What if the you are hit by a person who was drinking on the job?

Asked almost 3 years ago - Kingman, AZ

i was struck by a drunk motorist in Arizona, the driver works in Nevada and was drinking on the job. the bar she works for encourages their bartenders /cocktails to drink, what patrons buy for them. do i have a case against the bar for my injuries?

Attorney answers (4)

  1. John P Ager

    Contributor Level 10

    Answered . If everything you wrote is accurate, you probably have a strong case against the bar. It sounds like the driver that hit you traveled into Arizona after working in Nevada. There are several legal issues raised by these facts regarding which law, Arizona or Nevada, might apply. You absolutely need to speak to a lawyer. I would start in Arizona because that is where the accident occurred.

    Your claim is probably governed by one or more limitations periods. This means that you must take certain actions... more
  2. Edward C. Hopkins Jr.

    Pro

    Contributor Level 12

    Answered . To be clear, my answer assumes the following.

    The driver consumed alcohol while performing her job at her place of employment.
    The driver's employer instructed her to drink alcohol while on the job if patrons paid for it.
    The driver's employer received the payments for the alcohol patrons bought for the driver.
    The driver did not drink any alcohol other than the alcohol patrons bought for her at her job.
    The driver crashed into your car soon after she left her job.
    The crash occurred in Arizona.

    If these assumptions are true, you would probably have a viable case of negligence against the Nevada bar for your injuries and property damage if you filed your lawsuit in Arizona. If these assumptions are true, an Arizona personal injury lawyer might be able to help you resolve your claim without filing a lawsuit by negotiating directly with the Nevada bar, its insurance company, or its attorney.

  3. Glenn Roethler

    Contributor Level 6

    Answered . It is certainly possible that you have a case against the bar in Nevada. This could be either a Nevada case or an Arizona case. As you are an Arizona citizen, I would recommend that you bring the case, here, in Arizona through what is known as a long-arm statute, because the Nevada bar caused the events that occurred in Arizona.

    Depending on the facts, the bar itself may be liable by what is known as the "Dramshop" theory of law. This means that the bar may be liable for selling alcohol to visibly drunk person or, possibly, encouraging employees to drink.

    As always, this is dependent on the facts of your particular case. I would be more than happy to discuss this case with you. We offer a free one hour consultation for cases such as yours.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Perhaps.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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