A few rounds too many. A bartender who didn\u2019t say no. A crash that should never have happened.<\/p>\n
If you were hit by a drunk driver in Long Island, you\u2019re probably dealing with more than just a damaged vehicle. Medical bills, missed work, and physical pain can take over your life in an instant. And while it\u2019s easy to blame the driver, the truth is, they may not have been the only one responsible.<\/p>\n
You might be wondering, can a bar be held responsible for drunk driving<\/a> in New York? The answer is yes\u2014if that bar violated the law by serving alcohol to someone who was visibly intoxicated or underage. Under New York\u2019s Dram Shop Act, certain alcohol providers can be held liable when their actions contribute to a crash.<\/p>\n In this blog, we\u2019ll break down how the law works, what compensation may be available, and what to do if you were seriously hurt in a drunk driving crash.<\/p>\n New York\u2019s Dram Shop Act, found in General Obligations Law \u00a7 11-101<\/a>, allows someone injured by an intoxicated person to bring a legal claim against any individual or business that illegally sold alcohol to that person.<\/p>\n But what makes a sale illegal? That definition comes from Alcoholic Beverage Control Law \u00a7 65(2)<\/a>, which states:<\/p>\n “No person shall sell, deliver or give away any alcoholic beverages to any visibly intoxicated person.”<\/p><\/blockquote>\n The same law also prohibits the sale of alcohol to anyone under age 21. If a bar violates either rule\u2014and that person causes a drunk driving crash\u2014the injured party may have a valid dram shop claim.<\/p>\n While serving alcohol to someone under 21 is illegal, liability still requires proving that the illegal sale contributed to the intoxication that caused the crash. The bar is not automatically liable\u2014causation must still be established.<\/p>\n To hold a bar or restaurant responsible under New York law, you must usually show:<\/p>\n This applies to bars, nightclubs, restaurants, wedding venues, or any business licensed to sell alcohol.<\/p>\n To build a valid dram shop claim, you need proof that the bar served someone who was already showing signs of intoxication. This can include:<\/p>\n The bartender or server doesn\u2019t have to give the person a breathalyzer. But if they served someone showing obvious signs of being drunk, the bar may be liable for what happens next.<\/p>\n In some cases, police reports, eyewitness statements, and surveillance video from the bar can support the claim. You may also need toxicology reports or blood alcohol concentration<\/a> (BAC) evidence, especially if criminal charges were filed against the drunk driver.<\/p>\n New York’s dram shop law does not apply to private individuals who serve alcohol in their own homes, except when it involves minors. If a social host knowingly provides alcohol to someone under 21, and that person causes a crash, the host may be liable under General Obligations Law \u00a7 11-100. However, there is no liability for serving visibly intoxicated adults in a private setting.<\/p>\n In a drunk driving accident case involving a dram shop claim, you may be able to recover:<\/p>\n Both the drunk driver and the bar may be held responsible, which could expand the available insurance coverage and improve your chances of receiving full compensation.<\/p>\n New York follows a no-fault insurance system, which means your own insurance typically pays for medical bills and lost wages after a crash, no matter who caused it. But when a bar is involved, things get more complex. Now you’re potentially going up against a business and their commercial insurance provider.<\/p>\n That means:<\/p>\n Building a strong claim takes strategic investigation and legal knowledge. A Long Island drunk driving accident lawyer<\/a> can track down receipts, interview<\/a> witnesses, and subpoena surveillance footage if necessary.<\/p>\n If you\u2019re pursuing a claim after a drunk driving crash, time matters. In New York, the deadline to file most personal injury lawsuits\u2014including claims against a bar or restaurant under the Dram Shop Act\u2014is three years from the date of the injury. This is set by Civil Practice Law and Rules \u00a7 214(5)<\/a>.<\/p>\n That means you typically have up to three years to bring a lawsuit against both the drunk driver and the business that unlawfully sold them alcohol under General Obligations Law \u00a7 11-101<\/a>.<\/p>\n Keep in mind:<\/p>\n Because evidence like bar receipts, video footage, and witness memories can disappear quickly, it\u2019s best to speak with a drunk driving accident lawyer<\/a> as soon as possible. That way, your legal team can take timely action to protect your right to seek full compensation.<\/p>\n At The Harrison Law Group, our team has handled drunk driving accident<\/a> cases throughout Long Island and New York for more than three decades. We don\u2019t just go after the driver who caused the crash. We look deeper, and when a bar or restaurant served alcohol unlawfully, we pursue accountability under New York\u2019s dram shop law.<\/p>\n If you or a loved one suffered serious injuries in a drunk driving accident, don\u2019t wait. We offer a free initial consultation to answer your questions and assess your case. You\u2019ll speak directly with a Melville personal injury attorney<\/a> who understands what you\u2019re up against.<\/p>\n Call (631) 465-9797<\/a> or fill out our confidential online form<\/a> today. We\u2019ll fight for fair compensation and hold every responsible party accountable.<\/p>\n Copyright \u00a9 2025. The Harrison Law Group, P.C. All rights reserved.<\/strong><\/p>\n The information in this blog post (\u201cpost\u201d) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient\u2019s state, country, or other appropriate licensing jurisdiction.<\/p>\n The Harrison Law Group, P.C.<\/strong> A few rounds too many. A bartender who didn\u2019t say no. A crash that should never have happened. If you were hit by a drunk driver in Long Island, you\u2019re probably dealing with more than just a damaged vehicle. Medical bills, missed work, and physical pain can take over your life in an instant. And […]<\/p>\n","protected":false},"author":1,"featured_media":37980,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[39,104],"class_list":["post-37979","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","tag-car-accidents","tag-drunk-driving-accidents"],"meta_box":{"video_link":""},"_links":{"self":[{"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/posts\/37979","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/comments?post=37979"}],"version-history":[{"count":0,"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/posts\/37979\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/media\/37980"}],"wp:attachment":[{"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/media?parent=37979"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/categories?post=37979"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.hlgny.com\/wp-json\/wp\/v2\/tags?post=37979"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}When a Bar Can Be Held Liable for a Drunk Driving Crash<\/h2>\n
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What Counts as \u201cVisibly Intoxicated\u201d?<\/h2>\n
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What About Social Hosts?<\/h2>\n
Compensation You May Be Able to Recover<\/h2>\n
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How Dram Shop Claims Differ from Regular Car Accident Claims<\/h2>\n
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Statute of Limitations<\/h2>\n
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Think the Bar Shares Blame for Your Car Crash? Let\u2019s Talk About It<\/h2>\n
\n534 Broad Hollow Road, Suite 100,
\nMelville, New York 11747
\n(631) 465-9797<\/a>
\nhttps:\/\/www.hlgny.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"