Drunk driving is a persistent problem in Chicago and throughout Illinois. In an Illinois self-reporting survey, residents reported about 475 intoxicated driving incidents per 1,000 residents. Many Chicago residents suffer serious injuries and fatalities in car accidents caused by drivers who drive while over the legal limit for blood alcohol concentration (BAC) of 0.8%. Additionally, under a unique Illinois law, a driver who drives erratically may be charged with drunk driving if signicantly impaired even if they test under the legal limit.
Civil claims for compensation for injury damages after a drunk driving accident proceed separately and independently of any criminal charges against the driver. A civil claim can move forward whether or not the drunk driver is convicted in criminal court.
The immediate aftermath of an accident is always traumatic, but for victims of drunk driving accidents, the moments leading up to the accident are often frightening as well. Encountering a drunk driver on the road leaves a hapless motorist vulnerable to the drunk driver’s erratic driving behaviors. In some cases, the other driver can move off the road and evade the dangerous driver, but sometimes an accident happens too fast to avoid.
After an accident, a victim may be too seriously injured to do anything except wait for help, but an accident victim who is able to use their phone, or ask an uninjured companion to use one, can document important evidence at the scene. After calling 911 to report the accident, use the phone’s camera to take photos or a video of the accident scene, including any obviously impaired behavior by the drunk driver. Accident victims should photograph the damage to the vehicles and any visible injuries. They should also add the contact information of the drunk driver if it’s safe to do so.
Adding the names of eyewitnesses to the accident can be highly beneficial for a later compensation claim since witnesses may be able to confirm the injury victim’s description of the drunk driver’s erratic driving behavior leading up to the accident. Finally, those injured in a drunk driving accident should always go directly to a hospital and undergo a thorough medical evaluation.
Damages in drunk driving accidents are often sizable. Drunk drivers have slow reaction times that limit their ability to maneuver to avoid collisions. They may even lose consciousness behind the wheel, sometimes causing full-speed crashes. Because drunk driving accidents are often catastrophic, they result in significant consequences—or damages—to the victims. Common damages include:
In some cases, additional non-economic damages apply to some drunk driving accident victims like disfigurement, the loss of a limb, PTSD, or loss of enjoyment of life due to disability.
Compensation in drunk driving accident claims in Chicago typically comes from the driver’s auto insurance liability policy. If the driver doesn’t have insurance, other options for compensation could include the injury victim’s uninsured/underinsured motorist coverage on their insurance policy or a lawsuit against the drunk driver. Speak to a car accident attorney in Chicago to learn more.
Depending on the circumstances of the accident, a lawsuit against a bar that overserved a customer who went on to cause an accident can bring additional compensation. Under the Illinois Liquor Control Act—sometimes called the “Dram Shop Law,” a bar whose bartender knew they were overserving a customer or who served a customer under the age of 21 is liable for damages to victims of drunk driving accidents.
Navigating a compensation claim for damages after a drunk driving accident has significant distinctions from typical car accident claims. A Chicago personal injury attorney is ready to meet these unique standards and argue aggressively for your rights and best interests. Call or contact Smith LaCien car accident lawyers for a consultation on your case so we can get started.
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