of these arrests were connected to accidents that resulted in injuries, highlighting the urgent need for both enforcement and accountability from establishments serving alcohol.

Each drunk driving accident victim represents not just a statistic, but an individual whose life was forever altered by someone’s decision to drive while intoxicated.

The personal injury lawyers at our firm have seen firsthand how the consumption of alcohol at commercial establishments contributes to these tragedies. According to NHTSA data, approximately 40% of intoxicated persons involved in serious crashes had been drinking at licensed establishments before their accidents.

When an intoxicated person gets behind the wheel and causes a car accident, multiple parties may share legal responsibility for the resulting serious injuries. Beyond pursuing a claim against the drunk driver, victims can often hold establishments accountable if they negligently served alcohol to an obviously intoxicated person. Our experienced injury lawyers investigate every potential avenue for compensation to ensure all negligent parties are held responsible for their role in causing these preventable tragedies.

Real Impact of Dram Shop Cases

Recent Indiana court decisions have reinforced the importance of dram shop liability in protecting public safety. For example, in 2023, the Indiana Court of Appeals upheld a significant verdict against an Indianapolis establishment that continued serving an obviously intoxicated person who later caused a serious motor vehicle accident. The insurance company initially denied responsibility, but evidence showed the establishment knew or should have known the patron was too impaired to drive.

Types of Dram Shop Cases We Can Handle

Our experienced dram shop lawyers handle various types of alcohol-related accident cases, including:

• Drunk driving accidents involving bars or restaurants that overserved patrons
• Cases against liquor stores that sold alcohol to visibly intoxicated customers
• Claims involving convenience stores that failed to properly check IDs
• Accidents caused by underage drunk drivers who were served alcohol
• Cases where multiple establishments contributed to a patron’s intoxication
• Dram shop claims involving commercial vehicles or delivery drivers
• Wrongful death cases caused by drunk driving accidents
• DUI accidents resulting in catastrophic injuries

We thoroughly investigate each personal injury case to determine exactly where alcohol was consumed and which establishments may have violated Indiana’s Dram Shop Act through negligent service. Our team has extensive experience handling cases where a drunk driver caused severe injuries or death, and we understand the unique challenges in proving dram shop liability. We work diligently to identify all potential sources of compensation for accident victims, including pursuing claims against multiple establishments if the intoxicated person visited several locations.

What You Need To Know About Indiana’s Social Host Law

Beyond commercial establishments, Indiana law also addresses social host liability. If someone hosts a party or gathering, they may be held liable for injuries caused by guests who were served alcohol while visibly intoxicated. This is particularly relevant in cases involving:

• House parties where hosts continue serving clearly drunk guests
• Events where hosts fail to prevent intoxicated guests from driving
• Situations involving the service of alcohol to minors
• Private gatherings where hosts knew or should have known guests were too impaired to drive

Understanding both dram shop and social host liability is crucial for injured victims seeking full compensation after a DUI accident.

How To Establish Dram Shop Liability

To successfully pursue a dram shop claim in Indiana, several key elements must be proven:

• The establishment served alcohol to a visibly intoxicated person
• The server knew or should have known the person was intoxicated
• The intoxication was a foreseeable cause of the injuries
• The accident victim suffered actual damages

Our drunk driving accident attorneys gather various types of evidence to establish these elements:

• Surveillance footage showing the intoxicated party’s behavior
• Witness testimony from other patrons or employees
• Credit card receipts showing alcohol purchases
• Police reports documenting signs of intoxication
• Blood alcohol content test results
• Expert testimony about typical signs of visible intoxication
• Documentation of the establishment’s serving practices and policies

Compensation From a Liquor Liability Claim

Victims of drunk driving accidents may be entitled to significant compensation through a dram shop claim. Recoverable damages often include:

• Past and future medical bills
• Rehabilitation expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Loss of enjoyment of life
• In wrongful death cases, loss of companionship and funeral expenses

Having multiple liable parties through a dram shop claim can increase the likelihood of recovering full compensation, as commercial establishments typically carry substantial insurance coverage.

The Financial Impact of Drunk Driving Accidents

According to the NHTSA, the average economic cost of a drunk driving accident with injuries exceeds $125,000, with catastrophic injury cases often reaching into the millions. For a drunk driving accident victim, medical expenses alone can be overwhelming. The Indiana Department of Insurance reports that in 2022, the average hospital stay for injuries sustained in DUI crashes lasted 5.8 days, with costs averaging $43,000 – and this doesn’t include ongoing rehabilitation or long-term care.

Establishing Patterns in Dram Shop Cases

Our injury lawyers have identified several crucial patterns in successful dram shop claims. Indiana Alcohol & Tobacco Commission data shows that establishments most frequently held liable in these cases include:

• Bars serving during late-night hours (10 PM – 3 AM)
• Establishments with previous alcohol violations
• Venues combining alcohol service with entertainment
• Locations near major highways or entertainment districts

The insurance company for these establishments often argues their staff couldn’t know if a person was visibly intoxicated. However, security footage, witness statements, and receipt records can prove the establishment knew or should have known about excessive alcohol consumption.

Recent Legal Precedents in Indiana

Several recent court decisions have strengthened protections for those filing a personal injury claim under dram shop laws:

• In 2022, the Indiana Supreme Court clarified that establishments can be held liable even if the intoxicated person showed few obvious signs of impairment
• A 2023 appeals court ruling established that bars must track patrons’ alcohol consumed over time, not just assess their current state
• Multiple verdicts have confirmed that commercial establishments can be held liable even when the drunk driver was also served at private locations

Documentation Requirements for Strong Cases

Successful dram shop cases require extensive documentation. Our experience shows the most compelling evidence includes:

• Police reports from the DUI accident scene
• Medical records detailing injuries and treatment
• Credit card statements showing alcohol purchases
• Security camera footage from the establishment
• Witness statements from other patrons or staff
• Expert testimony about responsible serving practices

Understanding Comparative Fault

Indiana law recognizes comparative fault in drunk driving accident cases. An establishment that served alcohol and knew a patron was impaired but continued service might be held liable for a percentage of damages. For example, if a bar was found 40% responsible for a car accident caused by their intoxicated patron, they could be required to pay 40% of the victim’s damages.

Recent Settlement Trends

While every case is unique, our law firm has observed several trends in dram shop settlements:

• Cases involving major injuries typically settle for 2-3 times the medical expenses
• Claims against establishments with prior violations often result in higher settlements
• Insurance companies are more likely to settle when clear evidence exists of the establishment’s knowledge of intoxication
• Multiple-defendant cases (involving both the drunk driver and the establishment) typically result in larger total compensation

Contact an Indianapolis Dram Shop Lawyer Today

If you’ve been injured or lost a loved one in a drunk driving accident, don’t wait to explore your legal options under Indiana’s dram shop laws. Our experienced drunk driving accident lawyers offer a free initial consultation to review your case. We will explain how we can help seek compensation from all negligent parties.

Time is critical in dram shop cases. Evidence of alcohol service and the driver’s conduct needs to be preserved quickly. Security footage may be overwritten, witnesses’ memories fade, and receipts lost if too much time passes after the accident occurred.

Our law firm handles these complex cases on a contingency fee basis. This means you pay nothing unless we recover compensation on your behalf. We have the resources and experience to thoroughly investigate your accident, identify all liable parties, and build the strongest possible case for maximum compensation.

Don’t let drivers under the influence and the establishments that served them escape responsibility for the injuries they’ve caused. Contact our Indianapolis dram shop attorneys today to schedule your free consultation. Call 1-800-265-9881.

If you’ve been injured by an intoxicated person who was overserved at a commercial establishment, don’t wait to seek legal help. Our drunk driving accident lawyers offer a free consultation to evaluate your case and explain all available options for pursuing compensation. We understand the complexities of these cases and how to build strong claims against all responsible parties.

Video Transcript

Hi, my name is Richard Bucheri from Poynter & Bucheri, and today I want to talk about what you need to know about dram shop cases. It is illegal in Indiana to knowingly and serve an intoxicated person, and this applies to both establishment and social hosts. So not only to bartenders at your local pub or restaurant, but also to people that are throwing parties at their house. If a person is visibly intoxicated, you are not allowed to serve them, and if you do, you are responsible for any damages that they may cause to another third person. So I typical situation where this would happen is somebody is at a party or somebody is at a bar, and they basically had way too much to drink. Even if they’ve had too much to drink at another place, if they come into the new place visibly intoxicated, and people at bars and restaurants that are serving alcohol should be trained to recognize when somebody is visibly intoxicated.

If they have that situation occur, then they are not to be serving that person any more alcohol. So if that person gets served alcohol and then ends up getting in their car and driving, and then causing a very serious DUI accident where somebody gets hurt or killed, then not only is that [inaudible 00:01:28] responsible for the accident that they caused, but the person that served them alcohol while they were intoxicated is also responsible to the person that was injured or killed. In fact, this can actually apply to the person themselves that was drinking. So if you knowingly serve somebody that is drunk and then that drunk person hurts themselves, then the bar could be liable for that as well.

So these are all things that need to be immediately investigated in these type of dram shop cases. The reason why this is so important is because oftentimes, a person that gets in their car and drinks and drives and costs an accident does not have adequate insurance to pay for all of the damages that he causes to another person. While he may have minimum insurance coverage or no insurance coverage at all, the restaurant or establishment likely has a commercial insurance policy that would be several hundred thousand dollars or maybe even millions of dollars that could potentially cover a catastrophic injury (silence).