According to Idaho dram shop law, any establishment, bar, restaurant, or liquor store must not sell or serve alcohol to an obviously intoxicated patron, and must not sell or serve alcohol to a person under the age of majority. This means that if a minor was served (or if a person old enough to drink was drunk and was served more alcohol) then proceeded to drive and ended up injuring or killing someone in a car accident, the establishment, bar, store, or restaurant can be held liable. The only hang-up with this law is that the server must be served with notice within 180 days of the injury claim. A Boise car accident lawyer can provide significant legal guidance if you or someone you love has been injured or was killed by a drunk driver. In times like this you need an experienced, compassionate, and understanding representative who has a full understanding of Idaho’s dram shop law.
Exceptions to Idaho’s dram shop law include those persons who were in the vehicle with the drunk or underage drunk driver; also no individual who has a connection with the establishment that served the alcohol may sue as a result of injuries suffered. While the state will most likely prosecute the drunk driver, it is very important that you consult with a Boise car accident lawyer for advice on how best to pursue financial compensation for your injuries and losses. A civil court action may be appropriate. In some cases you can seek restitution from the drunk driver as well as his or her insurance company. If the responsible party failed to have enough insurance to cover the damages awarded in a settlement or jury award, or did not have insurance coverage at all, you can also seek compensation through an underinsured or uninsured motorist claim. Of course, the server may also be sued for damages.
It is very important that when you are dealing with Idaho dram shop law that you hire a Boise car accident lawyer who is well-versed in these types of cases. You want to ensure that your rights are protected, that all deadlines are met, and that you receive compensation from all applicable parties. This may include the driver, the insurance company of the drunk driver, your insurance company if the driver failed to have sufficient insurance, and the server of alcohol.
Call NOW for a complimentary, no obligation consultation. If you are recovering from injuries, we can make a home or hospital visit at your convenience.