South Carolina sadly has one of the highest per-capita rates of drunk driving deaths in the United States, according to American Addiction Centers. One method state officials have taken to discourage drunk driving is to enact South Carolina’s dram shop laws. These laws allow people injured in drunk driving accidents to hold bars and other vendors liable for overserving intoxicated patrons who cause drunk driving crashes. Stewart Law Offices recently used the SC liquor liability law to recover over $9.8 million in compensation for someone injured in a crash caused by a driver who was overserved.
However, a group representing South Carolina alcohol vendors has launched a campaign to “reform” the state’s bar owner liability laws. If this movement succeeds, people injured in drunk driving crashes may have a much harder time recovering the money they need to rebuild their lives. Learn more about bar liability for drunk driving below.
Explanation of the South Carolina Liquor Liability Law
South Carolina law currently requires bars, restaurants, and other vendors that serve alcohol at night to have a $1 million liability insurance policy. This liability insurance covers any injuries or property damage caused by a patron who was overserved at the bar.
While South Carolina doesn’t have a law that explicitly makes bars and other restaurants liable for drunk driving accidents, state law prohibits the sale of alcohol to an intoxicated person. The law allows injured drivers and passengers to sue bars and other alcohol vendors if they can show the vendor’s negligence contributed to a drunk driving crash.
Why Do Bars and Insurance Companies Want to Change the SC Liquor Liability Insurance Law?
Bars, restaurants, and other alcohol vendors in South Carolina complain that the current liquor law liability insurance requirements are too much of a financial burden, according to an article by The Post and Courier. Some vendors claim the burden has forced them to close their doors. Many say they’re seeing significant annual spikes in their insurance premiums even if they’ve never faced a lawsuit. These vendors say they could stay open if they didn’t have to pay for liability insurance.
However, their proposed solution could leave drunk driving accident victims worse off. Without compensation from a bar or restaurant’s liability insurance policy, injured drivers and passengers might not have the necessary resources to pay their medical bills, replace their lost income, and meet their other needs.
Joint and Several Liability in South Carolina Drunk Driving Accident Claims
Another issue many vendors have with South Carolina’s liquor liability laws is how the current law treats joint and several liability in drunk driving accident claims. The current law makes it so that an alcohol vendor might have to pay for all of an injured driver’s losses from a crash, even if the vendor doesn’t bear the majority of the blame. Unfortunately, if efforts to replace the current law succeed, this would remove avenues for victims of drunk driving accidents to recover compensation, making their circumstances even more difficult.
Contact the Drunk Driving Accident Lawyers at Stewart Law Offices for a Free Consultation
If you sustained injuries in a crash with a drunk driver, the drunk driving accident attorneys at Stewart Law Offices can help you seek fair compensation. Call us today or complete our contact form for a free case review.
