Being hit by a drunk driver can be a life-altering experience, but understanding your legal options in Illinois can help you protect your rights and seek justice. Here’s what you need to know:
Immediate Steps After the Accident
- Ensure safety and call 911 to report the accident and request medical assistance.
- Gather information from the driver, witnesses, and take photos of the scene.
- Seek medical attention, even if injuries aren’t immediately apparent.
- Avoid confrontation with the drunk driver.
Legal Options for Victims
Criminal Charges
The state will likely file criminal charges against the drunk driver. In Illinois, DUI is taken seriously, with penalties including fines, license suspension, and potential imprisonment.
Civil Lawsuit
You can file a personal injury lawsuit to seek compensation for damages. Illinois has a two-year statute of limitations for filing such claims.
Dram Shop Liability
Under Illinois’ Dram Shop Act, you may hold establishments that served alcohol to the driver liable if they over-served a visibly intoxicated person or served alcohol to minors.
Types of Compensation
Victims of drunk driving accidents may be entitled to:
- Medical expenses (current and future)
- Lost wages
- Pain and suffering
- Property damage
- Punitive damages in some cases
Navigating the Legal Process
- Consult an experienced personal injury attorney specializing in drunk driving cases.
- Gather evidence, including police reports, medical records, and witness statements.
- File your claim within the statute of limitations.
- Be prepared for negotiations or a potential trial.
Illinois DUI Laws
Understanding Illinois DUI laws can help your case:
- The legal BAC limit is 0.08% for drivers 21 and over, 0.04% for commercial drivers, and zero tolerance for drivers under 21.
- Even first-time offenders face significant penalties, including fines up to $2,500 and license suspension.
Recent Legal Developments
As of January 1, 2016, a new law gives some repeat DUI offenders a chance to obtain a restricted license after meeting specific requirements and proving sobriety. While this may not directly impact your case, it’s part of the evolving landscape of Illinois DUI laws.
Being hit by a drunk driver is a serious matter, but you have legal options to pursue justice and compensation. By taking immediate action, understanding your rights, and working with an experienced attorney, you can protect your interests and work towards recovery. Remember, time is of the essence in these cases, so don’t delay in seeking legal counsel and taking steps to protect your rights.
SOURCES:-
[1] https://palatinelaw.com/criminal-defense-law/drunk-driving/
[2] https://www.hoeyfarina.com/articles/hit-by-a-drunk-driver-in-illinois-what-you-need-to-know/
[3] https://www.chicagocriminallawyer.pro/blog/an-overview-of-illinois-dui-laws/
[4] https://www.noll-law.com/blog/legal-options-after-being-hit-by-drunk-driver-in-illinois/
[5] https://www.alanjoneslaw.com/articles/new-illinois-law-gives-drunk-drivers-another-chance/
