Kansas drunken drivers claim the lives of many other vehicle occupants, motorcyclists, bicyclists and pedestrians each year. While victims of drivers who commit DUI may seek compensation for their injuries, Kansas law provides fewer options than the law of virtually all other states. While most other states have dram shop statutes that permit those injured in collisions with a drunken driver to seek compensation against a restaurant, store or bar under certain circumstances, Kansas relegates the victims of drunken drivers to suing intoxicated drivers. The disadvantage of Kansas not recognizing dram shop liability is that it may limit the access of DUI accident victims to sufficient insurance to satisfy a judgment or settlement.
Dram shop liability in the majority of jurisdictions is a response to the devastating toll caused by alcohol impaired drivers. Over 1.4 million drivers per year are arrested for driving under the influence of drugs or alcohol. Approximately a third of all fatal motor vehicle accidents are alcohol related, which means that someone dies in a drunken driving accident in the U.S. every 57 minutes. An average of one in three people will be involved in a collision involving a drunken driver at some point during their lifetime.
The function of dram shop liability laws is to prevent proprietors of businesses that sale or serve alcohol from turning a blind eye to the danger of serving a minor or intoxicated driver. While dram shop laws may vary from state to state, they generally impose liability on owners of bars, restaurants or shops that sale or serve alcohol to someone they know or should know is obviously inebriated or under the age of 21. Under Kansas law, there is no cause of action against businesses that provide alcohol in such situations.
Kansas atypical position on dram shop liability can work enormous unfairness for the victims of drunken drivers. Many intoxicated drivers that cause fatal DUI accidents and catastrophic injuries are repeat offenders who may be operating their vehicle without a license or insurance. Drunken driving arrest statistics reveal that between 50-75 percent of drunken drivers continue to drive even though their driving privileges have been revoked or suspended. If drivers do not have a license, it also is likely that they do not have auto insurance.
Because Kansas does not impose liability on businesses that sale and/or dispense alcohol, other sources of compensation may be critical if a DUI accident victim is to receive full recovery. Our experienced Kansas drunken driving accident attorneys frequently look to a range of parties who may have insurance when a drunken driver is uninsured including:
- Public entities responsible for inadequately maintained or poorly designed roadways
- Vehicle manufacturers of cars, trucks or SUV’s with defects
- Vehicle owners who entrust vehicles to unsafe drivers
- Employers of those who cause alcohol-related crashes while engaged in employment functions
- An accident victim’s own uninsured/underinsured (UM/UIM) coverage
If you or someone you love has suffered serious injury or a loved one has been killed by a drunken driver in a Kansas DUI car accident, experienced drunken driving accident lawyer William Cummings is committed to representing the victims of intoxicated drivers in Wichita and throughout Sedgwick County and the surrounding areas of Kansas. We offer a free initial consultation so that we can answer your questions and evaluate your legal claim so call us today at 316-264-1548.