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Most people understand that a drunk driver can be held responsible for injuries caused in an accident. However, fewer people realize that the bar or restaurant that served alcohol to that individual might also share legal responsibility. Alaska’s dram shop laws allow victims of drunk driving accidents to pursue claims against alcohol-serving establishments when their negligence contributed to the crash.
Under Alaska Statute § 04.21.020, a licensed alcohol vendor—such as a bar, restaurant, or nightclub—may be held liable if they serve alcohol to someone who is visibly intoxicated and that person goes on to injure others. “Visibly intoxicated” doesn’t require a breathalyzer test; it can include observable signs like slurred speech, poor coordination, aggressive behavior, or an inability to stay awake. If it’s proven that an employee continued serving alcohol despite these signs, the business can be found legally responsible for part of the harm that occurred.
These laws were put in place to encourage responsible alcohol service and protect the public from preventable tragedies. When a business ignores warning signs and continues to serve a clearly impaired person, they put everyone at risk—including innocent drivers and pedestrians who have no idea what’s about to happen.
Establishing liability under Alaska’s dram shop laws requires more than just proving the driver had drinks before the crash. Victims must show that the driver was already obviously intoxicated when they were last served and that the establishment continued to provide them with alcohol anyway. It must also be proven that the intoxication was a contributing factor to the accident.
In practical terms, this can involve collecting evidence such as:
The process of proving that a business acted negligently often requires a thorough investigation. Many establishments will deny fault or claim they didn’t notice any signs of intoxication. That’s why it’s critical to begin preserving evidence quickly after the crash. Time-sensitive materials like security footage can be erased within days unless a legal team steps in and demands preservation.
You might wonder why anyone would go beyond holding the drunk driver accountable. In many cases, victims of DUI accidents suffer life-changing injuries—traumatic brain injuries, spinal cord damage, broken bones, and emotional trauma. Medical treatment, rehabilitation, and time off work can lead to overwhelming expenses. Unfortunately, drunk drivers often carry only minimal insurance coverage. Some may be uninsured altogether, or their policy limits might not come close to covering the full extent of your losses.
This is where a dram shop claim becomes vital. Bars and restaurants are typically required to carry substantial commercial liability insurance. These policies can provide significantly higher compensation than a personal auto policy. If a business’s negligence contributed to the chain of events that caused the crash, they should be held accountable for their part in the harm done. These claims can help cover costs such as:
Beyond financial recovery, dram shop claims also serve a larger purpose. They send a strong message to the alcohol service industry: when you serve dangerously impaired customers, there are serious consequences. These cases encourage more responsible service practices and contribute to safer communities overall.
Proving a dram shop case in Alaska is no small task. These cases are complex and often require collecting detailed records, interviewing witnesses, and working with industry experts. Establishments often have strong legal defense teams and will do everything possible to avoid liability. That’s why it’s essential to work with attorneys who are deeply experienced in drunk driving injury cases and who know how to uncover negligence where others might overlook it.
At The Law Office of Curtis W. Martin, we are committed to helping victims of drunk driving accidents pursue every available avenue for justice. Our drunk driving accident attorneys understand how to build strong cases against both intoxicated drivers and the businesses that enabled them. We don’t stop with police reports—we dig deeper. Whether that means locating surveillance footage, identifying witnesses, or working with toxicology experts, we work tirelessly to uncover the full picture.
If you’ve been injured or lost a loved one due to a drunk driving accident in Alaska, you don’t have to figure out your options alone. You may be entitled to compensation not just from the driver, but from other negligent parties as well. Taking legal action can help you recover financially and push for accountability that may prevent future tragedies.
Contact us today to schedule a free consultation. Let us review your case, explain your rights, and help you determine whether a dram shop claim is appropriate. We’re ready to fight for you and hold every responsible party accountable.
