subject: Wrongful Death Attorney - Choosing To Sue The Driver Or The Bar [print this page] The job of a wrongful death attorney is never easy. Aside from the emotions and pain that tend to surround his or her clients, there is the difficulty that comes with choosing which entity to sue and how to go about putting together a case. While most might believe that the drunk driver is the only person at fault when a person dies as a result of the accident, in some cases, the person or company serving the alcohol may also be at fault.
The Drunk Driver
It tends to be a little easier for a wrongful death attorney to prove that a person was driving while intoxicated and took another person's life. Aside from the testing for blood alcohol level, there are police reports and other information that will show exactly which person was at fault. Unfortunately, while the suit can be filed and families may receive financial compensation, there is nothing that will bring a loved one back. In the best-case scenario, the drunk driver owes a family compensation and is punished in a way that ensures he or she will not be able to drive under the influence again.
The Person Providing Alcohol
It is often a bit more difficult for a wrongful death attorney to prove that someone else had a hand in one person's reckless driving due to being under the influence. However, if there was some negligence on the part of the bartender or the restaurant as a whole, they could have some liability. It is necessary to prove that someone had the knowledge that a person was already very intoxicated and yet he or she continued to be served. There is no set measurement for deciding a person's level of intoxication, often making proving the case more difficult.
In some states, a person can be responsible for another person's actions if they do not make a conscious effort to ensure that the impaired party does not pick up a set of keys and attempt to drive. If a bartender does not call a cab or offer an alternative means of transportation, there may be some responsibility that lies on the shoulders of the bar. It is not illegal to serve or consume alcohol. However, in some cases it may be illegal to let the situation reach a level of excess. There are rules that apply to safe alcohol service and a wrongful death attorney can use these types of regulations to prove his or her case.
It is of the utmost importance that a family search for the right wrongful death attorney as soon as possible in order to get the best chances for finding the responsible parties and making sure that they are held accountable for their actions.
