Atco Bar Responsible for Woman's Death in Drunk Driving Car Crash
The Atco, New Jersey bar that served a man involved in a 2007 drunken-driving accident was found to be primarily responsible for the death of a woman from Voorhees, NJ. According to this article in the Philadelphia Inquirer, a jury awarded the victim’s family $15 million in May.
The male motorist was 25 percent to blame and Racks Bar & Grill was 75 percent responsible for the hit-and-run accident that killed the woman.
An attorney for her husband said he would seek to have the bar pay the $15 million. Under state law, a party may be required to pay an entire judgment if found to be 60 percent or more at fault in an accident.
The drunk driving accident happened on April 20, 2007, as the couple was headed home from a Hammonton, N.J. diner. The 45-year-old woman was a passenger on the 1999 Harley-Davidson motorcycle that her husband was driving west on the White Horse Pike.
The male drunk driver pulled in front of the couple from the strip mall where Racks is located. The motorist failed to stop and was later pulled over in Winslow Township, NJ. His blood alcohol content was 0.10.
The drunk driver had been at the bar for almost four hours and his blood-alcohol level was 25 percent over the legal definition of drunkenness when he was served his last drink. A toxicologist testified that the man had between six and eight beers in 21/2 hours.
New Jersey bars and restaurants can be held liable under dram shop laws if they serve a visibly intoxicated patron who gets into an accident.
The husband had four operations following the accident and his wife was taken off life support seven days after the crash.
If you or a family member have been injured due to someone else’s negligence, the Pennsylvania liquor liability attorneys at Cherry Fieger and Marciano, LLP have the legal knowledgeable and experience to handle cases involving PA drunk driving accidents. Dram shop laws vary widely from state to state and cover places of business that serve alcohol — from liquor stores to bars to restaurants, theaters, and clubs — and impose liability on these establishments when they serve alcohol to someone underage or already intoxicated who then goes on to break the law or get in an accident that hurts themselves or others.
Pennsylvania is one of 42 states where dram shop laws are currently in force. Due to the complex nature of dram shop laws in Pennsylvania, it is recommended that anyone dealing with an accident related to intoxication consult first with an experienced attorney who has a track record of dealing successfully with dram shop cases. Cherry Fieger and Marciano, LLP can offer you a free and entirely confidential case evaluation.
