Drunk driving contributes to a significant number of road accidents in the US. In fact, about 31% of road accident fatalities in the US occur due to drunk driving. Sadly, Philadelphia is no exception to this. While alcohol consumption is the root reason behind drunk driving accidents, a drunk driver alone cannot be held liable for the accident.

Along with the drunk driver’s erratic actions, a business that served alcohol to the intoxicated individual may also be held liable for the accident in Philadelphia as per the provisions of Dram Shop laws. Therefore, People prefer hiring A Philadelphia dram shop attorney to cope with the legal implications of a drunk driving case.

The drunk driver alone may not always be the one at fault.

The primary cause of the accident in a drunk driving case is always the drunk driver. However, the Dram Shop law states that the establishment selling or serving alcohol can also be held liable for the personal injury caused by drunk driving.

According to the law, establishments like pubs, clubs, bars, taverns, etc., have a duty of care to ensure that patrons do not become overly intoxicated. If an establishment fails this duty, it can be held liable for negligence.

• They are knowingly serving or selling alcohol to an already intoxicated individual.
• They are knowingly serving or selling alcohol to a minor.

Factors determining the fault

The onus of providing compensation in a drunk driving case lies on the party liable for causing the accident. The following needs to be established to secure compensation when determining the fault in drunk driving cases-

• Negligence of the alcohol serving/ selling establishment led to the intoxication of the driver and later translated into the accident.
• The negligence of the drunk driver caused an accident due to reckless driving, overspeeding, swerving, etc.
• ‘Actions of the drunk driver, such as traffic rule violation, were responsible for causing the accident.
• Plaintiff sustained injuries and damages as a result of the accident that the drunk driver caused.

What to do after a drunk driving accident?

Filing the claim and securing compensation after a road accident requires following specific procedures and may take some time. However, here’s what you need to do right after a drunk driving accident to ensure your safety and claim compensation.

• Seek medical attention and call 911.
• Exchange information with the other driver.
• Click pictures of the accident scene and injuries, and document the accident.
• Intimate the local law enforcement about the accident and obtain a copy of the police report.
• Contact your insurance company and lawyer.

As per the Dram shop laws, establishing the liability of the alcohol-serving establishment would help you secure compensation for medical expenses, lost wages, pain and suffering, damage to property, etc.