If You Are Injured by a Drunk Driver, Who is Responsible?

By David Alexander

The quick and easy answer is, the drunk driver is responsible to pay your damages. If you are lucky, he will be insured, as the law requires. But most people carry only the minimum insurance required in Idaho of $25,000 per person/$50,000 per occurrence, which may not be enough to cover your damages. Collecting additional money directly from the drunk driver is a questionable venture.

But there may be other persons who are also responsible. Many states have laws, called Dram Shop Acts, which make bars and restaurants liable for injuries which are caused by drunk persons to whom they provided alcohol. In Idaho, the Dram Shop Act is very limited — the alcohol seller is only liable under two circumstances:

First, if the drunk driver was underage — and the seller knew or should have known it;

Second, if the drunk driver was obviously intoxicated at the time he purchased the alcohol.

The law also requires that you notify the seller that you intend to bring a claim – and you only have 180 days from the date of your injury to do so. If you wait too long to start gathering the facts you need to hold the seller responsible, you will lost your opportunity to do so.

Also, if you were the drunk driver, or a passenger of the drunk driver, you cannot use the Dram Shop Act to sue the seller.

If you have been injured by a drunk driver, or have any other questions about personal injury law, please give me a call.