Many Rochester area personal injury accidents involve intoxicated drivers who were drinking at a bar or attending a private party prior to the collision. These accidents may involve severe injuries, and the drunk driver simply will not have the finances to fully compensate the victim. In some cases, it is possible to also sue the party that provided the alcohol to the driver, although New York law limits the circumstances under which an alcohol provider may be sued. When the driver became intoxicated at a private party – such as a social gathering at a private residence – only under very limited circumstances can the provider be sued if the drunk driver causes a motor vehicle accident. The main exception to this general rule occurs when the drunk driver who caused the injury was a minor. When a private individual provides or makes available alcohol to a minor, he or she may be sued for any injury that minor causes due to his or her intoxication. When the driver was served alcohol at a bar or other commercial business, New York law does allow an injured person to recover damages from that business in some cases. To do so, it must be possible to prove that the business continued serving alcohol to the driver even though he or she was visibly intoxicated. This can be difficult because it is rare that the bartender who served the alcohol will admit that the driver was visibly intoxicated. In cases where independent witnesses can testify regarding the driver’s condition prior to the accident or in cases of extreme intoxication, however, it may be possible to successfully pursue a claim against the alcohol provider in addition to the drunk driver. When someone suffers serious injuries at the hands of a drunk driver, it is important to have an experienced personal injury lawyer who will pursue all potential sources of compensation. Call us at 585-484-7432 for legal help.
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