According to KWQC, on August 29th around 6:15 p.m. Martin Polk was traveling down 40th Avenue near 40th Street in Smithshire, IL.
Polk lost control of his vehicle and went off the road into a cornfield. The vehicle overturned leaving one passenger dead and three others injured. There are no further details of their injuries.
Polk was charged with aggravated DUI, aggravated reckless driving, and other related citations.
Attorney contributor Brian Kent represents drunk driving crash victims and their families in civil lawsuits. Brian has offered to share some information on the legal rights of these victims and families in Illinois:
All states allow for victims injured in drunk driving crashes, or family members of victims killed in drunk driving crashes, to file a personal injury lawsuit against the driver. However, there may be more legal options for these victims.
In many states, including Illinois, third-party liability laws exist known as dram shop laws. These laws may allow a victim to sue the alcohol vendor who provided the driver alcohol prior to the crash.
Illinois dram shop laws state that an alcohol vendor can be held responsible for injuries or deaths caused by a customer if they served alcohol to someone who was visibly intoxicated at the time of service. Or if they served alcohol to a minor under the age of 21.