they can Thats incredibly sad. It might sound cold but I really hope that father doesn't get a cent. How is that incredibly sad? Bars/bartenders are not supposed to overserve folks precisely so that situations like this can be avoided. Yes, because bartenders know everybody's tolerance and BAC and should be expected to stop serving somebody right when they're over the legal limit. While we're at it, let's install breathalyzers in every bar test everybody's BAC before they're allowed to order a drink. Just because a guy is drunk and over the limit doesn't mean a bartender can tell that the guy is. EDIT (just so I don't come off sounding like a complete dick): I do agree to a point that bars and bartenders should be held liable. If a guy is falling over and slurring and is visibly drunk, that is one thing, and then you shouldn't serve them. But with a lot of drinkers, especially some experienced ones, it is hard to tell when somebody is over the legal limit. It is common sense not to serve someone who is stumbling drunk. However, some people seem to think that you have to be stumbling drunk to be dangerous. All a person has to have is a buzz or even less to have their driving ability impaired to the point of being a danger to others. I am an ex-bartender, and can verify that it is quite hard to tell who has had too much. It's easy to tell who's had WAY too much, but most people can be far too drunk to drive without falling off of barstools or stumbling around and slurring their speech. And on a busy night when a bar is full, you can't expect a server to babysit every patron. And it is true, the really experienced drinkers, those that wear their drunkenness well and have fooled themselves into thinking they have control or measure over it that are the most dangerous of all. And then there those heroes who think their tolerance is higher so they can have a higher BAC than another person and be no less impaired. It's all a bunch of BS. Personally, I think a lot of people like to debate this so they can convince themselves that they are responsible, that their drinking doesn't cross the line, and that if it does, there will someone else to blame. It is all a way to justify behaviors that they themselves feel some uncertainty over. The bottom line is that as soon as a person decides to go out and drink, they have begun a chain of events that they and they alone bear the responsibility for. It the god given right of no one to be able to drink at all and drive. If a person wants to be assure that they won't be convicted of DUI, they should have zero drinks. Any consumption before driving is a chance taken. I am not some straightedge teetotaler, but I don't drive after I drink. If you can't get a sober DD, drink at home. If a person drinks and drives, they deserve whatever bad happens to them. It's the people they might kill that don't deserve it.