A speeding car crashed and burned, killing all three of the occupants. We were asked to investigate the event by the family of one of the passengers, a young mother who died leaving 2 minor children. Unfortunately, this passenger was married to the driver, who had few assets and only a small amount of insurance. In an effort to determine if anyone else might be liable to pay compensation to the surviving children for their mother’s death, we investigated the safety of the road, and the condition of the vehicle, neither of which appeared to be responsible. However, we were able to establish through exhaustive investigation and medical and expert testimony, that the driver was likely intoxicated at the time of the accident
, and that he had likely been over-served alcoholic beverages
at a Tucson bar immediately prior to the collision. (experts in liquor liability, accident reconstruction, and toxicology were utilized.) Under Arizona law, a bar may be liable for injuries or deaths caused by an drunk driver who was served alcoholic beverages at the bar when he was already intoxicated. A dram shop case for wrongful death was brought against the bar by the families of the 3 people killed in the collision. Bache & Lynch were the lead counsel, and developed all legal theories and evidence. The case resulted in the insurer for the bar paying its maximum insurance coverage, $1,000,000.00, to the survivors.