Drunk Driving

The great thing about these cases is that you may be able to involve the bar who over-served the person who struck you as well as the drunk driver who struck you. If that person was bombed out of their mind — chances are you will be able to get a lot more for your case than if it occurred without alcohol. So I once sued Red Lobster because they over-served a 70 year old woman who used to come to their restaurant for appetizers and a 3 martini lunch. (Each martini usually consists of 2 shots, which meant this lady was swinging out of the bar — she weighed 100 lbs. with approximately 6 shots in her). In fact, she was so familiar that the waiters at the restaurant used to call her the 'martini lady!' Believe it or not many restaurants earn approximately 25+% of their revenue from serving alcoholic drinks including wine.

I attempted to create an additional claim against the restaurant on the theory that their responsibility to make sure the customer is not over-served can often be met very easily. They should have used a computer program that was around for at least a decade so that once someone had a certain number of drinks, the computer would automatically refuse to allow them to be served any more alcoholic beverages. Unfortunately, the judge in the case felt that was an unreasonable expectation and refused to allow proof of it. This shows you how important the judge is in a case. They not only act as a referee — they decide how big the boxing gloves of each side is going to be and how long the fight is going to last.

Often, people who are drunk drivers have a history of it. The best way to stop it is to prevent the servers from over serving. If you think that MADD is going to be a big help — I've got a couple of stories that would make you question which side of the fence they are on.

In such cases I hire a toxicologist who determines how much the person has had to drink by extrapolating back in time the amount of alcohol found in their blood when they were booked. I also hire an expert who used to work for the state alcohol board to show how the restaurant or bar failed to adequately monitor their customer's drinking which ultimately caused your collision. This will get you extra money for damages and possibly even punitive damages!