Don’t Let a Drunk Driver Ruin Your Life: Know Your Legal Options in Illinois Being hit by a drunk driver can have devastating consequences, but Illinois law provides several avenues for victims to seek justice and compensation. Here’s what you need to know about your legal options:
Filing a Personal Injury Lawsuit
As the victim of a drunk driving accident, you have the right to file a personal injury lawsuit against the intoxicated driver. In Illinois, you generally have two years from the date of the accident to file your claim. When pursuing a lawsuit, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages
- Pain and suffering
- Property damage
Dram Shop Liability
Illinois’ Dram Shop Act allows victims to hold establishments accountable if they over-served the drunk driver. You may have a case against bars, restaurants, or liquor stores that knowingly served alcohol to an already intoxicated person who then caused your accident.
Criminal Charges and Civil Claims
While the state may pursue criminal charges against the drunk driver, this doesn’t preclude you from filing a civil claim. In fact, a criminal conviction can strengthen your civil case by establishing the driver’s negligence.
Comparative Negligence Considerations
Illinois follows a modified comparative negligence system. You can still recover damages even if you were partially at fault, as long as you’re less than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
Uninsured/Underinsured Motorist Coverage
If the drunk driver is uninsured or underinsured, you may be able to claim compensation through your own insurance policy’s uninsured/underinsured motorist coverage.
Seeking Legal Assistance
Navigating the complexities of drunk driving accident claims can be challenging. An experienced Illinois drunk driving accident lawyer can help you:
- Gather and preserve evidence
- Negotiate with insurance companies
- Identify all potential sources of compensation
- Ensure you meet all legal deadlines
Remember, time is of the essence in these cases. By acting quickly and understanding your legal options, you can protect your rights and work towards obtaining the compensation you deserve after a drunk driving accident in Illinois.
Sources
- https://www.hoeyfarina.com/articles/hit-by-a-drunk-driver-in-illinois-what-you-need-to-know/
- https://www.coplancrane.com/posts/drunk-driving-accident-lawyer-maximize-compensation/
- https://www.chicagolawyer.com/blog/legal-options-if-a-drunk-driver-hits-you/
- https://www.collinslaw.com/illinois-car-accident-lawyer/drunk-driving/
- https://www.getthecannon.com/personal-injury/car-accidents/drunk-driver-liability-dui-crash
