Fault, Negligence & Florida's 2023 Changes

Can I sue the bar that overserved the driver who hit me?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Only if the driver was under 21, or if the establishment knowingly served someone habitually addicted to alcohol.

Possibly, but only within the two narrow exceptions.

If the driver was under 21. This is the more workable route. What must be shown is that the establishment willfully and unlawfully furnished alcohol to someone not of lawful drinking age — meaning it knew the person was underage. Evidence includes identification practices, surveillance, receipts, and employee testimony.

If the driver was habitually addicted. Considerably harder. It requires showing the establishment knew — typically through employee testimony that the person was a regular known to have a drinking problem, prior tabs establishing a pattern, or documented history at that location.

What is not enough: that the driver was visibly intoxicated, that their blood alcohol was well above the limit, or that any reasonable bartender should have stopped serving.

Practical step if either exception might apply: surveillance footage and point-of-sale records are the evidence, and both disappear quickly. A preservation letter needs to go out immediately.

If the driver was underage, act fast. The bar's footage won't last the month. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.