New Mexico sees over 100 drunk driving deaths per year. When a motorist is injured in a New Mexico drunk driving accident, they can pursue a claim against the drunk driver through a New Mexico car accident lawsuit. However, under the state’s Dram Shop law, there may be other potentially liable parties that can also be named in the case.
The New Mexico Dram Shop law allows for an accident victim to hold an establishment responsible if the establishment overserved alcohol to the customer past the point of intoxication and the customer then went on to cause the accident victim’s injuries. The classic example is a bar that overserves a patron who is involved in a drunk driving accident after leaving the bar.
New Mexico Statutes section 41-11-1 contains the state’s dram shop law and provides that a person or establishment can be held liable if:
- The establishment sold or served alcohol to a person who was intoxicated;
- It was reasonably apparent that the person was intoxicated; and
- They knew or should have known from the surrounding circumstances that the person was intoxicated.