Being involved in a drunk driving accident is a traumatic experience that comes with physical, emotional, and financial burdens. Being a victim of such an incident, it’s natural to wonder who can be held liable and how to seek justice. Understanding your legal options is key to ensuring that your rights are protected and that you receive the compensation you are entitled to under South Dakota law.
Below, we provide a clear breakdown of who you can sue in the aftermath of a drunk driving accident, helping you understand where liability may lie.
The Drunk Driver
The primary person held accountable in most drunk driving accidents is the intoxicated driver. By operating a vehicle under the influence of alcohol, they not only endanger their own lives but also the lives of others on the road. South Dakota law establishes clear limits on blood alcohol concentration (BAC) levels, making it illegal to drive with a BAC of 0.08% or higher for most drivers and 0.02% for drivers under the age of 21.
If the drunk driver’s negligent or reckless actions caused the accident, you have the right to file a personal injury lawsuit against them. Compensation may cover:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering, and more
It’s important to work with an experienced attorney to ensure all damages are accounted for.
The Bar, Restaurant, or Social Host (Dram Shop Liability)
South Dakota’s laws regarding liability for alcohol providers are more limited compared to some other states. There are no dram shop laws here. However, in certain circumstances, can hold establishments or social hosts responsible for serving alcohol to individuals who later cause harm.
For example:
- Establishments such as bars and restaurants may be liable if they knowingly served alcohol to an underage individual or an obviously intoxicated person who then drove and caused an accident.
- Social hosts who provide alcohol to minors may also face liability if the minor becomes intoxicated and causes harm while driving.
While these claims can be more challenging to pursue in South Dakota due to specific legal requirements, an attorney with expertise in drunk driving litigation can determine if dram shop liability applies in your case.
Employers of the Drunk Driver
If the drunk driver was acting within the scope of their employment at the time of the accident, the employer may also bear legal responsibility. This is known as vicarious liability, which allows victims to hold employers accountable for the actions of their employees under certain conditions.
For example:
- If a delivery driver consumed alcohol while on the job and caused an accident, their employer could potentially be sued for negligent hiring, improper supervision, or failure to enforce workplace alcohol policies.
Each case is unique, and determining whether an employer is liable requires a thorough investigation and a skilled legal approach.
Manufacturers or Sellers of Defective Objects
While less common, it’s possible that a drunk driving accident may involve a defective product, such as a malfunctioning seatbelt, airbag, or vehicle component. If the injuries you sustain are compounded by a product defect, the manufacturer or seller of the defective item may be held liable through a product liability claim.
Such claims are independent of the drunk driver’s actions and focus on the negligence of companies in ensuring the safety of their products.
Other Potentially Responsible Parties
Each accident is unique, and additional parties may share responsibility depending on the circumstances. For example:
- Car Owners: If the vehicle involved in the accident was lent to the drunk driver knowingly, the owner of the vehicle might be held liable under certain conditions.
- Local Governments: If hazardous road conditions contributed to the accident, a claim may be made against the party responsible for road maintenance.
- Passengers/Third Parties: If another individual knowingly encouraged or contributed to the driver’s intoxication and driving, they could potentially share liability.
While these scenarios are uncommon, they illustrate the importance of evaluating all possible contributors to the accident.
Common Legal Challenges
While you have every right to pursue justice and compensation, drunk driving accident cases often come with legal complexities. Challenges may include:
- The need for extensive evidence, such as police reports, witness testimonies, or surveillance footage
- Navigating insurance claims and dealing with companies that prioritize minimizing payouts
- Identifying all liable parties and understanding the nuances of South Dakota’s liability laws
These are just a few of the obstacles you might face, but they can be overcome with the support of an experienced legal team.
Seek Justice with a Rapid City Car Accident Lawyer
Drunk driving has severe consequences, not just for the offender but also for those impacted by their reckless actions. If you or someone you love has been injured in a drunk driving accident, know that you can get justice. Legal options are available to help you recover compensation and hold those responsible accountable.
At Beardsley, Jensen & Lee, we can navigate the South Dakota legal system on your behalf and ensure your rights are protected. Our car accident lawyer will collect crucial evidence to build a strong case, negotiate with insurers, and represent you in court if necessary.
Contact us today at (605) 777-7466 for a free consultation. You focus on healing—we’ll take care of the rest.