Like traffic laws, personal injury rules are different from one state to the next. Drunk driving is illegal in all 50 states, but the process of seeking compensation after a drunk driving crash is slightly different in every jurisdiction.
Most of the time, the primary party responsible for drunk driving crash expenses is the impaired motorist at fault for the collision. However, there are scenarios in which outside parties may potentially be partially liable for drunk driving crashes.
Does the law in Virginia allow those affected by drunk driving to hold a business accountable for their losses?
Virginia limits third-party alcohol liability
Many states have adopted dram shop laws. In cases where people can show that a business served alcohol to a visibly intoxicated patron or to a minor, the business may be partially liable for a drunk driving crash that occurred after that liquor law violation.
Other states have social host laws that allow those injured by underage drivers served alcohol by a non-licensed party to hold the adult host liable for the drunk driving incident. Virginia does not have dram shop or social host liability laws.
However, the state does recognize vicarious liability. In scenarios where a drunk driver is an employee who is on the clock performing job functions at the time of a drunk driving crash, their employer may be partially liable for the collision that occurred and the losses it generated.
Understanding when a business could be partially liable for a drunk driving collision can help those affected by a crash understand and assert their rights. While licensed alcohol providers may not be liable, employers sometimes are.
