In order to have a dram shop case, you first need to identify who the bar is.
In most personal injury or wrongful death cases, it’s obvious who the negligent defendant is. An attorney simply obtains the defendant’s name from the police report, or the client tells us who the wrongdoer was, and we sue them.
But the sad reality of first-party dram shop cases is most of them involve a recipient of alcohol who was over-served to such an extent that they got into a bad accident and died; usually a single-vehicle accident. The family members left behind often know that their now-deceased loved one was drinking at a bar, and the toxicology results show that they were grossly over-served, but the family usually does not know what bar the victim was drinking at.
Obviously, this presents something of a dilemma, so the very first step in many dram shop cases is to identify who the defendant bar even is. Below, we’ll discuss the methods our attorneys typically use to identify which bar or restaurant served the victim to the extent that they then hurt or killed themselves in a drunken driving accident.
Questions answered on this page:
- How do I know which bar is responsible for over-serving?
- If a drunk driver dies in an accident, how do you know which bar they were at?
- How can a lawyer help with a drunk driving lawsuit?
Methods For Tracking Down Where the Alcohol Service Took Place
The dram shop lawyers at Grossman Law Offices have represented a large number of first-person plaintiffs in these types of cases. We’ll explain how we identify the proper defendants using a common scenario we have faced: a young person crashes her car into a tree after being over-served at a bar and dies. Since she is no longer with us to tell us where she was drinking and how much she was served, we have to look elsewhere.
- Phone Records – We go look through the lost young woman’s phone records to see whom she might have called the night she was out drinking. Some of these individuals may know where she was, or might have even been present prior to the crash. If it is your daughter or wife, you might have access to those records yourself. If not, we can subpoena them ourselves. The subpoena process can take a very long time, so it’s best if you can find them yourself.
- Social Media – With the spread of social media, it is common to leave a digital trail behind. We will look at the young woman’s Facebook account to see if she “checked in” at the establishment at which she was drinking, as well as Twitter, Foursqaure, and other social media outlets for clues.
- Bank and Credit Card Records – Financial records can provide key insight into where someone was, and what they were doing. If the last place the young woman used her credit card was a bar before crashing a few minutes later, we’re clearly on the right track. Further, this evidence may well be able to tell us how much she was drinking, which will prove extremely useful later on in the case.
- Witnesses – Perhaps in the days since the accident, friends or family have reached out and said that they knew where the young woman was. We will investigate every promising lead to find out what these people know and record it.
Once we get as much of this information as possible, we will then send a letter making the bar or restaurant aware that they may not, under any circumstances, destroy any potential evidence at their establishment. This spoliation letter will further conserve the evidence we need to prove that, in fact, the young woman had been drinking at the bar, how much, and when.
You need the right lawyer with the right investigative team.
Identifying proper defendants is not an easy task in most first-person dram shop cases. An experienced lawyer with seasoned investigative skills can cut through the clutter and find out who may well be responsible. Grossman Law Offices, based in Dallas, TX, has time and again proven up defendants’ involvement in these types of cases, and can for you. Call us now at (855) 326-0000 to see how we can help you with your case.
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