A drunk driver runs a red light and hits your car. You’re hurt, your vehicle is wrecked, and the driver just left a bar. Now, you may wonder if the bar can share the blame. It’s a fair question, and the answer depends on a specific Wisconsin law.
Wisconsin has a statute that governs when an alcohol-serving establishment can be held responsible for a drunk driving crash. This is called the dram shop law, and it affects who may be liable for your injuries. Pemberton Personal Injury Law Firm helps injured people across Wisconsin understand these rules and fight for the compensation they deserve. If you were hurt by a drunk driver, our Wisconsin drunk driving accident attorneys can review your case at no cost.
What Is Wisconsin’s Dram Shop Law?
Wisconsin’s dram shop law (Wis. Stat. § 125.035) sets out the rules for when a bar, restaurant, or liquor store can face legal responsibility after a drunk driving accident. Understanding this law is the starting point for knowing whether you have a claim beyond just the driver.
The general rule is that alcohol-serving businesses are shielded from liability in Wisconsin. If a bar serves an adult who later drives drunk and causes a crash, the bar is typically not responsible under state law. This is narrower than many other states, where overserving a visibly intoxicated adult can create liability.
When Can a Bar Be Held Responsible?
Wisconsin’s dram shop law includes two exceptions that remove the bar’s immunity. These situations are specific, but they are the foundation of any dram shop claim.
The first exception applies when someone was forced, coerced, or tricked into drinking alcohol. This is rare in drunk driving cases but is recognized under the statute. The second exception, and the more common one, applies when the bar served alcohol to a person under 21 years of age.
If a bartender served an underage person who then caused a crash, the bar may be held partially liable for your injuries. You can learn more about how this works in our detailed blog on dram shop liability in Wisconsin. Wisconsin courts have applied these exceptions in cases involving underage drinkers who then caused serious harm to others.
What If the Drunk Driver Was an Adult?
This is where many people are caught off guard. If the driver was an adult and was not forced to drink, Wisconsin law generally does not allow you to sue the bar that served them. The legal responsibility rests with the driver.
That said, the details of your case still matter. If there is evidence that the driver was under 21 and the bar served them anyway, you may have a valid claim against both the driver and the bar. Our dedicated attorneys can help you investigate all possible sources of liability.
What Damages Can You Recover?
Whether your claim is against the driver alone or also includes a bar, Wisconsin law allows injured people to seek compensation for a range of losses. These damages can be significant, especially when injuries are serious.
You may be able to recover for medical expenses, lost income, pain and suffering, property damage, and future care costs. In cases where a crash results in a death, the victim’s family may also have a claim. Our Wisconsin wrongful death lawyers help families pursue justice when a drunk driving crash takes someone they care about.
How Do You Build a Dram Shop Claim?
If you believe a bar served alcohol to an underage person who caused your accident, building a strong claim requires solid evidence. You will need to show that the bar served alcohol to a minor, that the minor’s intoxication was a substantial factor in causing your injuries, and that the bar knew or should have known the person was under 21.
Useful evidence includes surveillance footage from the bar, receipts showing how much alcohol was served, witness accounts, and blood alcohol test results from after the crash. Gathering this evidence quickly matters, as records can disappear over time. A Wisconsin car accident lawyer who knows how to investigate dram shop claims can help you preserve the evidence you need.
Contact Pemberton Personal Injury Law Firm About Your Drunk Driving Accident Claim
After a drunk driving accident, you should not have to figure out Wisconsin’s dram shop law alone. There are real deadlines and legal rules that affect your ability to recover, and the right legal team can make a meaningful difference. Pemberton Personal Injury Law Firm brings more than 80 years of combined experience to every case, including a background in insurance defense that gives us a clear view of how insurance companies think and operate.
We serve clients in Madison, Baraboo, Eau Claire, Sun Prairie, Waunakee, and throughout Wisconsin. Our team has earned Super Lawyer recognition for ten consecutive years, and our results reflect our commitment to every client we serve. To get started with a free case evaluation, reach out to us today.
