Can You Sue a Bar or Restaurant After a Drunk Driving Crash in Arkansas?

Understanding Third-Party Liability in DUI Accidents

If you've been injured in a crash caused by a drunk driver, your first instinct might be to hold that driver accountable—and rightfully so. But what if someone else also played a role in the accident? In Arkansas, you may be able to hold a bar, restaurant, or other alcohol-serving establishment responsible under what's known as "dram shop" liability.

At Walker Law Group in Fort Smith, we represent victims of drunk driving accidents and fight to uncover every avenue for compensation. If a business contributed to a driver's intoxication, they could share in the legal responsibility for the injuries and losses you’ve suffered.

What Is Arkansas's Dram Shop Law?

Arkansas law allows victims of drunk driving accidents to sue a business that sold or served alcohol to the driver—but only under specific conditions. According to Arkansas Code § 16-126-103, an alcohol vendor can be held liable if:

• The vendor knowingly served alcohol to a person who was clearly intoxicated
• The intoxication was a direct cause of the injuries or death that followed

This law is meant to hold businesses accountable when they continue serving alcohol to someone who poses a clear danger to the public. It’s not about punishing bars for serving drinks—it’s about stopping obviously drunk individuals from getting behind the wheel.

What Counts as "Clearly Intoxicated"?

This is a key part of a dram shop claim—and often the most contested. Under Arkansas law, “clearly intoxicated” means the individual was exhibiting visible signs of being drunk. This can include:

• Slurred speech
• Staggering or difficulty walking
• Glassy or bloodshot eyes
• Belligerent or erratic behavior
• Inability to answer questions coherently

If a bartender or server noticed these signs—or should have—and continued to serve alcohol anyway, they may have violated Arkansas’s dram shop law.

Who Can Be Held Liable?

Dram shop liability isn’t limited to just bars. You may be able to sue any business that serves alcohol to the public, including:

• Restaurants
• Nightclubs
• Casinos
• Sporting venues or concert halls
• Liquor stores (in cases involving minors)

Keep in mind that not every case qualifies. The evidence must show that the establishment served someone who was visibly drunk, and that the intoxication led to your injuries.

How Do You Prove a Dram Shop Case?

Proving that a business served an obviously intoxicated person can be challenging—but not impossible. That’s why it's essential to work with an experienced personal injury lawyer. At Walker Law Group, we investigate dram shop cases by gathering:

• Surveillance footage from the bar or restaurant
• Witness statements from patrons or employees
• Receipts or credit card records showing how much alcohol was served
• Police reports and toxicology results
• Social media posts or text messages that place the driver at the location

Timing is critical. Businesses may delete security footage or “forget” what happened unless action is taken quickly. Our team sends preservation letters and subpoenas to secure this evidence before it's gone.

Why File a Claim Against a Business?

In many drunk driving crashes, the at-fault driver may have limited auto insurance—or none at all. Medical bills, lost wages, and pain and suffering can easily exceed what a basic policy will cover. If a bar or restaurant also contributed to the situation, holding them accountable could be your best chance at full financial recovery.

A dram shop claim may also be the only way to send a message to alcohol vendors that negligence has consequences. These cases can help change policies and prevent future tragedies.

What Damages Can You Recover?

If your dram shop claim is successful, you may be able to recover compensation for:

• Emergency medical treatment and hospital stays
• Ongoing rehabilitation and therapy
• Lost income and diminished earning capacity
• Property damage
• Pain, suffering, and emotional distress
• Wrongful death damages (if a loved one was killed)

Each case is unique, and the amount you can recover depends on the facts and the strength of the evidence. Our legal team can evaluate your case and provide an honest assessment of what to expect.

How Long Do You Have to File a Claim?

In Arkansas, you generally have three years from the date of the accident to file a personal injury lawsuit. However, gathering the evidence needed for a dram shop case takes time. The sooner you speak with a lawyer, the better your chances of building a strong case before key information is lost.

It’s important to act quickly to preserve your rights—and to give your attorney time to investigate every potential source of liability.

Let Walker Law Group Fight for the Justice You Deserve

Drunk driving accidents are entirely preventable—and when they occur, multiple parties may be responsible. If you were hurt by someone who never should have been served that last drink, we want to hear your story.

At Walker Law Group, we don’t just handle the paperwork. We build strategic, aggressive claims that hold individuals and businesses accountable. Whether you’re dealing with painful injuries, lost income, or the tragic loss of a loved one, we’ll stand beside you and fight for what’s right.

To speak with a personal injury attorney about your drunk driving accident, contact us today. Your consultation is free—and there’s no fee unless we win your case.