How to Establish Liability and Pursue Compensation for a DUI Accident

 Posted on February 23, 2023 in Blog Post

Driving while impaired due to the use of drugs or alcohol increases the likelihood of a car accident by 36 times. Even with the sobering statistics that demonstrate the dangers of drunk driving, people continue to risk their lives and the lives of others by driving while they are intoxicated. In Illinois, more than 20,000 people are arrested for drunk driving each year. If you have been injured by a drunk driver, a skilled attorney can help you establish liability and take steps to get the compensation you deserve.

BAC and Negligence

Drunk driving is associated with negligent behavior that could have been avoided. Driving under the influence of alcohol is considered reckless behavior, because willingly got behind the wheel of a vehicle when they knew they were too intoxicated to drive safely. The legal limit for blood alcohol content (BAC) in Illinois is .08 percent, and driving with a BAC above this limit can result in serious legal ramifications, including jail time, fines, and the suspension of a person's driver's license.

If you are injured in a drunk driving accident, you can seek compensation for your injuries by proving that the accident was caused by another driver’s negligence. If a chemical blood alcohol test showed that a driver’s BAC exceeded the legal limit, this is usually sufficient evidence of their negligence, and they can be held liable for the damages they caused. The presumption of negligence in these cases is known as negligence per se. 

Unfortunately, collecting compensation, is not automatic, even if a drunk driver was clearly at fault. Insurance companies will often attempt to shift some of the blame to you, even if the other driver was drunk. They may also challenge the severity of your injuries in an attempt to reduce the payout. To overcome these tactics, you will need to work with an attorney who can negotiate a fair settlement or represent you in legal proceedings.

Other Parties May Be Liable

There are certain circumstances in which a drunk driver may not be the only party who is liable for a collision. The following situations are examples of cases where liability may be extended beyond the impaired driver:

• A person who gives anyone under the age of 21 alcohol can be held liable for damages caused if the underage driver causes an accident and injures someone.

• An employer may be held liable for damages if someone becomes intoxicated at a work party and goes on to cause a DUI accident.

• Under the Illinois Dram Shop Act, a business may be held liable for the actions of a drunk person if they supplied the alcohol to that person. The bar, restaurant, or liquor store that provided the alcohol that caused the driver to become intoxicated may be held liable for the failure to prevent the driver from taking actions that put others at risk..

• If a drunk driver does not have insurance, you may be able to pursue an uninsured or underinsured motorist claim under your insurance policy.

Contact a Des Plaines Drunk Driver Liability Lawyer

If you or a loved one has been injured in a drunk driving accident, you should contact a skilled Park Ridge DUI accident attorney as soon as possible. At Quinn Law Group, LLC, we will investigate your situation and advise you of the best options for recovering the maximum compensation for your injuries. Call 847-232-7180 for a free consultation.

Sources:

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf

https://driving-tests.org/driving-statistics/