Legal Options For Drunk Driving Crash Victims & Their Families in Illinois
Attorney contributor Brian Kent represents drunk driving crash victims and their families, helping them fight for the financial compensation they need and deserve. Here are some thoughts from Brian on the legal rights of these victims and families in Illinois:
In drunk driving crashes that occur in Illinois, the victims and their families may have legal recourse in two different types of lawsuits. A personal injury or wrongful death lawsuit can be filed directly against the drunk driver who caused the crash. Additionally, a dram shop lawsuit can be filed against the alcohol vendor who provided alcohol to that driver before the crash.
Each dram shop state has its own laws on this subject. According to Illinois’ dram shop law, alcohol vendors can be sued if:
- the person who caused the injuries or deaths was intoxicated at the time of the crash,
- the alcohol vendor sold or provided alcohol to the intoxicated person, who consumed it,
- the alcohol provided to that person was the cause of their intoxication,
- this intoxication at least partly caused the injuries or deaths,
- the injured people suffered personal injuries or property damage as a result.
In many states, vendors can only be held liable if the customer was already visibly intoxicated when alcohol was provided. However, Illinois is not one of these states. Simply providing the alcohol that caused intoxication which led to the crash is enough for an alcohol vendor to be held liable for a drunk driving crash in Illinois.
If you or someone you love has been injured or killed in a crash with a drunk driver, you can learn more about your family’s legal options in a free consultation with a drunk driving injury victims lawyer.
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