If a person is intoxicated and has an accident after leaving bar the drunk driver responsible or personnel?

Determining liability in cases where a person is intoxicated and causes an accident after leaving a bar involves several factors. Here's a general overview:

1. Drunk Driver's Responsibility:

- The intoxicated driver is primarily responsible for the accident and any resulting damages. Driving while intoxicated is illegal and considered negligence per se, meaning the driver is automatically liable for any harm caused due to their intoxication.

2. Bar's Potential Liability:

- In some jurisdictions, the bar or establishment that served alcohol to the intoxicated person may also face potential liability under a legal concept known as "dram shop" laws or "liquor liability laws."

- These laws hold establishments accountable for serving alcohol to visibly intoxicated individuals or for over-serving alcohol, leading to the person's intoxication and subsequent involvement in an accident.

- To establish liability, the plaintiff (victim or victim's representative) must prove that:

a. The bar or establishment served alcohol to the intoxicated person.

b. The person was visibly intoxicated or noticeably impaired at the time of service.

c. The intoxicated person caused the accident, and their intoxication was a contributing factor.

3. Factors Influencing Liability:

- Each case is unique, and the specific circumstances and laws of the jurisdiction play a significant role in determining liability. Factors such as the level of intoxication, the bar's awareness or knowledge of the person's condition, the bartender's training, and local regulations impact potential liability.

4. Comparative Negligence:

- In jurisdictions with comparative negligence laws, the court may apportion fault among multiple parties. This means that if the intoxicated driver is found to be partially responsible for the accident, their compensation may be reduced accordingly.

5. Defenses by Bar Establishments:

- Bars and establishments can present defenses against dram shop liability, such as:

a. The person was not visibly intoxicated or appeared capable of consuming alcohol safely.

b. The accident was caused by factors unrelated to the person's intoxication.

c. They followed responsible serving practices and acted reasonably in assessing the person's condition.

d. The establishment employed all necessary measures to prevent over-serving and underage drinking.

It's important to consult with a qualified attorney experienced in personal injury law to determine the specific legal obligations and potential liability of the drunk driver and the establishment in a particular jurisdiction.