dram shop law

Published on: June 30, 2022

Safety Campaigns and Strong Action Most Effective in Preventing Car Accidents

The federal administration spends millions of dollars in traffic safety campaigns every year. An analysis of the effectiveness of these campaigns finds that unless these education campaigns are also combined with practical action, they may have a very limited impact on traffic safety or the number of car accidents which occur each year.

The National Highway Traffic Safety Administration’s traffic safety campaigns encourage motorists to drive safely, wear seatbelts and avoid driving under the influence of alcohol. One stellar campaign that the federal agency conducts annually is the Click it or Ticket campaign that encourages motorists to wear seatbelts while driving. The campaign is credited with increasing seatbelt usage across the country, and usage rates are currently now at above 90%. This is a very respectable percentage, although it is still imperative that we reach out to the 10% of motorists who fail to wear seat belts. Individuals who fail to wear a seatbelt are those who are most likely to suffer a personal injury in a car accident. To learn more about personal injury matters involving car accidents, please visit our website.

However, according to some experts, it is not the campaign by itself that has promoted seat belt use. Rather, it is the fact that newer automobiles now come with a seatbelt warning system that gives a motorist time to wear the seatbelt and make sure that everyone else is also buckled in before the driver operates the car. In one such system, the car will not start until a few seconds after the ignition is turned on to give the motorist time to buckle up.

Published on: July 27, 2021

Past Driver Behavior is a Major Accident Indicator

by Robert N. Katz, Esq.

Drivers who have a history of rash or negligent driving practices are very likely to continue indulging in these practices in the future, increasing their risks of an accident.

According to researchers at the Virginia Tech Transportation Institute, past driver behavior is a very good indicator of future accident risk. In other words, drivers who have a history of poor driving, including speeding, drunk driving, driving under the influence of drugs and distracted driving are very likely to continue to engage in these practices. According to the researchers, this is the reason why we saw increased traffic accident fatalities in 2020 in spite of a reduction in traffic volumes. Even with lower volumes of traffic, Atlanta roads saw a higher number of traffic accident fatalities last year, with distracted driving, speeding and drunk driving pushing those numbers upward.

Past behavior is a reliable indicator of future driving. For example, a motorist who has a history of driving at high speeds will continue to be at risk of speeding. If anything, the behavior of such drivers is only exacerbated when the roads are less congested. In 2020, the streets saw lower traffic crash traffic volumes, but the empty streets only encouraged drivers who were already very prone to speeding to drive at very high speeds.

Published on: April 7, 2021

How Georgia can Reduce Risk of Wrong Way Driving Accidents

by Robert N. Katz, Esq.

According to a new report by the AAA Foundation for Traffic Safety, the number of wrong-way driving accidents in the U.S. increased by almost 35% in recent years. Most wrong way driving accidents are the result of drunk driving, but they can also be caused by mistakes by older drivers or drowsy drivers. The AAA Foundation for Traffic Safety recently issued a list of guidelines for state transportation agencies to prevent these kinds of accidents.

Wrong-way driving accidents are some of the most devastating accidents that occur on Atlanta roads. These accidents typically involve head-on collisions that occur at high speeds that result in fatalities. Driving under the influence of alcohol is a primary cause of wrong-way driving accidents. Drunk driving – specifically, driving while excessively intoxicated – is strongly linked to wrong-way driving. Excessive alcohol intoxication or a blood alcohol concentration level that is between 0.8 and .15%, or close to double the legally permitted blood alcohol concentration level in Georgia, is often linked to these devastating driving errors.

The AAA Foundation for Traffic Safety advises that state transportation agencies increase their implementation of DUI checkpoints or sobriety checkpoints. The Foundation also advises states like Georgia to strengthen laws requiring the installation of ignition interlock devices on the vehicles of motorists who are convicted of drunk driving. An ignition interlock device determines the level of intoxication of the motorist, and activates to prevent the motorist from starting the car if those intoxication levels are above a pre-set limit. Many states, including Georgia, require the installation of ignition interlock devices in the cars of motorists who are convicted of repeat DUI offenses. Several safety advocates have called for the application of these laws to all drunk driving offenders, even first – time offenders. A stringent application of the law would significantly reduce the number of intoxicated motorists on our streets.

Published on: December 26, 2018

Safe Driving on New Year’s Eve

by Robert N. Katz, Esq.

Safe Driving on New Year’s Eve

Few holidays are more universally celebrated than New Year’s Eve. Unfortunately, the holiday sees a dramatic uptick in the number of accidents, especially those involving alcohol and speeding. According to some estimates, Americans are much more likely to drink over New Year’s Eve than any other time of the year. In fact, the U.S. Department of Transportation reports that an average of 300 people die nationally between the week of Christmas and New Year. That makes the streets of Georgia especially dangerous to be on this time of year.

Celebrating responsibly should be a no-brainer, but far too many people ignore basic safety precautions, and end up causing injuries not just to themselves, but also to other motorists on the road. This New Year’s eve, take steps to avoid becoming just another drunk driving accident statistic.

Published on: December 26, 2017

Georgia’s Dram Shop Laws: What to Know If You’re Hosting a New Year’s Party

by Robert N. Katz, Esq.

As you’re making plans to ring in the New Year, make sure you are not unwittingly breaking Georgia laws if you are hosting a New Year’s Eve party this year.

While you want your guests to enjoy your event, if you are planning on serving alcohol, you should be aware of the fact that you could be held accountable for your guests’ actions after they have had a few drinks at your party. That accountability is outlined under Georgia’s dram shop and social host liability laws.

Under Georgia law, a social host, or a person who hosts an event or a party, may be held liable for any injuries caused by persons who have consumed alcohol served by the host. In other words, you could be held accountable for serving alcohol to a person who leaves your event and causes an accident that results in injuries.

Published on: February 24, 2017

Who are the Other Parties Liable in a Drunk Driving Accident Claim?

by Robert N. Katz, Esq.

There are a number of parties that can be held accountable in any drunk driving accident. But did you know that there are some parties that may not seem directly involved in the accident, but can still be held liable in a civil claim?

One of the most obvious parties that can be held liable in a drunk driving accident claim is the intoxicated driver. However, victims may also hold liable the commercial establishment that served or sold the alcohol before the accident. These claims are filed under Georgia’s dram shop statute, which allows commercial drinking establishments such as pubs, restaurants, clubs, or liquor stores, to be held accountable in those cases in which drivers drank alcohol sold by the establishment just before an accident.

If the commercial establishment willfully and knowingly serves or sells alcohol to a person below the age of 21, they can be held liable. The establishment can also be held liable if they knowingly serve alcohol to a person who is noticeably intoxicated, and he or she then drives and causes an accident. The establishment, however, must also be aware that the customer will soon be operating a motor vehicle at the time of serving or selling of the alcohol. This is an important element to proving your claim.

Published on: August 17, 2016

Dram Shop Laws in Georgia: What You Should know

by Robert N. Katz, Esq.

In addition to the at-fault driver, it is possible to hold other people or entities responsible for injuries caused in a drunk driving accident. Under Georgia’s dram shop laws, sellers and servers of alcohol can be sued for monetary compensation if they have acted negligently.

Dram shop liability refers to the exposure commercial establishments such as restaurants, bars, liquor stores, hotels, or clubs have related to the sale of alcohol to customers. Georgia’s dram shop laws make a commercial drinking establishment like a pub or club liable for damages if the establishment serves alcohol to minors under the age of 21. The laws also allow an alcohol provider to be held liable when an establishment serves alcohol to a person who is noticeably intoxicated and is likely to drive a car after.

It is important to understand that an experienced dram shop attorney often makes all the difference in these complex cases. For example, the dram shop laws in Georgia do require that commercial establishment employees be aware that an intoxicated person intends to operate a motor vehicle after drinking. That makes it more challenging for drunk driving accident victims and their families to hold a commercial establishment legally liable for damages. Staff members frequently claim that they had no way of knowing how the intoxicated person would travel after leaving the drinking hole.

Published on: October 28, 2011

Court Holds Georgia Club Liable for Deadly Drunk Driving Accident

by Robert N. Katz, Esq.

A Georgia strip club has been ordered to pay $1.75 million in damages to the family of a mother who was killed in a wrong-way crash in 2008. This past Thursday, a jury found that the club negligently over-served the drunk driver alcohol shortly before the accident. Liability of this nature falls under Georgia’s dram shop law. It was an accident that claimed his life and the lives of two others, including a young mother, Fatima Bird. While it was never determined exactly how many drinks the club patron had, reports show his blood alcohol level was nearly five times the legal limit. The Atlanta Journal-Constitution quotes attorney Trent Speckhals, of Speckhals Law, who goes so far as to say, “It’s not like someone would be unnoticeable in that condition.” Other experienced Atlanta car accident attorneys are likely to agree. With a BAC of nearly .4, there had to have been a notable loss of control over both cognitive and physical functions, which would have been obvious to the average passerby, much less to a waitress or staff members who had contact with the driver throughout the duration of his club visit.

This case again brings attention to the debate of whether “dram shops” should be held liable for failing to “take the keys” from patrons who appear to be intoxicated or have consumed one too many alcoholic beverages. And again, the jury’s response to this question seems to be a resounding yes. Originally, the term “dram shop” referred to colonial times when taverns used units of liquid measurement called drams to serve alcohol. Today, dram shop liability in Georgia means that that bars, taverns, liquor stores, and other businesses (including grocery and convenience stores) that purvey alcoholic beverages may be held liable for the damages caused by their patrons.

The Dram Shop Act and similar laws are meant to curb instances of selling alcohol to minors and to individuals who are visibly intoxicated. It appears to be a broad and far-reaching theory that reaches even into the recesses of private homes as even owners or social hosts who serve alcohol to guests at a private party, have a responsibility to avoid serving alcoholic beverages to a person who is visibly intoxicated.

Published on: January 24, 2010

DUI Accident Rates May Be Affected by Higher Pricing

by Robert N. Katz, Esq.

Could Making Alcohol Pricier Help Lower DUI Accident Rates?

A new study provides some evidence that increasing taxes on alcohol and making it more expensive, could help minimize the incidence of dangerous alcohol-related leaders, including drunk driving. In fact, the study found that not only did such dangerous behaviors decrease when alcohol became more expensive, but it also reduced drunk driving accident, injury and fatality rates.

The review was conducted by the Task Force on Community Preventive Services, which consists of public-health experts appointed by the Centers for Disease Control and Prevention. The review included a total of 72 studies worldwide, and in nearly all of the 72 studies, researchers found an inverse relationship between the cost of alcohol and the indices of dangerous alcohol-related excesses, including binge drinking and drunk driving. The review included studies of underage drinkers, and these studies also showed that when alcohol becomes more expensive, it lowers rates of underage drinking. The results seem to be consistent among all kinds of liquor, from wine to beer, and also across time periods and countries.

Published on: December 14, 2009

Georgia’s Campaign Against Drunk Driving Lowers Accident Rates

by Robert N. Katz, Esq.

States like Georgia, that conduct aggressive enforcement activities against drunk driving, are more likely to see a dramatic drop in accident fatality rates. That’s according to Transportation Secretary Ray LaHood, who launched the annual national crackdown on drunk driving over the holiday season.

Across the country, including in Georgia, law enforcement efforts will be stepped up to keep intoxicated motorists off the road. Each state has its own version of the annual crackdown, and this typically includes sobriety checkpoints and concentrated drunk driving patrols. The launch of the annual crackdown coincides with an announcement by the National Highway Traffic Safety Administration, that drunk driving accident fatalities nationwide dropped by 7 percent in 2008 compared to 2007. In Georgia, 416 people died in drunk driving crashes in 2008, compared to 445 in 2007. That was a decrease of 5 percent. This has been largely due to the effort of our law enforcement personnel, and the concentrated patrols mounted during alcohol-heavy holidays, like New Years.

The Georgia Governor’s Office of Highway Safety’s campaign “Operation Zero Tolerance” will kick off later this month around the state. The point of having campaigns like this around the holiday season, isn’t to round up partiers and throw them in the slammer for a night, as some drunk drivers like to believe. The campaign is meant to act as a deterrent for drunk drivers. Those who drink at a venue must know that they must either call a cab, get a friend to drop them home, take public transport or sleep it off at the venue. If they decide to drive home under the influence, there is a very high likelihood they will be caught and arrested.