Law

All the Potential Liable Parties in a DUI Accident

Jinal Shah

November 29, 2024
4 min read

All the Potential Liable Parties in a DUI Accident

According to the National Highway Traffic Safety Administration, roughly 32% of traffic crash fatalities are because of drunk driving. Despite driving under the influence being illegal in all states, around one person is killed every 39 minutes because of an intoxicated driver.

When a DUI occurs, it is clear that the intoxicated driver is at fault. However, in some instances, the blame extends beyond the driver, and multiple parties can be held responsible.

With the help of drunk driving accident lawyers, you can understand who can be held liable for damages and compensation victims deserve. When you talk about drunk driving accident attorneys, you cannot ignore the legal professionals at the Wilshire Law Firm. Established in 2007, this award-winning law firm has some of the best lawyers in the country, like H. Gavin Long, Colin M. Jones, and Jon C. Teller, just to name a few. The firm has also won over $1 billion in compensation for their clients.

In this article, we will explore potentially liable parties in a DUI, from the driver to alcohol providers and other parties.

The Drunk Driver

When your BAC (blood alcohol content) is 0.08 or higher, a driver is considered impaired in the US. However, a police officer can arrest you when you have a lower BAC if you are deemed to be noticeably impaired or fall under the zero-tolerance laws.

Driving under the influence impairs judgment, reaction time, and motor skills. This makes the driver negligent and reckless, which are seen as the direct cause of the accident, and can be held liable for injuries and damages sustained.

Apart from civil liability, drunk drivers may face criminal charges, which can lead to:

Penalties such as fines
License suspension
Imprisonment

If the accident results in a fatality, a driver can be charged with serious offenses like vehicular manslaughter.

The Alcohol Provider

The individual or establishment that served alcohol can be liable for a DUI under Dram Shop Laws. Under these rules, bars, restaurants, and liquor stores can be held accountable if they serve alcohol to someone who is intoxicated.

It also applies if you give alcohol to minors. According to the CDC, motor vehicle accidents account for almost half of teenage deaths in the US. Also, plenty of drunk driving accidents occur in the younger demographic.

Social host liability applies to individuals who host private parties and end up serving intoxicated minors. The host may be liable for damages depending on the state. The reasoning behind these laws is that alcohol providers have a responsibility to avoid serving people who pose a danger to themselves and others.

The Employer

If a driver is intoxicated while at work, an employer can be held accountable for DUI under vicarious liability.

For example, if a truck driver causes an accident while intoxicated and operating under the scope of their work, the company they are employed under may face liability.

Employers have a responsibility to take steps to discourage such behavior. This can include:

Conducting continuous routine drug checks
Enforcing workplace alcohol policies
Offering training on the dangers of drunk driving

If an employer doesn’t enforce such measures, they could be negligent, thus liable for the accident damages.

Vehicle Manufacturers and Owners

Vehicle manufacturers can be held accountable if it is found that a car’s defect contributed to the accident. Defects like brakes, defective tires, and malfunctioning airbags can worsen an accident.

For example, if a drunk driver is unable to stop in time due to faulty brakes or a malfunctioning steering wheel. The product liability laws allow the manufacturer of the vehicle or faulty part to be mentioned in the lawsuit. The claim can be based on negligence, breach of warranty, or strict liability.

If the car a driver was driving belonged to another person, the owner can be held liable if they let them drive knowing a person is intoxicated. Also, passengers and other parties who encourage or enable the drunk driver can be held liable.

Conclusion

DUIs are devastating incidents that could lead to injuries, property damage, permanent disability, and even death. By understanding all the parties potentially liable for a DUI accident, victims can explore all ways of seeking fair compensation. A professional attorney will help you ensure all responsible parties are held accountable.