Understanding the Illinois Dram Shop Act

 Posted on October 09,2024 in Personal Injury

If you have been injured in a car accident caused by a drunk driver in Illinois, it is important to understand the Illinois Dram Shop Act. Consulting with a knowledgeable lawyer can help you navigate the complexities of the law and ensure you receive the compensation you deserve for your injuries.

What is the Illinois Dram Shop Act?

The Illinois Dram Shop Act (235 ILCS 5/6-21) provides a legal avenue for individuals injured due to the negligence of alcohol-serving establishments. It allows victims to pursue claims against bars, restaurants, or other venues that over-serve alcohol to patrons.

The law aims to promote responsible serving practices and reduce alcohol-related accidents. Suppose a person becomes intoxicated while at a bar and subsequently causes a car accident. In that case, the injured party may hold the establishment liable if it can be proven that they served alcohol despite knowing the patron was intoxicated.

Liability Under the Dram Shop Act

To pursue a claim under the Dram Shop Act, certain criteria must be met. First, you must demonstrate that the establishment served alcohol to the person just prior to the accident. You must also establish that this over-service was a direct cause of the injuries sustained in the accident.

Importantly, the law places responsibility not only on the driver but also on the establishment that failed to exercise reasonable care. This dual liability system aims to discourage irresponsible behavior in alcohol service and provide legal remedies for those impacted by such negligence.

Proving Negligence After Being Injured in an Accident

Establishing that the bar or restaurant was negligent in serving alcohol is critical. This may include gathering evidence such as surveillance footage, witness testimonies, and receipts that show the amount and timing of alcohol served.

A personal injury lawyer can play a pivotal role in collecting this evidence and making a compelling case. They can also assist victims in navigating the complexities involved in dealing with both the bar’s insurance and the drunk driver’s insurance.

Recovering Damages in the Wake of an Accident

If you successfully prove your case under the Dram Shop Act, you may be entitled to recover damages for various losses. These can include medical expenses, lost wages, pain and suffering, and even punitive damages in some cases. The injuries in drunk driving accidents can often be severe, leading to long-term health issues, rehabilitation costs, and emotional distress.

Contact Our Glenview, IL Dram Shop Liability Lawyer

Understanding the Illinois Dram Shop Act is vital for anyone injured by a drunk driver in Illinois. The skilled Park Ridge, IL dram shop liability attorney with Quinn Law Group, LLC can assist injured clients pursuing compensation. Call 847-232-7180 to schedule a free consultation.