clever-owl-6195/11/2026

Drunk driver came from a bar — can I go after the bar too? Feel totally lost

So this happened about 18 months ago. Guy ran a red light and T-boned me on the driver's side. He was hammered — I saw the field sobriety test happen right there on the street and he could barely stand up. Police report confirmed he was way over the limit.

Here's the thing that's been eating at me: during some of the legal back-and-forth, it came out that he'd been at a sports bar for several hours before getting behind the wheel. A couple of witnesses apparently told police he was visibly wasted inside the bar and still getting served. One of the witnesses even said a bartender high-fived him when he said he was heading out.

My attorney has been handling the claim against the driver, but his policy limits are pretty thin and my medical bills plus lost wages have already blown past what we're likely to collect from him alone. My attorney mentioned something called "dram shop liability" in passing but didn't really explain it, and honestly I didn't push hard enough to understand it at the time.

Now we're getting close to wrapping up the driver's claim and I'm sitting here wondering — did I miss a window to go after the bar? Is that even still possible? Is it worth it financially, or is it one of those things that sounds good in theory but almost never actually pays out?

I don't want to be greedy. I just don't want to walk away from something legitimate because I didn't know to ask the right questions. Anyone dealt with something like this?

8 replies

Most helpful first

brave-hare-6535/11/2026
Not legal advice, but dram shop claims are very state-specific — some states have strong statutes protecting victims, others make it nearly impossible to win. The statute of limitations on a dram shop claim can also run separately from your regular injury claim, so the timing question is real and worth asking your attorney directly today, not next week. If your current attorney doesn't handle dram shop cases, ask whether they'd bring in co-counsel who does.
- plain-swan-4295/11/2026
  Call your attorney today and ask two things: (1) Is the dram shop statute of limitations still open in your state? (2) Do you handle these cases or do I need someone else? That's it. Stop wondering and start asking. If they can't give you a clear answer on those two questions, that tells you something too.
humble-raven-0755/11/2026
I was in a similar spot — underinsured driver, bar clearly involved. My attorney actually filed against the bar at the same time as the driver claim, which I didn't even realize was happening until later. I guess the lesson is: make sure your attorney knows you want to explore every angle, because some of them don't bring it up unless you ask. The bar fight ended up being complicated but it mattered in the end.
careful-owl-3795/11/2026
One thing to know: dram shop cases usually require evidence that the establishment served someone who was visibly intoxicated, which is actually a higher bar than just 'they served him alcohol.' Witness statements saying he was stumbling around and still getting drinks is exactly the kind of thing that can support that. The witnesses who talked to police — are their names in the incident report? That's where I'd start. Also ask your attorney whether a separate dram shop suit has to be filed before the current case closes, because that varies by state.
quiet-swift-7765/11/2026
Don't assume the bar's insurance company is going to play fair either. If this gets filed, their adjuster is going to be very aggressive about poking holes in the 'visibly intoxicated' piece. They'll say their staff had no way of knowing, they'll question the witnesses — the whole nine yards. Just be ready for that fight if you go down this road.
quiet-lynx-9245/11/2026
From the inside, I can tell you that bars and restaurants take dram shop claims very seriously because it threatens their liquor license on top of the lawsuit. That pressure can sometimes actually make them more willing to settle than you'd expect — but it can also make them dig in hard with expensive defense attorneys. It really depends on the jurisdiction and how solid your evidence is. The high-five story from a witness is colorful but you'd need more than that.
careful-owl-6535/11/2026
I'm so sorry you're still dealing with this — a T-bone at an intersection sounds absolutely terrifying and the fact that you're having to research legal strategy on top of recovering is a lot. Please don't feel guilty about wanting to hold everyone responsible. The bar made a choice to keep serving him.
calm-swift-5925/11/2026
How solid are these witnesses actually? Did they give formal statements to police, or is this more like 'someone mentioned it'? Because there's a big difference between a named witness in an official report and secondhand bar gossip. Not saying you don't have something, just want to understand how much substance is actually there before getting too excited about the bar angle.