I don't see how they even have a case against the bar. Perhaps he doesn't -- I suppose that the key will be to show that he was "visibly intoxicated". I assume that there will be a lot of witnesses that will be able to back up someone's side of the story. That's for the courts to decide. The bar did offer him a cab, which leads me to suspect he may have in fact been "visibly intoxicated". Bah FTJ, you're trolling now. Why? -- Because I don't agree with you? -- Whatever... Plus, in defending his BAC the taverns would simply ask to prove he didn't drink anything between the tavern and his car. The BAC won't be evidence, if I understand that MO law correctly. Certainly the bar will be able to defend themselves, and when all the facts are on the table, they may be untouchable. That will come out in court. As for the tow truck, you might be right that what I said wouldn't be a valid defense. I won't pretend to know whether it would be a valid defense or not. I just think that the father has a right to ask questions, and make sure that other parties were or were not partly responsible. But they are only starting this to help them when they get their balls sued off in a few months. Perhaps. I don't know their family -- but having been involved in a situation much like this I can tell you from my experience that there is probably a lot of emotion fueling what happens, and I would be skeptical that this lawsuit was a pre-emptive strike. My guess is that the father is sad/angry and wants some sort of justice for his son, and I find it natural for him to be prejudiced on his son's behalf. How would the towing company be anymore responsible than Hancock? Tow trucks have rules and regulations they have to follow to prevent accidents -- they have to get the vehicles off the road as quickly as possible, set up flares, etc... it could be possible that they are entirely responsible for this accident. When was the last time a drunk driver killed someone and then sued the bar for serving him too much? Bars are responsible. Would you think it is OK for a victim to sue a bar that served someone way too much alcohol? Each state has laws about this sort of thing. Truthfully, he's lucky that he only killed himself, and his family should leave it at that. I understand your sentiment - I don't think Josh was lucky by any stretch.