Helping Victims of Drunk Driving Accidents

 Posted on March 03, 2023 in Personal Injury

The 2022 DUI Fact Book from the Illinois Secretary of State establishes that there were 20,131 driving under the influence (DUI) arrests in 2020, and the 254 people killed in alcohol-related crashes represented 21 percent of the 1,195 total crash fatalities. There is little doubt that drunk driving accidents not only have the potential to cause serious injuries, but people often die in these collisions.

Both people who suffer injuries and family members who lose loved ones are entitled to seek compensation from drunk drivers in these cases. The Fact Book also noted that 86 percent of people arrested for DUI in Illinois are first-time offenders, so many drunk driving accidents are the result of people not properly gauging their intoxication levels.

Illinois DUI Laws

A person is considered to be under the influence in Illinois when they have:

• A blood-alcohol concentration (BAC) of 0.08 percent or more
• A tetrahydrocannabinol (cannabis) concentration (THC) of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance
• Used any other controlled substance
• Been impaired by medication

People can still be arrested when they have a BAC of less than 0.08 and are exhibiting other signs of impairment. When a drunk driver causes a crash in Illinois, their intoxication can be evidence of negligence per se, which means that the driver’s violation of state law makes them liable for the accident.

The result is that many drunk drivers can be held responsible for various kinds of damages in these cases. Insurance companies for negligent drivers will certainly try to avoid having to pay anything, but a DUI arrest following a crash will usually make it difficult for the drunk driver to avoid liability.

Understanding Illinois Dram Shop Laws

Under 235 Illinois Compiled Statute (ILCS) § 5/6-21, any person who is injured in Illinois by any intoxicated person has a right of action in their own name against any person who causes the intoxication of that person. Illinois Pattern Jury Instructions § 150.00 also establish that Section 6-21 of the Liquor Control Act of 1934 (the Dramshop Act) creates a cause of action against owners of businesses that sell liquor for physical injury to a person, for injury to tangible property, or for injury to means of support or loss of society, caused by an intoxicated person.

Dram shop claims can help people recover more compensation when the insurance policy of a drunk driver will not provide enough compensation. People will want to retain legal counsel for any dram shop claim because these need to be filed within one year, which is less than the traditional statute of limitations for most injury claims.

Contact a Barrington Drunk Driving Accident Lawyer

Did you suffer injuries or was your loved one killed in a drunk-driving accident in Illinois? You will want to speak to the Barrington drunk driving accident lawyers at Lucas Law so we can help you understand all of the legal options available to you.

Our firm offers consultations and meetings through Zoom, Skype, or FaceTime. Call 847-381-8700 or contact us online to arrange a free consultation.

Sources:

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

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-21