A bartender and a passenger were recently arrested by the NC Division of Alcohol Law Enforcement (ALE) after a fatal drunk driving-related car accident in Montgomery County, NC. The accident happened in Troy on Flint Road. The two men who were arrested reportedly served alcohol to the 19-year-old who was later killed in the single-car accident.
The N.C. State Highway Patrol reports that the underage drinker had blood alcohol concentration of 0.23, which is three times the legal limit, according to News2.
The 48-year-old and the 28-year-old, both from Troy, were the two who were arrested. The older man was booked and charged with selling malt beverages to the underage man. The younger man was arrested and charged with delay and obstructing a public officer during an investigation, obstruction of justice and resist, aiding and abetting impaired driving and aiding and abetting an underage person in the possession of a malt beverage. The young man was reportedly served the abundance of alcoholic beverages at the Uwharrie Sportsman.
Our North Carolina dram shop attorneys understand that this law may permit financial recovery from those who serve alcohol – including bars and restaurants, in the event of a serious or fatal accident. In these serious accidents, insurance may not be enough to cover lasting disabilities, lost wages and all of your medical bills. For this reason, North Carolina allows you to go after the drunk driver, a business or the individual that provided the alcohol.
The sports bar and restaurant has a North Carolina ABC permit as a mixed beverage restaurant. The bartender allegedly failed to recognize that the young driver was overly intoxicated and continued to serve him malt beverages.
The North Carolina dram shop liability statute can hold a restaurant, a convenience store, a liquor store, a bar or any other type of alcohol-serving establishment, liable for compensation for damages in the event of one of these serious accidents.
Dram shop law includes:
-Selling or serving alcohol to a person who is clearly intoxicated and who ends up getting into an accident that causes injury or death.
-Serving alcohol to someone who is underage who then gets into a traffic-related accident that injures others.
-Host of parties are included in the law and are held responsible for serving those who are of age and for not over-serving guests.
Back in 2002, there were nearly 17,500 people killed and another 258,000 injured because of alcohol-related traffic accidents in the United States. More than 15,000 of these fatalities were killed in accidents in which the highest blood alcohol concentration was more than 0.08 percent.
In an attempt to help these accident victims to collect compensation for damages inflicted by these serious accidents caused by intoxicated drivers, many states enacted some sort of Dram Shop Act. This helps to uphold the responsibility of both commercial vendors and social hosts who serve alcohol to intoxicated individuals and those who serve underage individuals who then drive and injure others in traffic-related accidents.
If you or someone you love has been involved in an accident with an intoxicated driver, contact the North Carolina injury attorneys at Grimes Teich Anderson LLP. Call 1.800.533.6845. No Attorney Fees Until You’ve Been Paid.
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