Can a Party Host Be Liable for a Drunk Driving Accident?
If a drunk driver causes a car accident, you may think that the individual who decided to drive while intoxicated is the only person to blame. According the lawyers handling car accidents in Los Angeles, there are certain situations under California law where the person responsible for furnishing the drunk driver with alcohol can be held liable or financially responsible. This includes a party host, in some circumstances.
California Drunk Driving Accident Statistics
Both nationwide and state-specific statistics highlight the prominence of driver intoxication. The California DMV reported that, in a single year, 124,141 people were arrested for allegedly driving under the influence (DUI), and over 88,000 people were convicted of DUI. In 2023, 1,355 Californians died in alcohol-involved vehicle accidents – representing nearly a 55 percent increase over 10 years.
What Are California’s Social Host Liability Laws?
California has a set of statutes known as “dram shop laws” that expose certain parties to potential liability for drunk driving accidents if they contribute to the drunk driver’s intoxication by furnishing him or her with alcohol. However, this type of liability only applies in specific circumstances.
California Civil Code § 1714 states, in summary:
- No social host that furnishes alcohol to someone else can be held legally accountable for injury, death or property damage suffered by the intoxicated individual or a third person resulting from the consumption of those beverages,
- Except when a parent, guardian or another adult knowingly furnishes alcohol at his or her residence to a person who is under the age of 21, and this is found to be the proximate cause of resulting injuries or death.
Under this law, both the intoxicated person who was underage and served alcohol and anyone who was harmed by the intoxicated person have the right to bring a claim against the social host. There must be proof that the social host knew or reasonably should have known that the individual being served was under the age of 21 years old.
Dram Shop Liability in California
In addition to party hosts, alcohol vendors such as bars and restaurants also face potential liability for drunk driving accidents in California. The state’s dram shop laws place legal responsibility for injuries caused by an intoxicated person with a business if it provided alcohol to the person while he or she was already visibly intoxicated and a minor.
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How to Handle a Drunk Driving Accident Claim in California
If you get hurt or a loved one dies in a drunk driving car accident in California, it is critical to understand your rights. You can start by contacting a Los Angeles drunk driving accident attorney near you. A lawyer will carefully review your case and explain your legal rights and options. This includes assessing your ability to hold a party host liable for an underage drunk driver.
If social host liability applies to your case, your lawyer can collect evidence to establish the required elements of proof. This includes proving that the party host knew the drunk driver was under the age of 21, provided the individual with alcohol anyway, and that the consumption of this alcohol was the proximate or main cause of the car accident. An attorney representing injury cases in LA can help you fight for maximum compensation for your related damages, including physical injuries, medical costs, lost wages, property damage, and pain and suffering. Your lawyer will navigate California’s social host and dram shop laws for you to achieve the best possible case results. Meanwhile, you will have the peace of mind to focus on healing from your serious injuries.