Are Bartenders Responsible for Drunk Drivers in Spokane, Washington?

Drunk driving accidents are devastating. They leave families grieving, survivors struggling with injuries, and communities searching for accountability. While the impaired driver is the one who gets behind the wheel, you may wonder—are bartenders responsible for drunk drivers?

In Washington, dram shop and social host liability laws determine when a bartender, bar owner, or even a private party host could be held accountable for overserving a visibly intoxicated person who later causes a crash. These laws exist to prevent reckless alcohol service and to reduce the number of preventable accidents caused by drunk drivers.

If you or a loved one were injured by a drunk driver in Spokane, here’s what you need to know about liability and whether bartenders can be held responsible.

Washington’s Dram Shop Laws: Can a Bar Be Liable for Overserving Alcohol?

Washington has dram shop laws that allow injury victims to hold alcohol-serving establishments accountable when they overserve intoxicated patrons. These laws apply to bars, restaurants, nightclubs, and any other businesses licensed to sell alcohol.

Under RCW 66.44.200, it is illegal to serve alcohol to a person who is “apparently under the influence of liquor.” This means bartenders and servers must stop serving customers who show clear signs of intoxication, such as:

• Slurred speech
• Bloodshot eyes
• Difficulty walking or standing
• Aggressive or reckless behavior
• Ordering drinks rapidly

If a bar knowingly serves alcohol to someone who is already intoxicated and that person later causes a crash, the establishment could be held liable in a personal injury or wrongful death lawsuit.

When Can a Bartender Be Held Responsible for a Drunk Driver?

Bartenders are expected to recognize when a customer is too intoxicated to be served more alcohol. While they are not personally liable in most cases, their employer—the bar or restaurant—can face legal consequences if they served alcohol recklessly.

A bar could be liable if:

• The bartender knowingly served a visibly intoxicated person
• The drunk driver caused an accident after leaving the establishment
• The victim can prove the bar’s service contributed to the crash

However, proving liability isn’t always simple. The burden is on the victim to show that the bar’s actions played a role in the accident.

Social Host Liability: Are Party Hosts Responsible for Overserving Guests?

Unlike some states, Washington does not hold private party hosts responsible for serving alcohol to adults who later cause a drunk driving accident. However, if a host provides alcohol to a minor under the age of 21, they can be held liable.

Under RCW 66.44.270, it is illegal to supply alcohol to a minor, and doing so can lead to criminal charges and civil liability if the intoxicated minor causes harm to someone else.

For example, if a homeowner allows a teenager to drink at a party and that teenager drives drunk and causes a crash, the host could be sued by the victims.

How Comparative Negligence Affects a Dram Shop Case

Washington follows a pure comparative negligence system (RCW 4.22.005), meaning that fault can be divided among multiple parties in a lawsuit. Under this rule, a victim’s compensation may be reduced based on their percentage of fault, but they are not barred from recovery—even if they are partially responsible for the accident.

In the context of dram shop liability, multiple parties may be considered at fault, including:

• The drunk driver who made the decision to drink and drive
• The bar or restaurant, if they overserved a visibly intoxicated person
• In rare cases, the victim, if their actions contributed to the crash in some way (e.g., reckless driving or distraction)

Because comparative negligence applies to dram shop cases, bars and their insurance companies will often try to minimize their share of liability by shifting blame to the driver or even the injured party.

Examples of Comparative Negligence in Dram Shop Cases

Example 1: A Bar Overserved an Intoxicated Driver Who Caused a Crash

A man spends several hours drinking at a Spokane bar. Despite slurred speech and stumbling, the bartender continues to serve him. He later gets behind the wheel and crashes into another driver, causing serious injuries.

In this case, the injured driver may file a dram shop lawsuit against the bar, arguing that its negligence contributed to the crash. However, the bar’s attorneys may argue:

• The driver made the conscious choice to drink and drive, placing most of the fault on them.
• The injured driver was speeding or not wearing a seatbelt, which may reduce their compensation.

If the court determines the bar was 40% responsible, the driver 50% responsible, and the victim 10% responsible, the victim’s total compensation would be reduced by 10%.

Example 2: A Passenger Injured in a Drunk Driving Crash Sues a Bar

A woman is a passenger in a car driven by her intoxicated friend, who was drinking at a local restaurant before getting behind the wheel. The friend loses control and crashes, causing severe injuries to the passenger.

In a lawsuit against the restaurant, the defense might claim:

• The passenger willingly got into the car with an intoxicated driver, knowing they had been drinking.
• The driver is primarily responsible for their own actions.

A court may determine that the driver was 70% at fault, the restaurant 20%, and the passenger 10%, reducing the passenger’s total award by 10%.

Example 3: A Pedestrian Hit by a Drunk Driver Files a Claim Against a Bar

A pedestrian is legally crossing the street when they are hit by a drunk driver who was overserved at a nightclub. In this case, the pedestrian has no fault, but the nightclub’s attorneys may argue:

• The driver should bear 100% responsibility, not the establishment.
• There is no proof that the nightclub continued to serve the driver after they were visibly intoxicated.

Here, proving dram shop liability would require witness testimony, bar receipts, and surveillance footage. If evidence shows the driver was recklessly overserved, the nightclub and the driver could be held partially liable.

How an Attorney Can Help Fight Comparative Negligence Claims

Bars and insurance companies will use comparative negligence defenses to reduce their financial liability. An experienced DUI injury lawyer can counter these arguments by:

• Gathering strong evidence (receipts, security footage, witness testimony) to prove overservice.
• Working with toxicologists to estimate the driver’s BAC and determine whether they were visibly intoxicated before being served more alcohol.
• Challenging victim-blaming tactics that could unfairly reduce compensation.

Even if the bar or restaurant is found partially responsible, Washington’s comparative negligence laws still allow victims to recover damages. A well-built case can help maximize compensation and hold all negligent parties accountable.

Potential Damages in a Dram Shop Lawsuit

If a bar or restaurant is found liable for overserving an intoxicated person who later caused an accident, they may be required to compensate the victims for damages such as:

• Medical expenses – Emergency care, surgeries, rehabilitation, and ongoing treatment
• Lost income – If injuries prevent the victim from working
• Pain and suffering – Physical pain, emotional distress, and trauma
• Property damage – Repair or replacement costs for a damaged vehicle
• Wrongful death – Funeral expenses and loss of financial support if the victim was killed

The amount of compensation depends on the severity of the injuries and the role the bar played in the accident.

Challenges in Proving a Dram Shop Case

Holding a bar or restaurant liable for overserving a drunk driver isn’t easy. Even if the driver was clearly intoxicated, proving where and when they were overserved often requires strong evidence and legal expertise.

Common Challenges in Dram Shop Cases

• Lack of Direct Evidence – Bars rarely keep records of how many drinks they serve a customer, and surveillance footage may be deleted quickly.
• Denial from the Establishment – Bars and restaurants will often claim they did not overserve the customer or that the driver did not show signs of intoxication.
• The Driver Refusing to Cooperate – A drunk driver may not admit where they were drinking, making it harder to trace their alcohol consumption.
• Comparative Negligence Defenses – The bar may argue that the driver alone is responsible for their actions, shifting blame away from the establishment.

How to Report a Bar or Restaurant for Overserving Alcohol

Washington has strict laws prohibiting the sale of alcohol to visibly intoxicated individuals, and establishments that break these laws can face penalties. If you suspect a bar or restaurant is overserving patrons, you can report them to the Washington State Liquor and Cannabis Board (WSLCB).

How to File a Complaint:

• Online: Submit a complaint through the WSLCB website
• By Phone: Call WSLCB’s Enforcement Division at (360) 664-9878
• By Email: Send a report to [email protected]
• In Person: Visit a local WSLCB enforcement office

What Information Should You Provide?

• The name and location of the bar or restaurant
• The date and time the overserving occurred
• A description of the intoxicated individual’s behavior (e.g., slurred speech, stumbling)
• Any witness statements or supporting evidence, such as photos or videos

While reporting a bar won’t automatically prove liability in a civil case, it can help regulators take action against negligent businesses and prevent future harm.

Preventing Drunk Driving: How Spokane Bars and Restaurants Can Stay Compliant

To avoid liability, Spokane bars and restaurants are expected to follow state laws and practice responsible alcohol service. This includes:

• Training bartenders to recognize signs of intoxication
• Cutting off service to patrons who appear drunk
• Offering alternative transportation options (such as calling a cab or rideshare)
• Keeping records of incidents involving intoxicated customers

By following these precautions, establishments can reduce the risk of liability and, more importantly, prevent tragic accidents caused by drunk driving in Washington.

Holding Negligent Bars Accountable After a Drunk Driving Accident in Spokane

A drunk driving accident can turn your life upside down in an instant. If a bar or restaurant in Spokane overserved the driver who caused your injuries, you may have the right to hold them accountable. But dram shop cases are complex, and businesses will fight hard to avoid liability.

At Albrecht Law, our Washington personal injury attorneys understand Washington’s dram shop laws and know what it takes to build a strong case. Our team has experience investigating overservice claims, gathering critical evidence, and challenging the defenses bars and insurers use to avoid responsibility. Whether you’re seeking compensation for medical bills, lost income, or the devastating loss of a loved one, we are ready to fight for you.

Our firm’s legal expertise is well recognized—our Washington Legal Reference Guides are frequently cited by the Washington State Court of Appeals and the Washington State Supreme Court, reflecting our commitment to legal excellence.

At Albrecht Law, you are known. We combine cutting-edge technology with personalized service to support you through this devastating time. If you or a loved one have been injured due to a drunk driver’s negligence, call Albrecht Law at (509) 495-1246(509) 495-1246 for your FREE consultation, or contact us through our confidential online form today.

We proudly serve clients across Eastern Washington, including Spokane, Adams, and Grant Counties. Let’s discuss your options and take the next step toward resolving your case.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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