Minnesota Dram Shop Liability Laws Help Prevent DUI Fatal Accidents
This post was written by Eric Hageman, an accident attorney with the Pritzker law firm in Minneapolis, MN. He represents accident victims throughout Minnesota and has won several settlements and verdicts over $2,000,000. He is available for a free consultation.
In this week’s Morbidity and Mortality Weekly Report (MMWR), the Centers for Disease Control and Prevention (CDC) reports that alcohol-impaired driving accounts for nearly 11,000 fatalities per year, or about one third of all crash fatalities in the United States.
The CDC estimates that in 2010, there were approximately 112 million alcohol-impaired driving incidents and “binge drinking” played a big role in those incidents:
- 85% of alcohol-impaired driving episodes were reported by persons who also reported binge drinking; and
- The 4.5% of the adult population who reported binge drinking at least four times per month accounted for 55% of all alcohol-impaired driving episodes.
One strategy Minnesota has used to prevent driving under the influence (DUI) and the resulting fatal accidents is dram shop liability laws, which hold alcohol retailers (both on premises and off premises) legally responsible for harms caused by serving alcohol to visibly intoxicated patrons. The Minnesota dram shop law reads as follows:
A spouse, child, parent, guardian, employer, or other person injured in person, property, or means of support, or who incurs other pecuniary loss by an intoxicated person or by the intoxication of another person, has a right of action in the person’s own name for all damages sustained against a person who caused the intoxication of that person by illegally selling alcoholic beverages.
The dram shop laws are an important part of accident prevention, and we have used them to hold bars and other alcohol retailers accountable for their actions.
Minnesota has also initiated an ignition interlock device program to help prevent drinking and driving. An ignition interlock is, in essence, a breathalyzer installed on the dashboard. As of July 1, 2011, first-time alcohol offenders with an alcohol concentration of 0.16 or above and all second-time alcohol offenders have the option of regaining their driving privileges by participating in the program. Drivers whose licenses are canceled and whose privileges are denied as “inimical to public safety” are required to enroll in the ignition interlock device program for a period of three to six years in order to regain full driving privileges.
Our attorneys represent families in DUI wrongful death lawsuits throughout Minnesota: Twin Cities, Minneapolis, St. Paul, Rochester, Duluth, Moorhead, Mankato, Brainerd, Bloomington, Eagan, Eden Prarie, Apple Valley, Maple Grove, Edina, Plymouth, Minnetonka, Stillwater, Thief River Falls, Bemidji, Grand Rapids, Austin, Worthington, Woodbury, Maplewood, Golden Valley, Shoreview, Blaine, Anoka, South St. Paul, White Bear Lake, Roseville, St. Cloud, Arden Hills, Brooklyn Park, Forest Lake.
Driver Using Cell Phone Rear Ended a Car and Killed a Baby in a Columbia Heights Accident
On March 18, a woman was speeding down Central Avenue in Columbia Heights and looking for the cell phone she had just dropped. She rear-ended a car stopped at an intersection and killed a baby, a 14-month-old. The baby was properly strapped into his car seat, but the force of the impact (remember she was speeding) caused fatal head injuries.
The woman, Jessica Howe, was charged today with criminal vehicular homicide in Anoka County.
A reconstruction of the accident determined that Howe was driving 55 miles per hour when the speed limit was 40. According to the accident report, Howe’s car left no skid marks, meaning she did not even try to stop, which makes sense since she said she was looking for her cell phone.
According to the Minnesota Department of Public Safety:
Each year in Minnesota, distracted or inattentive driving is a factor in one in four crashes, resulting in at least 70 deaths and 9,000 serious injuries. The Office of Traffic Safety estimates these numbers are vastly underreported due to law enforcement’s challenge in determining distraction as a crash factor.
Talking on a cell phone while driving is an especially dangerous form of driver distraction. A few states have made it illegal to use a cell phone while driving. In Minnesota, texting while driving is prohibited but talking on a cell phone while driving is still not illegal with a few exceptions. It is time to ban cell phone use while driving.
For more information, please see “Accident Caused by a Cell Phone.”
Drunk Driver Liability in MN: DWI NightCAP Arrests Up in July
If the driver’s alcohol concentration is .08 or more, the driver is in violation of Minnesota Statute, Section 169A. If someone violates this law, it is prima facie evidence of negligence in a civil case (Minnesota Statutes, Section 169.96 (2006)). When a drunk driver is involved in an accident, people injured in the accident and the families of persons killed in the accident can file suit against the driver seeking compensation from the driver, his insurance company and a dram shop (bar, restaurant or other place that serves alcohol) if one is involved.
The injured party can ask for punitive damages, which, depending on the circumstances, can be significant. For example, our Minnesota car accident lawyers won $6,000,000 on behalf of a 26 year-old female passenger whose right leg was amputated when the motorcycle on which she was a passenger was struck by a drunk driver. Contact Attorney Fred Pritzker about this and other settlements and verdicts for victims of drunk driving accidents.
Even though there are severe criminal and civil consequences, drunk driving continues to be a problem in Minnesota.
According to the Minnesota Department of Public Safety, July Operation NightCAP (nighttime concentrated alcohol patrol) DWI enforcement campaigns resulted in 196 DWI arrests — the highest monthly total for DWI arrests in 2009. NightCAP is funded by the National Highway Traffic Safety Administration and is coordinated by the Minnesota Department of Public Safety.
NightCAP targets the 13 deadliest counties for impaired driving: Anoka, Blue Earth, Crow Wing, Dakota, Hennepin, Itasca, Ramsey, Rice, St. Louis, Sherburne, Stearns, Washington and Wright. During 2005–2007, these counties accounted for more than half of the state’s alcohol-related deaths (272) and serious injuries (663).
NightCAP efforts have generated 1,284 DWI arrests since enhanced DWI patrols began in fall 2008: Anoka (372), Blue Earth (89), Crow Wing (26), Dakota (61), Hennepin (270), Itasca (36), Ramsey (165), Rice (43), St. Louis (61), Sherburne (66), Stearns (36), Washington (36) and Wright (23).
Attorney
Special DWI Enforcement Plan
The Minnesota Office of Traffic Safety will fund special DWI enforcement efforts in five counties this year as part of a heightened enforcement effort to curtail drunken driving in counties with a history of alcohol-related crashes.
The five counties are Ramsey, Rice, St. Louis, Sherburne and Stearns.
According to the Winter 2009 newsletter of the Office of Traffic Safety, law enforcement officers will target various traffic corridors and mark them with illuminated “DWI Arrest Zone” signs. The officers also will patrol other roads in search of motorists who attempt to circumnavigate the high-visibility DWI enforcement areas.
As car accident lawyers who represent injury victims of alcohol-related crashes, the firm of PritzkerOlsen Attorneys applauds the measure. In 2008, a series of special DWI enforcement efforts resulted in 52,833 vehicle stops resulting in more than 3,000 DWI arrests — one arrest per 17 traffic stops.
Under Minnesota Statute, Section 169A, it is a violation of Minnesota law to drive with an alcohol concentration of .08 or more. If someone violates this law, it is prima facie evidence of negligence in a civil case (Minnesota Statutes, Section 169.96 (2006).
In a civil action against a drunk driver, the injured party can ask for punitive damages, which, depending on the circumstances, can be significant. For example, PritzkerOlsen won $6,000,000 on behalf of a 26 year-old female passenger whose right leg was traumatically amputated when the motorcycle on which she was a passenger was struck by a drunk driver.
Special DWI enforcement initiatives can help reduce the chances of such accidents ever happening.
According to the Office of Traffic Safety, the state’s 13 deadliest counties for impaired driving are Anoka, Blue Earth, Crow Wing, Dakota, Hennepin, Itasca, Ramsey, Rice, St. Louis, Sherburne, Stearns, Washington and Wright. The 13 counties accounted for nearly half of the state’s alcohol-related deaths (272) and serious injuries (663) during 2005-2007.
