When a Drunk Driver Causes a Crash, Can the Host or the Bar Be Liable?

On this page:

• The rule: drinking, not serving, causes the crash
• The exception for under-21 guests at home
• Bars, restaurants and stores
• If a drunk driver hits you, who pays
• If you are the host
• Hosting without the risk
• At a glance

After a crash caused by a drunk driver, people naturally ask who else is responsible: the friend who threw the party, the bar that kept pouring, the store that sold the bottle. In many states the answer can include them. In California the Legislature chose a narrower rule, and knowing it changes both what an injured person can expect and what a host should worry about.

The rule: drinking, not serving, causes the crash

Civil Code section 1714 states the Legislature's intent plainly: furnishing alcohol is not the proximate cause of injuries caused by an intoxicated person; drinking it is. Building on that, section 1714(c) provides that, except for one situation described below, no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury, death or property damage to anyone else, resulting from the consumption of those drinks.

The exception for under-21 guests at home

Section 1714(d) carves out the important exception. A parent, guardian or other adult who knowingly furnishes alcohol at their residence to someone they know, or should have known, is under 21 can be sued, and in that case the furnishing of alcohol may be found to be the cause of the resulting injuries or death. The claim can be brought by the young person or by someone that young person harms, such as another driver hit on the way home from the party.

Bars, restaurants and stores

Business and Professions Code section 25602 makes it a misdemeanor to sell, furnish or give alcohol to a habitual drunkard or an obviously intoxicated person. But the same section says the seller is not civilly liable to someone injured as a result of the customer's intoxication. Section 25602.1 creates the exception: an injured person can sue a licensed seller, or anyone else who sells alcohol, that sold or furnished it to an obviously intoxicated minor, where that sale was a cause of the injury or death.

If a drunk driver hits you, who pays

• The driver's auto liability insurance is the main source, up to the driver's limits.
• Your own uninsured or underinsured motorist coverage steps in if the driver had no insurance or not enough. In California it is included with bodily injury liability unless you rejected it in writing.
• The driver personally is responsible for losses beyond the insurance.
• A host or seller only in the minor-related exceptions above.

If you are the host

For adult guests, section 1714(c) protects you from liability simply for serving them. That protection does not cover serving under-21 guests at your home, and it does not cover separate conduct of your own. Lending a guest your car is the obvious example. Under Vehicle Code section 17150, an owner is liable for the negligence of anyone driving the car with permission, and section 17151 limits that owner liability to $15,000 per person, $30,000 per accident and $5,000 for property damage. Handing your keys to someone you know is drunk can create liability of your own that those limits do not cap, and how your auto or homeowners policy responds varies by insurance company.

Homeowners and renters policies commonly include personal liability coverage, and an umbrella policy adds a higher layer on top. If you host often, it is worth knowing what yours provide.

Hosting without the risk

1. Never serve alcohol to anyone under 21, and do not let others do it at your home.
2. Line up designated drivers or rides before the party, not at the end of it.
3. Stop serving well before people leave and put out food and soft drinks.
4. Do not lend your car to anyone who has been drinking, and be ready to hold keys.
5. Offer a couch rather than an argument.

At a glance

The coverage that protects you in all of these situations is the coverage you carry before anything happens: solid liability limits and uninsured motorist coverage. You can review yours with a licensed broker in a couple of minutes.