Can I Sue a Restaurant or Bar for a Drunk Driving Accident?

If a drunk driver causes a crash that injures you, the driver is clearly responsible, but they might not be the only one. Under Arizona law, you may also be able to hold the restaurant, bar, or establishment that overserved the driver accountable. These are known as dram shop claims.

At Big Auto Accident Attorneys, our team helps victims pursue every responsible party after a drunk driving accident. This article explains how dram shop laws work in Arizona, when a business can be sued, and why hiring an experienced car accident attorney is key to proving fault.

Arizona’s Dram Shop Law Explained

Arizona Revised Statutes § 4-311 allows an injured person to bring a claim against a licensed alcohol vendor (such as a bar, restaurant, or nightclub) if three main conditions are met:

1. The establishment sold alcohol to someone “obviously intoxicated” or under 21 years old,
   
2. The intoxication was a proximate cause of the accident, and
   
3. The injured party suffered damages as a result.

An “obviously intoxicated” person is someone showing clear signs of impairment, slurred speech, unsteady movements, glassy eyes, or aggressive behavior. If a bartender or server ignores those signs and continues to serve alcohol, the business can share in the liability for what happens next.

When a Restaurant or Bar Can Be Held Liable

To win a dram shop claim, your lawyer must prove that the establishment’s actions directly contributed to the accident. Common examples include:

• Overserving a visibly drunk customer who later drives and causes a crash
  
• Serving alcohol to a minor without checking ID
  
• Continuing to serve someone who has already been cut off by another staff member
  
• Hosting a promotional event or “all-you-can-drink” special that encourages excessive drinking

Evidence such as receipts, surveillance footage, witness statements, or employee testimony can all help build the case.

Why These Claims Matter

Drunk driving accidents are devastating, often leaving victims with catastrophic injuries, spinal damage, brain trauma, broken bones, or worse. While the intoxicated driver bears direct responsibility, dram shop liability ensures accountability reaches everyone who played a role.

Restaurants and bars profit from alcohol sales; with that comes a legal duty to serve responsibly. Holding them accountable not only helps victims recover damages but also encourages safer practices within the community.

How Comparative Fault Works in Arizona

Arizona follows a pure comparative negligence system. This means each party involved in an accident is assigned a percentage of fault. For example:

• The drunk driver might be found 80% responsible,
  
• The bar 15%, and
  
• Another contributing factor (like poor road maintenance) 5%.

You can still recover compensation even if multiple parties share the blame, your total damages are simply reduced by your percentage of fault, if any.

Evidence Needed to Prove a Dram Shop Case

Dram shop cases are complex and evidence-heavy. Unlike a straightforward car crash claim, you’ll need to connect the dots between the establishment’s service and the resulting accident. Strong evidence may include:

• Credit card receipts showing time and amount of alcohol served
• Witness statements describing visible intoxication
• Video surveillance from inside the bar or restaurant
• Police reports and toxicology results
• Expert testimony on blood alcohol concentration (BAC) levels and impairment

An experienced drunk driving accident lawyer can use subpoenas to secure this information before it’s lost or destroyed.

Damages You Can Recover

If you were injured in a drunk driving crash involving a negligent alcohol vendor, you may be entitled to:

• Medical expenses (emergency care, surgery, rehabilitation)
• Lost income and loss of earning potential
• Pain and suffering
• Emotional distress and trauma
• Punitive damages, in cases of gross negligence

Families who lose a loved one in such an accident may also pursue a wrongful death claim to recover funeral expenses and loss of companionship.

Time Limits for Filing a Dram Shop Lawsuit in Arizona

In Arizona, the statute of limitations for most injury and dram shop claims is two years from the date of the accident. However, the earlier you begin working with a personal injury attorney, the better. Bars and restaurants often erase security footage or lose records within weeks. Acting quickly ensures critical evidence is preserved.

Why You Need an Experienced Drunk Driving Accident Lawyer

Dram shop cases require both legal skill and investigative power. The restaurant’s insurance company will fight aggressively to avoid paying. You need a law firm with the resources to dig deep, collect evidence, and prove fault beyond question.

At Big Auto Accident Attorneys, our teams know how to hold negligent establishments accountable. We coordinate with investigators, medical professionals, and expert witnesses to strengthen your case and maximize your compensation, all while you focus on recovery.

We work on a contingency fee basis, so you pay nothing out of pocket unless we win.

Contact Big Auto Accident Attorneys

If you’ve been injured by a drunk driver in Arizona, you may have a claim against more than just the driver. Don’t let negligent businesses walk away without consequence.

Call 844 BIG AUTO (844-244-2886) today to speak with a Phoenix drunk driving accident lawyer or visit us in person at:

Big Auto Accident Attorneys 3550 N Central Ave, Suite 550
Phoenix, AZ 85012

Big injuries need big results, and we’ll fight to deliver them.

Content reviewed by managing attorney, Nic Edgson. Nic has been an Arizona-licensed lawyer for more than a decade and focuses his law practice on helping people seriously injured in car accidents and truck accidents. He has represented thousands of clients and recovered more than $50 Million Dollars fighting for their injuries and medical bills. Throughout his legal career, Nic has helped those injured through some of the most difficult times in their lives.