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May 22nd, 2014

Bar, Nightclub Liability Law: Is the club liable for a DUI car accident?

Question: I was injured in a DUI car accident caused by a driver who came from a nightclub. Is the nightclub liable?

Answer: The answer depends on whether there is sufficient evidence that the club or bar was negligent in serving alcohol. In general, nightclubs and bars can be held liable for DUI car accident cases when there is reliable evidence that either 1. the club/bar served a minor, or 2. the club/bar served alcohol to someone who was already visibly intoxicated. This is alcohol liability law, also known as dram shop law, in both Pennsylvania and New Jersey.

More: DUI Accidents in Philadelphia – Is the Bar/Restaurant Liable?

Conducting the Investigation Early On

As time passes, memories fade and witnesses become harder to locate, especially in the club/bar industry. Crucial witnesses must be identified and tracked down, including:

  • bystanders,
  • customers,
  • waitstaff/servers, and
  • bartenders.

Therefore, it is important to conduct the investigation early on to obtain sufficient evidence.

Related: Pennsylvania Bar & Restaurant Liability for Drunk Driving Accidents-The Importance of Prompt Investigation

Succeeding in a nightclub/bar DUI car accident case usually requires proving how many alcoholic drinks the at-fault driver consumed in the minutes/hours before getting behind the wheel. This means having a blood-alcohol test performed and correctly analyzed.

In a club/bar DUI lawsuit, one issue which commonly arises involves the blood alcohol level of the driver. Therefore, it is important to hire the right expert who will be able to offer the correct analysis showing 1. how many drinks the drunk driver had before the accident, and 2. when the drunk driver had their last drink.

Related content:

Pennsylvania Nightclub & Bar DUI Accident Lawyers

To submit your case for review by our nightclub/bar DUI car accident lawyers, call Click To Call.

Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.