When a Bar Is Liable in a Drunk Driving Crash

How a Lawyer Can Prove a Bar’s Liability

Because most drivers in South Carolina only carry $25,000 in liability insurance—the minimum amount required by law, it is often necessary to look for additional sources of compensation in order to cover the extensive medical bills many drunk driving victims face. When we represent drunk driving victims, we always investigate what the driver did in the hours leading up to the crash. If the driver was drinking in a bar or restaurant (or they are underage), we will look for evidence that the bar is liable. Evidence we will look for includes:

• Surveillance or cellphone video. Ideally, we will uncover video footage of the drunk driver in the bar showing signs that they were intoxicated while being served alcohol. South Carolina courts have said that the patron does not have to be visibly intoxicated (i.e., falling off a stool or behaving erratically) in order for the bar to be found liable, so footage of the driver proving that they were served many drinks over a short period of time could be sufficient evidence.
• Receipts. Bar receipts or the driver’s credit card activity could also be used to show how many drinks were served over a given period of time.
• Employee statements. Bartenders and servers who made the decision to serve the patron can be held individually liable, so they might not be willing to talk, but other employees might be willing to tell us what they saw.
• Witness statements. Other patrons can be located and interviewed to learn about what happened in the establishment before the drunk patron left. Did employees offer to call a cab? Did the bartender try to take the driver’s keys? If not, the bar could be liable.
• Blood alcohol testing. An analysis of the amount of alcohol in the driver’s blood can reveal vital information, such as how much they had to drink and how drunk they likely were as they were being served and when they left the bar.

South Carolina businesses that serve alcohol are required to carry $1 million in liability insurance. This is an important source of compensation for victims of drunk drivers who were served in a bar or restaurant.