Were you injured in an accident involving a drunk driver in Indianapolis, IN? An experienced Indianapolis dram shop liability lawyer at Rob King & Associates, Trial Lawyers can help. Contact our law office by calling (317) 916-0000
Are you struggling to recover full compensation for your injuries? Fortunately, you may have options. A “Dram Shop” case is one that attempts to trace a drunk driver’s alcohol consumption back to the store, business, or bar that furnished the alcohol. We can help you determine whether the bar or restaurant that sold the alcohol can be held accountable.
Our team has over 40 years of experience in personal injury law. We’ve been fighting for clients like you since we opened our doors more than two decades ago–and now we’re ready to help you fight for the money you deserve.
You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Contact our law offices in Indianapolis, Indiana, at (317) 916-0000 to learn more about how our experienced lawyers can help with your financial recovery. We offer free consultations, so there’s never any risk or obligation.
How Can Rob King & Associates, Trial Lawyers Help After an Accident in Indianapolis
Drunk driving accidents are much too common. Unfortunately, drunk drivers don’t always have the insurance or assets to cover a victim’s losses. It’s important to understand your legal options.
The party who served the intoxicated driver may also be accountable. That said, they won’t be quick to accept fault. Their insurance companies will fight tooth and nail to avoid paying the compensation you deserve.
An experienced Indianapolis personal injury attorney at Rob King & Associates, Trial Lawyers, can help. We’ve recovered millions of dollars on behalf of accident victims.
Our experienced attorneys will use our skills to:
- Conduct a detailed investigation and collect evidence
- Identify all parties who may be liable for your injuries
- Assess your damages
- Determine how much compensation you deserve
- Hire experts to strengthen your claim
- Negotiate fiercely for the full compensation you deserve
Remember, someone other than the drunk driver may be legally obligated to pay your damages. To learn more, call our Indianapolis personal injury lawyers for a free consultation today.
Indiana Dram Shop Liability Laws: An Overview
The word “dram” dates back to the 15th century. Historically, a “dram” was a unit of measurement for a small amount of alcohol sold by an establishment to a patron. The term “dram shop” refers to any establishment that sells alcoholic beverages, including bars, restaurants, nightclubs, retailers, etc.
Dram shop laws serve to hold these establishments responsible when they’re negligent about serving alcohol to patrons. It may seem surprising that someone other than the drunk driver could be liable for injuries caused by that drunk driver. Think of dram shop liability as a type of negligence. Bars and restaurants make a profit by serving alcohol–and it’s only fair that they should be accountable when they over-serve a patron and someone else is harmed because of that.
When Are Dram Shop Liability Laws Relevant?
Dram shop liability often becomes relevant in drunk driving cases involving serious injuries or uninsured motorists. The establishment may have greater financial resources to cover your costs. For example, you may decide to pursue compensation from the bar or restaurant in cases where:
- The drunk driver did not have car insurance or was underinsured
- Your damages exceed the drunk driver’s policy limits, and the driver doesn’t have sufficient resources to pay
- You caused injuries to yourself because the establishment continued to serve you while intoxicated
Proving dram shop liability can be incredibly complicated. It can be tough to know whether the bar or restaurant was negligent. Fortunately, our attorneys in Indianapolis have an in-depth understanding of the law. We know how to help you win your case, so give us a call today.
What Do I Have to Prove to Win a Dram Shop Liability Case in Indianapolis?
To recover compensation under Indiana’s dram shop liability law, you must prove:
- The defendant furnished the alcohol, whether by bartering, delivering, selling, exchanging, providing, or giving away
- The defendant had actual knowledge that the recipient was visibly intoxicated at the time they provided the alcohol
- The recipient’s intoxication was a proximate cause of the injury, death, or damage involved in the claim for compensation
Indiana’s liquor liability law applies to anyone who furnishes the alcohol. In other words, Indiana doesn’t distinguish between for-profit establishments and social hosts.
Many states hold establishments liable for damages caused by underage drinkers. Indiana doesn’t make that distinction. The law applies equally regardless of whether the drunk driver was of legal drunk age.
While Indiana dram shop laws have been created the Indiana legislature, a common law negligence action may also be available for a victim of a drunk driver to obtain compensation. A common law negligence action is one that is founded on case law, and not legislatively created law. Rob King & Associates, Trial Lawyers can evaluate your case and pick the legal course that will be right for you.
What Types of Evidence Can Help Prove My Dram Shop Liability Case?
Proving the establishment had actual knowledge of the drunk driver’s intoxication can be tricky. A person may be considered “visibly intoxicated” for purposes of the law if that person:
- Slurs their speech
- Has glassy eyes
- Has difficulty speaking
- Staggers, trips, or has difficulty walking
- Displays aggressive, belligerent, or inappropriate behavior
- Passes out due to the alcohol
Our lawyers can help you search for the evidence you need to prove your case. Contact us today to learn more about Indiana’s liquor laws and how we can fight for the compensation you deserve.
What is My Indianapolis Dram Shop Liability Injury Case Worth?
The value of any personal injury claim tends to hinge on the severity of the injuries. Other factors to consider as we assess your case value include:
- How the injuries will impact your life
- Your financial expenses, including medical treatment costs, rehabilitation, vehicle repairs, etc
- Anticipated future expenses
- Your lost wages while you recover
- The injury’s impact on your future earning potential
- The strength of the evidence
- The nature of the at-fault establishment’s actions
Even after establishing liability, you’ll have to prove the value of the damages you have suffered. It’s critical to have an experienced Indianapolis dram shop liability attorney in your corner every step of the way. Schedule a free consultation with our team today to learn more about your case value.
What Types of Damages Are Available to Drunk Driving Accident Victims in Indianapolis?
As in any car accident injury case, you can pursue compensation for economic damages and non-economic damages. Indiana law allows victims to recover compensation that makes them “whole” again after an accident.
Examples of the types of damages you may be entitled to recover include:
- Past and future medical expenses
- Lost wages and employee benefits
- Lost future earning potential
- Physical therapy
- Rehabilitation
- Counseling
- Property damage
- Pain and suffering
- Emotional distress
- Depression
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium in fatal injury cases
Victims in drunk driving cases may also be entitled to punitive damages. Punitive damages may be awarded in cases where the defendant’s acts clearly deserve punishment.
Can I Recover Damages If I’m Also Being Blamed for a Car Accident Caused By a Drunk Driver in Indiana?
Believe it or not, it’s possible that someone could blame you even if you were injured because of a drunk driver. For example, say you were sending a text at the time of the accident. That could give the other side grounds to pin some blame on you.
Under Indiana’s modified comparative negligence law, you’re barred from recovering damages once your share of fault is greater than 50%. Share less fault, and your compensation will be reduced according to your percentage of blame. For example, if you are 40% to blame, your compensation will be reduced by 40%. However, if you are 60% responsible, you can’t recover at all.
Our Attorneys in Indianapolis Will Stand Up and Fight to Recover Compensation for All of Your Injuries
Drunk driving accidents have the potential to cause a wide range of injuries. At Rob King & Associates, Trial Lawyers, we have the skills to handle any type of injury case, including those involving:
- Traumatic brain injuries
- Burns
- Amputations
- Broken bones
- Concussions
- Dislocations
- Shoulder injuries
- Soft tissue damage
- Spinal cord injuries
- Head and neck injuries
- Whiplash injuries
- Internal bleeding
- Organ damage
- Paralysis
- Catastrophic injuries
If you lost a loved one in a fatal drunk driving accident, you can count on our wrongful death lawyers in Indianapolis. We’ll do everything we can to help your family get justice.
How Long Do I Have to File a Personal Injury Lawsuit After a Drunk Driving Accident in Indiana?
Under Indiana law, you have two years from the date of an injury to file a lawsuit. The two-year statute of limitations period starts on the date of your accident. After two years, you lose your right to sue.
Keep in mind that proving dram shop liability cases is difficult. If you were injured by a drunk driver, call our experienced attorneys today. We’ll start our investigation and identify all sources of compensation in your case.
Contact an Indianapolis Dram Shop Liability Lawyer for a Free Consultation
Drunk driving accidents in Indiana are much too common. All parties who allow these accidents to occur should be held accountable. If you were injured, reach out to an Indianapolis dram shop liability lawyer to learn about your options today. At Rob King & Associates, Trial Lawyers, your consultation is always free of charge.