Drunk driving accidents often leave victims with severe injuries and long-lasting consequences. After such a tragedy, it’s natural to wonder who is responsible for the damage caused. While the obvious answer may seem to be the drunk driver, liability can extend beyond them.
In New Mexico, bars, clubs, and other establishments that serve alcohol—also known as dram shops—may also be held accountable under the state’s dram shop laws. Understanding how dram shop liability works can offer victims and their families an additional avenue for pursuing much-needed compensation after a drunk driving injury or death.
New Mexico's Dram Shop Laws
New Mexico has specific laws governing dram shop liability. Under these laws, a bar or club may be held liable if they serve alcohol to a visibly intoxicated person, and that person later causes harm, such as a drunk driving accident. The key factor is proving that the establishment served the person despite clear signs of intoxication.
Signs of intoxication may include slurred speech, impaired motor skills, or erratic behavior. If the bartender or server should have reasonably known that the person was intoxicated and still continued to serve them alcohol, the bar or club may face legal consequences. These laws are intended to encourage businesses to monitor patrons’ alcohol consumption and take action when someone appears overly intoxicated.
However, dram shop claims can be challenging to prove. Evidence, such as eyewitness testimony or video footage, is often necessary to show that the bar or club served the intoxicated person before the accident occurred.
How Dram Shop Liability Works in Personal Injury Claims
If you were injured in a drunk driving accident, dram shop liability may allow you to pursue compensation from both the drunk driver and the establishment that served them. This type of claim works alongside a personal injury lawsuit against the driver.
In a dram shop case, you would need to demonstrate that the establishment served the drunk driver despite obvious signs of intoxication. It’s important to gather evidence as quickly as possible, including receipts, witness statements, or surveillance footage from the bar. This information can help strengthen your claim and show that the bar failed to meet its duty to refuse service to the intoxicated person.
A successful dram shop claim can provide compensation for medical bills, lost wages, pain and suffering, and other damages resulting from the accident. It also holds businesses accountable for their role in enabling dangerous behavior.
Contact Us for Legal Assistance
If you or a loved one was injured in a drunk driving accident, you don’t have to face the legal process alone. Navigating dram shop liability claims can be challenging, especially when you’re recovering from serious injuries. Our experienced legal team at Michael J. Doyle, Attorney At Law understands New Mexico's dram shop laws and is ready to fight for the compensation you deserve. We can help you gather evidence, identify liable parties, and hold bars and clubs accountable for their role in your accident.
Your recovery is our priority, and we will work tirelessly to ensure you receive fair compensation for medical bills, lost wages, and pain and suffering. Let us handle the legal complexities while you focus on healing.
Contact us today to learn more and schedule a consultation.