Injured by a Drunk Driver; Now What?

 Posted on December 08, 2016 in Personal Injury

Being in a car accident with a drunk driver can be traumatic and can leave you with a variety of serious injuries. You may not know what to do in order to be compensated for the damage to your vehicle and the injuries you and your loved ones may have sustained.

The first thing you should understand is that a car accident caused by a drunk driver is no ordinary car accident. Under Illinois law, there are several differences. If you have been in such an accident, it is recommended that you meet with an experienced drunk driving accident attorney who understands the damages you may be eligible for and the parties who may be responsible.

Illinois Drunk Driving Laws

Drivers may not drive with a BAC level of .08% or higher. If the driver is under 21 years-old, a driver cannot drive legally if his or her BAC level is .01% or higher. Illinois law also bans carrying alcohol in open containers in cars.

Parties Who May Be Liable for Your Injuries

The drunk driver (and his or her insurer) is one obvious party who may be liable for your injuries, but there are additional parties who can also be held responsible.

It may be possible to file suit against the person or business who served the driver the alcohol. If the driver left a private home where he was over-served, the host may be liable under a legal theory called “social host liability.” If the driver left a bar or restaurant where he was over served, Illinois’ dram shop laws may allow accident victims to seek compensation from the establishment as well.

Types of Damages

In a typical car accident, an accident victim may be awarded damages for injuries such as past and future medical costs, pain and suffering, and loss of income.

Victims of drunk driving accidents may also be eligible for punitive damages in certain situations. Punitive damages are meant to punish the drunk driver and can be much larger than the typical car accident damage awards.  

Contact a Kane County Drunk Driving Accident Attorney

If you have been involved in a car accident that was caused by a drunk driver, you could have suffered multiple types of injuries and several people may be responsible. Being in this type of accident is more complex than a typical car accident, and you need an experienced lawyer to determine how you will get the full monetary damages you are entitled to under the law. Contact the skilled Aurora personal injury attorneys at Kinnally Flaherty Krentz Loran Hodges & Masur, P.C. for a free consultation today.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-604.1