Drunk Driver Collision – Can I Sue the Bar?

beer on a bar
We often are asked by clients if they can sue a bar, restaurant, or business for over-serving a person that caused a drunk driving related accident.
The answer is “YES”.

South Carolina does not have a statutory law known as a “dram stop statute” like many states have enacted governing civil liability for alcohol sales. Rather, through common law, the South Carolina Supreme Court has established legal precedent that allows injured victims to pursue recovery from alcohol-related accidents by creating a duty of care based on statutory laws that govern the sale of alcohol. For example, S.C. Code Ann. §61-4-580(1) prohibits the sale of alcohol persons under the age of 21 and S.C. Code Ann. § 61-4-580(2) prohibits the sale of the sale alcohol to an intoxicated person.

Most lawsuits filed against bars, taverns, and restaurants assert a theory of negligence that relate to selling alcohol to intoxicated persons. These lawsuits are based on the fact that it is illegal to sell alcohol to a patron if a server knows, or should have known, that the patron is intoxicated. Likewise, a convenience store may be liable if it sells beer to someone underage, and that underage person gets behind the wheel after drinking, causing a serious collision resulting in injury or death.

While South Carolina does not have a specific “dram shop” statute, in July 2017, a new law came into effect in that requires all bars and restaurants that serve alcohol past 5:00 p.m. to carry at least $1 million ($1,000,000) in liquor liability insurance. This statute amends current state alcohol licensing and permit laws by noting that businesses seeking a new permit or to renew an existing one will be affected by the law. The important consideration of this new law is to allow victims to recover due to liability caused by the wrongful serving, consumption, or use of alcoholic beverages. This is especially true because many drunk drivers do not have enough insurance coverage or personal assets that are collectable to pay for the serious harm. Often times, the only way to fully recover for the harm of a drunk driver is to bring a legal claim against the businesses that profit and promote this illegal behavior.

Attorneys that Sue Bars and Drinking Establishments in South Carolina

The Goings Law Firm is known in the legal community for successfully winning lawsuits against bars, restaurants, convenience stores, and drinking establishments. We seek justice against the businesses that profit and promote intoxicated behavior. If you or a family member have been injured or killed by a drunk driver in an automobile accident, call us to explore a legal action against the businesses that enabled that wrongful conduct. Contacting us today is important so that we can begin our investigation and gather critical evidence to help establish liability before it gets lost or destroyed. Contact the attorneys at the Goings Law Firm by calling us at (803) 350-9230 or through our contact page immediately for a FREE consultation.


Nearly Half of All Fatal Crashes in SC Result from Drunk Driving


South Carolina Ranks #2 Worst Drivers in United States as a Result of Drunk Driving Statistics

Car crashes are a leading cause of death in the US and were expected to cause around 40,000 deaths by the end of 2018.

To put it plainly, America’s roads are dangerous. Texting behind the wheel is a major reason for many traffic fatalities, and it’s only getting worse. In 2016, 3,450 people were killed by distracted driving. Plus, cheap gas and a strong economy means America’s 222 million licensed drivers are driving more than ever. More people on the road leads to more accidents and citations.

South Carolina was ranked No. 2 on QuoteWizard’s list for “Best and Worst Drivers” across the United States. Last year, the State of South Carolina came in at No. 4, but an increase in DUIs brought it up in the rankings. Nearly half of all fatal crashes in South Carolina are because of drunk driving, according to the study. Drivers can blame an increase in DUIs for the jump from last year’s rank as the fourth worst drivers to the second worst drivers this year.

However, South Carolina didn’t nab the top spot when it comes to bad drivers — that was Maine; with Nebraska, California and North Dakota rounding out the Top 5.

Rankings for this study by QuoteWizard was determined by accidents, speeding tickets, DUIs, citations and fatalities in each state throughout the year.

The Goings Law Firm is committed to fighting drunk drivers in Court for the harm their cause to innocent people on the roads.  We have been awarded large verdicts and settlements for our clients against drunk drivers, and if you or a loved one has been injured or killed by a drunk driver, you may be entitled to financial compensation.  Call us today at (803) 350-9230 for a Free Consultation to see if we can help you.


Alcohol-Impaired Driving Results in Fatalities or Serious Injuries in South Carolina

South Carolina ranks as the 2nd worst in DUI related fatalities in the nation based on National Highway Traffic Safety Administration’s (NHTSA) National Center for Statistics and Analysis. Drunk drivers kill innocent people, or result in serious injuries that have devastating effects on families. It is illegal to operate a motor vehicle in South Carolina with a blood alcohol content of .08 or higher. In fact, all 50 States, the District of Columbia, and Puerto Rico have by law set a threshold making it illegal to drive with a BAC of .08 g/dL or higher. In 2017 there were 10,874 people killed in alcohol-impaired- driving crashes, an average of 1 alcohol-impaired-driving fatality every 48 minutes. These alcohol- impaired-driving fatalities accounted for 29 percent of all motor vehicle traffic fatalities in the United States in 2017. Of the 10,874 people who died in alcohol-impaired-driving crashes in 2017, there were 6,618 drivers (61%) who had BACs of .08 g/dL or higher. The remaining fatalities consisted of 3,075 motor vehicle occupants (28%) and 1,181 nonoccupants (11%).

Based on national data related to alcohol impaired driving in 2017, the NHTSA has set forth the following “key findings:

Key Findings

  • In 2017 there were 10,874 fatalities in motor vehicle traffic crashes involving drivers with BACs of .08 g/dL or higher. This totaled 29 percent of all traffic fatalities for the year. (Note: It is illegal in every State to drive with a BAC of .08 g/dL or higher.)
  • An average of 1 alcohol-impaired-driving fatality occurred every 48 minutes in 2017.
  • The estimated economic cost of all alcohol-impaired crashes (involving alcohol-impaired drivers or alcohol- impaired nonoccupants) in the United States in 2010 (the most recent year for which cost data is available) was $44 billion.
  • Of the traffic fatalities in 2017 among chil- dren 14 and younger, 19 percent occurred in alcohol-impaired-driving crashes.
  • The 21- to 24-year-old age group had the highest percentage (27%) of drivers with BACs of .08 g/dL or higher in fatal crashes compared to other age groups in 2017.
  • The percentage of drivers with BACs
    of .08 g/dL or higher in fatal crashes in 2017 was highest for fatalities involving motorcycle riders (27%), comparedto passenger cars (21%), light trucks (20%), and large trucks (3%).
  • The rate of alcohol impairment among drivers involved in fatal crashes in 2017 was 3.6 times higher at night than during the day.
  • In 2017 among the 10,874 alcohol- impaired-driving fatalities, 68 percent (7,368) were in crashes in which at least one driver had a BAC of .15 g/dL or higher.

There is some good new too — Fatalities in alcohol-impaired-driving crashes decreased by 1.1 percent (10,996 to 10,874 fatalities) from 2016 to 2017. Alcohol- impaired-driving fatalities in the past 10 years have declined by 7 percent from 11,711 in 2008 to 10,874 in 2017. The national rate of alcohol-impaired-driving fatalities in motor vehicle crashes in 2017 was 0.34 per 100 million vehicle miles traveled (VMT), down from 0.35 in 2016. The alcohol-impaired-driving fatality rate in the past 10 years has declined by 13 percent, from 0.39 in 2008 to 0.34 in 2017. At the Goings Law Firm, we believe that one DUI related fatality is one too many. Drinking and driving have consequences, and it’s our mission to make sure at the drunk driver pays for the injuries and harm they inflict on the innocent. If you or a loved one has been a victim of a drunk driver related motor vehicle crash, call us today for a free, no obligation, consultation– the number is 803-350-9230.

Source: National Center for Statistics and Analysis. (2018, November). Alcohol- impaired driving: 2017 data (Traffic Safety Facts. Report No. DOT HS 812 630). Washington, DC: National Highway Traffic Safety Administration.

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812630