What Are My Options Following a Holiday Drunk Driving Accident?

 Posted on November 30, 2020 in Auto Accidents

The holiday season is meant to be a happy time that is full of family togetherness, gift-giving, and preparing for the year to come. Unfortunately, car accidents involving drunk driving often increase during this time. Hundreds of people are killed in these types of collisions every holiday season, with around 300 fatalities occurring during the week between Christmas and New Year’s Day.

While it is unknown how the COVID-19 pandemic will affect the rates of traffic fatalities in the 2020 holiday season, drunk driving continues to be a concern. Even though many bars and restaurants are currently closed, reducing the chances that a person will drink and drive after a night out on the town, many people will still be drinking alcohol while attending holiday parties or getting together with their families. In addition, the isolation that many people are experiencing during the pandemic may cause them to increase their use of alcohol or drugs, leading to risky behaviors that could lead to dangerous car accidents.

Legal Options Following a Drunk Driving Crash

Car accident victims may have multiple options for pursuing compensation from a negligent driver or another party who was at fault for a collision. A person may be covered by the at-fault driver’s auto insurance policy, or in a case involving an uninsured or underinsured motorist, they may receive coverage through their own insurance policy. A personal injury lawsuit may also allow a person to recover damages from a driver or other parties, such as the manufacturer of defective auto parts or a government organization that did not correct a dangerous road or intersection.

Typically, a victim must demonstrate that the other party was responsible for an accident. In many cases, evidence will need to be gathered to show that a driver acted negligently by violating traffic laws or failing to pay attention to the road. However, in cases where a driver was found to be intoxicated, the fact that they were driving while drunk will usually be sufficient evidence that they acted negligently and caused injury to the victim.

Victims may also be able to pursue compensation through Illinois “dram shop” laws. Under these laws, a third party may be liable for injuries and damages caused by a drunk driver if they supplied alcohol that caused the driver to become intoxicated. While these laws typically apply in cases where a bar, restaurant, or liquor store sold alcohol to a person, they may also play a role in situations where a person became intoxicated at a holiday party and the host did not take steps to prevent them from driving drunk.

Contact Our Kane County Drunk Driving Accident Attorneys

If you or a member of your family have been injured by a drunk driver, Kinnally Flaherty Krentz Loran Hodge & Masur, PC can help you understand your options. We will work with you to identify the liable parties, and we will provide you with representation to ensure that you receive the financial compensation you deserve. Contact our Aurora personal injury lawyers at 630-907-0909 to arrange a free consultation today.

Sources:

https://www.transportation.gov/www.transportation.gov/TransportationTuesday/holiday-drunk-driving-facts

https://www.alcohol.org/statistics-information/holiday-binge-drinking/