Financial Compensation For Drunk Driving Victims in Illinois
Have you or a loved one been hit by a drunk driver? Attorney contributor and DUI victim lawyer Brian Kent of CrimeVictimAttorney adds some of his thoughts on legal recourse for drunk driving accident victims:
After a car accident, it’s important to determine who was at fault for causing the accident. Once this is determined, the other driver often has grounds to file a personal injury claim against the at-fault driver. Determining fault can be complicated in many accident cases, but drunk driving cases are usually more straightforward, as driving drunk is an obvious example of negligence.
In addition to having a strong case for a claim against the drunk driver, victims often also have grounds for a lawsuit against a negligent third party. According to Illinois dram shop laws, alcohol vendors (like bars, nightclubs, liquor stores, etc.) can be held liable for injuries suffered by drunk driving victims if the following circumstances apply:
- The individual who caused the accident was intoxicated when the accident occurred
- The alcohol vendor sold or gave alcohol to the intoxicated person, who consumed it
- The alcohol given to the person by the vendor caused the intoxication
- The victim’s injuries resulted from the intoxication, and
- The victim suffered personal injuries or property damage as a result of the intoxication.
Unlike dram shop laws in most other states, Illinois does not have a “visibly intoxicated” requirement – meaning that even if the person they served was not already visibly intoxicated, the alcohol vendor could potentially still be held liable for damages.
If you’re curious about your legal options after being involved in an accident caused by a drunk driver, we suggest discussing your case with an experienced DUI victim lawyer.
The Intersection of DUI Accident in Kaneville Township