When someone is injured in a drunk driving accident, one of the questions we often get is: “How do you prove that a bar or restaurant overserved the driver?”
The answer is that it takes a detailed investigation.
It is not enough to simply show that someone was drunk after an accident. The key question is whether that person was served alcohol when they were already visibly intoxicated and whether the establishment continued serving them anyway.
How Can You Prove Someone Was Visibly Intoxicated?
To determine whether someone was overserved, we need to gather evidence from multiple sources.
That may include:
- Interviewing witnesses who were at the bar or restaurant
- Reviewing the police report
- Obtaining documents from any criminal investigation
- Gathering surveillance footage from the establishment
- Reviewing receipts or alcohol purchase records
- Obtaining police body camera footage
Today, many police officers use body cameras, and that footage can be extremely valuable.
Often, the accident scene is only minutes away from where the person was drinking. When officers arrive, body camera footage may show how the person looked and acted shortly after leaving the bar.
Were they having difficulty speaking? Were they unsteady on their feet? Did they appear confused or impaired?
That evidence can help answer an important question: Was this person already visibly intoxicated when they were served alcohol?
Can a Person Who Was Driving Drunk Still Have a Claim Against a Bar?
This depends on the facts of the case and the laws in the state where the accident happened.
In many situations, the driver who caused the crash may face serious consequences for drinking and driving. But that does not necessarily mean the investigation ends there.
If a business contributed to the situation by serving alcohol to someone who was already visibly intoxicated, that business may also need to be held accountable.
Every case depends on the evidence.
Why Is It Important to Contact an Attorney Quickly?
Evidence can disappear quickly after an accident.
Witnesses may forget details. Surveillance video may be overwritten. Records may become more difficult to obtain.
When you contact an attorney early, we can begin the process of preserving important evidence and investigating what happened before the crash occurred.
A drunk driving accident investigation should not stop at asking, “Was the driver intoxicated?”
The next question should be:
“How did that person become intoxicated, and did someone continue serving alcohol when they should have stopped?”
What Should You Do After an Alcohol-Related Accident?
If you believe alcohol service played a role in a crash, it is important to investigate quickly.
The evidence needed to prove overservice is often found in the details: what witnesses saw, what surveillance captured, what officers documented, and what happened in the moments immediately after the accident.
At Marciano Legal, we conduct thorough investigations to determine whether a bar, restaurant, or other establishment contributed to a drunk driving accident.
If you have questions about an alcohol-related accident, contact Marciano Legal to discuss your options.
To learn more about Marciano Legal and our liquor liability attorneys, please feel free to contact us online. You can also dial (215) 515-7743 if you need legal help for a claim of your own in Philadelphia or the surrounding area.
