A tourist hit me after going wine tasting – who is responsible for paying for my injuries?

One of the things California is famous for is wine tasting. People flock to the state from all over the world looking to sample from some of the best vineyards. Unfortunately, they bring with them an increased risk of car accidents.

Many of the people visiting these wine destinations are driving from vineyard to vineyard and imbibing alcohol along the way. This compounded with the fact that out-of-towners are unfamiliar with the local roads means the chance of one hitting and injuring you or someone you know increases dramatically.

When you or someone you know is hit by a person who you suspect may have been sampling wines (or any other alcohol for that matter), the question of who is responsible for your injuries can get messy.

First, many tourists are driving rental cars which means that they might be using the insurance of the car rental agency and their own personal insurance. Insurance companies are always trying to minimize the amount of money they pay out for your injuries, and when you have more than one involved (in this case as many as three including your own) it can often mean they try to pass the buck even if it leaves you drastically under-compensated for your injuries.

To further complicate things, the vineyard may also share some part of the blame. California state law requires that any business which serves alcohol is to do so in a responsible manner and they can’t knowingly allow an overly drunk person to drive. If they over serve a customer or know that they are drunk and are about to leave to drive to the next vineyard (or bar, restaurant, etc) then they may well be guilty of negligence and so are required by law to pay for part or all of your injuries if you are hit by that drunk individual.

Unfortunately, this adds another layer of complication. Now you have multiple insurance companies trying to pass the duty to pay you for your injuries off on each other, but each one can then argue that they aren’t responsible at all, and in fact the business that served the person alcohol is actually responsible. One thing isn’t complicated though, and that the fact that the only way you’re going to be able to sort all this out and get the compensation you deserve for your injuries is to get a skilled attorney to hold the feet of these entities to the fire and force them to accept responsibility.

Here at Slatter Law Firm, we are clear-headed and dead set on getting you a resolution you deserve from your case. When someone decides that trying the latest Cabernet is worth putting your health at risk, and insurance companies try to dodge responsibility for providing the very service they collect payments for every month, and a Vineyard or bar puts profits before their state mandated duty to try and prevent accidents like this, you need a skilled, competent attorney in your corner.

For over 30 years, we have been that attorney. If you or someone you know has been injured in a car accident, especially if it involves wine tasting or drinking, please call us today for your free consultation at  (310) 444-3010 or toll-free at (888) 293-0404.


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