Can I Sue if My Loved One Was Killed by a Drunk Driver?
If your loved one was killed by a drunk driver, you deserve justice for your loss.
In these types of situations, it is important to make sure you have a clear understanding of your family’s legal rights. While nothing can replace your loved one and what you have lost, your family may be entitled to significant financial compensation. Holding the at-fault parties accountable can help provide closure.
In Rhode Island, the executor or administrator of an estate generally files a wrongful death claim following a fatal drunk driving accident. The claims brought by the executor or administrator are brought on behalf of the decedent’s estate. In addition, beneficiaries may bring claims as well. These claims are different as they are personal to the individual bringing them.
Normally, the executor or administrator and all beneficiaries bring one lawsuit. There are times, however, when the beneficiaries may bring their claims independent of the executor or administrator bringing suit.
The executor or administrator is typically named in the deceased’s will. In the absence of a will or a named administrator, the court can appoint someone to the task.
Even if an executor has been appointed, it’s a good idea to talk to an experienced drunk driving wrongful death lawyer as soon as possible following a fatal accident. This helps to ensure that you are treated fairly during proceedings and sets you up for legal action should a claim not be filed within the six-month waiting period.
Damages that may be available through a wrongful death claim in Rhode Island include:
- Economic Damages
- Lost income and benefits
- Final medical bills
- Funeral and burial expenses
- Non-Economic Damages
- Grief and emotional distress
- Loss of companionship and support
- The decedent’s conscious pain and suffering
The death of a loved one in a fatal drunk driving crash will impact different families in different ways. This makes it important to select a law firm that will work closely with your family, taking the time to understand your losses, needs, and pain.
At Mandell, Boisclair & Mandell, we intentionally limit the number of cases we take. This allows us to provide direct attention to each client, making sure they are taken care of, treated fairly, and never left waiting for answers.
To obtain punitive damages following the death of a loved one in a DUI crash, it must be established that the defendant’s conduct was willful, wanton, or recklessly indifferent to the safety of others. Facts that may support punitive damages include extremely high BAC, hit-and-run, or a repeat offender who chooses to drive impaired over and over. However, evidence must show more than ordinary negligence, and punitive damages are never automatic.
The fatal drunk driving collision lawyers at our firm pursue all of the damages families are due. If punitive damages might apply to your case, we will work to secure them in addition to economic and non-economic damages.
When you lose a loved one in a crash caused by an intoxicated driver, you are entitled to seek wrongful death damages regardless of criminal proceedings. Civil and criminal systems run on different tracks and require different burdens of proof. There doesn’t need to be a criminal conviction to file (and win) these claims. This is true even in cases of acquittal.
A criminal conviction can help to strengthen negligence claims, but it is neither necessary nor particularly relevant in civil proceedings. During your free consultation with one of the experienced fatal DUI crash lawyers at Mandell, Boisclair & Mandell, we can discuss the wrongful death legal process to ensure you are prepared for what seeking damages may entail.
When the at-fault driver has no insurance or too little to cover a wrongful death claim, Rhode Island families can often turn to Uninsured/Underinsured Motorist (UM/UIM) coverage. State law requires auto insurers to offer UM/UIM limits equal to the policy’s bodily-injury liability limits. This means many households already carry protection that can be accessed when a drunk driver lacks coverage.
If you do not have UM/UIM coverage, you may be able to pursue damages through the drunk driver’s personal assets or file a dram shop claim against the establishment(s) that served them.
At Mandell, Boisclair & Mandell, our fatal drunk driving accident attorneys pursue all options for compensation, helping to ensure Rhode Island’s minimum wrongful death recovery of $350,000 is awarded to surviving family members. Applying our five decades of experience in complex litigation, we make every attempt to secure compensation regardless of insurance status.
In Rhode Island, if a licensed seller of liquor (bar, restaurant, entertainment venue, etc.) serves a minor or visibly intoxicated adult, and that person later causes a fatal crash, the establishment can be held liable under R.I. Gen Laws § 3-14-6. Social hosts, on the other hand, face much narrower exposure. Courts do not generally impose the same liability on private homeowners.
Social host liability in Rhode Island more often applies to the supplying of alcohol to underage guests. If intoxication happened at a private party or event hosted by an individual rather than an establishment, a claim’s strength may be dependent on proving that underage service occurred with the host’s knowing consent.
The award-winning attorneys at Mandell, Boisclair & Mandell conduct thorough investigations into claims of negligence, working to uncover all potentially liable parties. During your free and confidential case review, we can discuss social host liability, your rights to seek compensation, and how to best move forward with your claim.
Yes. If a driver is overserved at more than one establishment, each vendor can be named and held responsible for its own unlawful service. The Rhode Island Liquor Liability Act allows recovery against a licensed seller who negligently serves a minor or intoxicated person. When more than one vendor does this, fault can be apportioned according to each establishment’s contribution to the harm.
When multiple parties might have played a role in overserving a visibly intoxicated individual who later causes a fatal accident, it becomes important to establish what was served, where it was served, and when. Establishing a timeline of events can help to determine the role each vendor played.
Dram shop liability claims can be incredibly complicated, requiring an experienced legal team to unravel the puzzle and identify all liable parties. At Mandell, Boisclair & Mandell, we leave no stone unturned in these investigations. If the reckless or negligent service of alcohol played a role in your loved one’s death, we will work tirelessly to hold every party that played a role to full account.
Filing a Lawsuit After a Drunk Driving Accident in Rhode Island
When it comes to filing a lawsuit after someone has been killed by a drunk driver, there are several possibilities. One option is to file a claim against the drunk driver. This typically involves dealing with the drunk driver’s insurance company.
Who Is Liable in a Dram Shop Case?
Rhode Island’s dram shop law allows drunk driving accident victims and their families to recover financial compensation above and beyond the coverage available through auto insurance. While some states’ dram shop laws are fairly limited in scope, Rhode Island’s law allows victims and families to file claims against multiple parties in a broader range of circumstances.
In Rhode Island, a “dram shop” is any business that holds an alcoholic beverage license (or that is supposed to hold an alcoholic beverage license). This covers essentially all businesses that serve beer, wine, liquor, spirits, cocktails and/or other alcoholic beverages to customers. For example, businesses that qualify as dram shops under Rhode Island law include:
- Bars
- Hotels
- Nightclubs
- Pubs
- Restaurants
- Stadiums and Entertainment Venues
- Taverns
- Casinos
Rhode Island’s dram shop statute, R.I. Gen. L. Section 3-14-6, holds bars and other establishments liable for drunk driving accidents in two primary circumstances. Under Section 3-14-6, a bar or other establishment can be held liable if:
- The establishment “negligently serves liquor to a minor” and the minor is involved in an accident “proximately caused by the minor’s consumption of the liquor;” or,
- The establishment “negligently serves liquor to a visibly intoxicated individual” and the individual is involved in an accident “proximately caused by the individual’s consumption of the liquor.”
Common-Law Negligence
Under Rhode Island law, a bar, restaurant, casino or any other service establishment can also be liable if it acts negligently in not only serving alcohol but also failing to properly monitor customers to see if they show signs of visible intoxication and also by allowing visibly intoxicated customers to leave the premises and drive away.
How Do You Determine Which Establishment Is Liable?
While it is easy enough to say that drunk driving accident victims and their families can hold dram shops liable, determining which establishment is liable is easier said than done. To assert their legal rights, victims and families must be able to identify the specific establishment (or establishments) that served the drunk driver.
This requires a thorough investigation. When investigating a dram shop case, our lawyers will typically examine sources of evidence including (but not limited to):
- The drunk driver’s statements at the accident scene
- The drunk driver’s posts on social media
- The drunk driver’s credit card records or receipts
- Testimony from eyewitnesses
- Surveillance camera footage from bars and other establishments
It is also important to note that multiple establishments could be liable in some cases. For example, if the drunk driver went bar hopping before getting behind the wheel, establishing liability may involve retracing the driver’s footsteps and examining when the driver was at each establishment he or she visited. If multiple establishments negligently served a minor or a visibly intoxicated individual or were negligent in failing to monitor customers or allow a customer to leave the premises while visibly intoxicated, then each of these establishments could be liable for the victim’s or family’s losses.
How Do Accident Victims and Families File Dram Shop Cases in Rhode Island?
Holding a bar, nightclub, restaurant, or another establishment liable in a dram shop case starts with hiring a lawyer. As discussed above, your lawyer will need to investigate, and you will need to rely on your lawyer’s advice as you move forward.
There is a time limit within which to file such a claim in court, so you should contact and hire a lawyer as soon after the accident as possible.
Once your attorney determines which establishment (or establishments) to hold accountable, your lawyer will then file your claim (or claims) and work to secure a favorable settlement or verdict on your behalf.
Speak with a Lawyer in Rhode Island About Your Family’s Legal Rights
If your loved one was killed by a drunk driver in Rhode Island, we encourage you to schedule a FREE case evaluation with an experienced lawyer at Mandell, Boisclair & Mandell, Ltd. Our attorneys understand the complexities of these difficult cases and work diligently for injured accident victims.
To speak with an experienced lawyer at our Providence, RI law offices in confidence, please call (401) 273-8330 or inquire online today.
