Yes—a bar can be held liable for a drunk driver in North Carolina under the state’s dram shop laws. The two conditions under which this is possible are if it knowingly served alcohol to an underage person or to someone who was visibly intoxicated and later caused a crash.
If you were hit by a driver operating their vehicle while under the influence of alcohol in North Carolina, the consequences can be dire. However, in some cases, the driver may not be the only one responsible for the collision.
Under certain circumstances, a bar or restaurant that serves alcohol to people who later cause a collision may also share legal liability. It’s not always easy to understand who’s at fault, so it’s important to call a North Carolina personal injury lawyer for help.
North Carolina’s Dram Shop Law
North Carolina does not have a broad civil dram shop statute like other states across the country. Instead, the state allows for limited third-party liability in specific situations.
The two primary circumstances where a bar or alcohol vendor can be held liable in a drunk driving crash are if they serve alcohol to:
- An underage person
- An obviously intoxicated person who then injures someone else
These situations fall under the umbrella of “dram shop” liability, named after the old term “dram,” which refers to a small unit of liquor.
While North Carolina law does not include a comprehensive statute allowing every injured person to sue an alcohol provider, courts have recognized limited liability under theories of negligence and common law.
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Liability for Serving Alcohol to a Minor
North Carolina has strict rules regarding alcohol and minors. More specifically, according to N.C. Gen. Stat. § 18B-302, it is illegal for a bar, restaurant, or person to either sell or provide alcohol to anyone under the age of 21.
This law applies regardless of whether the underage person appears sober or intoxicated at the time of the sale. If a bar serves alcohol to an underage person and then that minor person later causes an accident while intoxicated, the bar may be held civilly liable for resulting injuries.
This liability can extend to injured third parties, such as other drivers, pedestrians, passengers in the underage driver’s vehicle, and—in some cases—even to the underage driver themselves. To establish liability, your legal counsel will need to prove that:
- The establishment sold or provided alcohol to someone under the age of 21.
- The underage person is the one who consumed alcohol.
- The underage person caused the accident as a result of being impaired.
- The plaintiff suffered injuries as a result of the collision.
Criminal vs. Civil Liability
Bars and vendors can also face criminal penalties for violating North Carolina’s alcohol laws. For example, serving alcohol to a minor is a Class 1 misdemeanor under state law. Also, the Alcoholic Beverage Control Commission (ABC) may impose administrative penalties, including:
- Fines
- Suspension
- Revocation of the establishment’s liquor license
However, criminal charges do not automatically lead to civil liability, and vice versa. A bar may face criminal consequences for an illegal alcohol sale, but the victims of a resulting crash must still pursue a separate civil lawsuit to obtain compensation for injuries or losses.
Civil claims are aimed at holding the bar financially responsible for its role in the harm that occurred. Damages in these cases may include:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Funeral costs in fatal crash cases
In especially egregious situations, punitive damages may also be awarded to punish the bar for reckless or willful misconduct.
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Time Limits to File a Claim
Like all civil claims, dram shop cases in North Carolina are subject to statutes of limitation. These deadlines depend on the type of claim being filed.
For instance, personal injury claims must typically be filed within three years of the accident. Wrongful death claims are usually required to be filed within two years of the date of death.
Failing to file within these deadlines can mean you’ll permanently lose the right to pursue compensation altogether. That’s why the sooner you act, the better your chances of seeking justice.
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Contact Us to See if You Can Hold a Bar Liable for a Drunk Driver Collision in North Carolina
If you or someone you love was injured by a driver who was operating a vehicle while under the influence, the road to recovery can feel long and uncertain. These crashes can shatter lives in an instant, but you don’t have to face the aftermath all alone.
Instead, know that DeMayo Law Offices is here for you. As Your North Carolina Law Firm™, we focus on People Over Profits™. We believe that a right without a remedy is just a suggestion™, and that’s why we work toward obtaining a favorable outcome in your case.
We want you to receive fair compensation for the injuries and damages you sustained. With more than 250 years of combined experience, we’ve recovered over $1 billion, and we’ve helped 125,000 people just like you. You deserve answers, and we’re here to fight for accountability.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
