When someone causes a crash after leaving a bar, you might wonder if the bar shares some blame. Alabama law allows people hurt in drunk driving accidents to hold alcohol providers responsible in certain cases. To do that, you need to prove the person was overserved.
Look for signs of visible intoxication
Visible intoxication is one of the most important parts of an overserving claim. Signs include slurred speech, unsteady movements, glassy eyes, or aggressive behavior. Witnesses, video footage, and receipts showing repeated alcohol sales can support your case. If a bartender keeps serving someone showing these signs, that can point to overserving.
Gather strong witness testimony
Testimony from servers, other patrons, or people involved in the crash can make a big difference. Their descriptions of the drunk person’s behavior before the incident can support your claim. Ask if they remember how the person acted, how many drinks they had, or if they saw the person stumble, shout, or act confused.
Check surveillance footage and receipts
Many bars and restaurants have security cameras. If available, that footage may show how the person acted and how much they drank. Combine that with receipts showing the amount and timing of alcohol served. This can create a timeline that shows the bar should have stopped serving drinks.
Use expert analysis when needed
Toxicologists or alcohol service professionals can help explain how alcohol affects behavior. They might estimate blood alcohol levels based on time, weight, and the number of drinks. Their input can help connect the bartender’s actions to the person’s impairment.
If you can prove a bar or restaurant kept serving a clearly drunk person, they may share responsibility for the crash. Alabama’s dram shop laws exist to prevent this kind of reckless alcohol service. With the right evidence, you can show the bar played a role.