Can Restaurant Be Sued For Crash Involving Drunk Driver?

Q. I was in an accident caused by a man who had just left a restaurant. His blood alcohol content was measured at .21, which is well over the legal limit of .08.

Will I be able to file suit against the restaurant?

A. You may be able to file against the restaurant for the personal injuries you sustained if you are able to prove that the restaurant was negligent because the staff knew or should have known that the customer would have become intoxicated or more intoxicated through serving him alcohol. 

What other patrons in the restaurant observed would be very important in order to prove that the customer was visibly drunk, so it would be helpful to locate them as soon as possible. 

Acting quickly to gather other helpful information like security tapes and checks for food and beverages that may not be kept for long will help your cause.

Also, strict time limits and other requirements are imposed on people who have sustained personal injuries from intoxicated individuals.

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