Key Takeaways
- Paul R. D’Amato, an Atlantic City car accident lawyer at D’Amato Law Firm, has practiced in New Jersey since 1974, and D’Amato Law Firm reports over 50 years of combined experience.
- D’Amato Law Firm will review your case at no cost to you in a free initial consultation.
- A bar or casino faces liability only if it served a visibly intoxicated person or a minor and that service caused your injuries.
- Atlantic County recorded 58 fatal crashes in 2024, its most in a decade, and claim values vary widely because New Jersey has no average settlement.
An Atlantic City car accident lawyer can tell you that a drunk driver is not always the only party who answers for a crash. A bar, restaurant, or casino that over-serves a visibly intoxicated patron can share liability when that patron hurts someone on the road. Proving it is hard, but it can add a second defendant to your car accident claim.
What Is New Jersey’s Dram Shop Act?
The Licensed Alcoholic Beverage Server Fair Liability Act (N.J.S.A. 2A:22A-1 and following), known as the Dram Shop Act, sets the rules. A server acts negligently only when it serves a visibly intoxicated person or a minor. You must also show that the service caused your injuries and that those injuries were foreseeable.
When Can a Bar or Casino Be Liable for Over-Serving?
Atlantic City casinos may operate 24 hours a day under N.J.S.A. 5:12-97. In a 2019 unpublished decision, the Appellate Division let a jury decide whether Harrah’s Resort Atlantic City served a visibly intoxicated patron whom a vehicle later struck on the Brigantine Connector. The ruling binds only those parties but shows courts take casino service seriously. Drunk-driving fatal crashes in Atlantic County peak in June, July, and August.
How Do You Prove Someone Was Visibly Intoxicated?
The law requires a perceptible act or series of acts that show clear signs of intoxication. A high blood alcohol reading alone does not prove it, according to the New Jersey Supreme Court in Mazzacano v. Estate of Kinnerman (2009). You also do not need an eyewitness, because courts accept circumstantial evidence.
What Evidence Matters in a Dram Shop Claim?
Preserve evidence quickly, because bars and casinos may not keep surveillance video for long. Useful evidence includes itemized receipts, video of the patron, tab and credit card records, and testimony from servers and other patrons. Police reports and blood alcohol results also help, though neither proves visible intoxication alone.
Does Social Host Liability Apply to Private Parties?
Sometimes. In Kelly v. Gwinnell (1984), the New Jersey Supreme Court held that a host who serves an adult guest while knowing the guest is intoxicated and will drive can face liability to the people that guest injures. The decision covers direct service by a host, so claims over large parties remain unsettled.
What Damages Can Victims Recover?
You can seek medical bills, lost income, and pain and suffering. New Jersey follows modified comparative negligence, so your fault reduces your award, and you recover nothing if your fault exceeds the other parties’ combined fault (N.J.S.A. 2A:15-5.1). You generally have two years to file. These claims involve car accident, premises liability, and personal injury law.
Frequently Asked Questions
Can I sue a bar if a drunk driver hurt me?
Yes, if the bar served a visibly intoxicated person and that service caused your injuries. A claim against the bar can proceed alongside your claim against the driver.
How long do I have to file?
Most New Jersey injury claims carry a two-year deadline, so act early to preserve surveillance footage and receipts.
Do casinos follow different rules than bars?
No. The Dram Shop Act covers licensed alcoholic beverage servers, and the Harrah’s decision applied it to a casino.
Atlantic City Car Accident Lawyers at D’Amato Law Firm Will Hold Every Responsible Party Accountable
A drunk-driving crash can involve more than one responsible party. The Atlantic City car accident lawyers at D’Amato Law Firm will review what happened, who served the driver, and which evidence you need to preserve. Call us at 609-926-3300 or fill out our online contact form to schedule a free consultation. Located in Egg Harbor Township, New Jersey, we serve clients in the surrounding areas.