From wearing a seatbelt and silencing your phone to checking the condition of your tires and brakes, you can do everything possible to stay safe on the road. Unfortunately, even with all of these precautions, a drunk driver could still collide with you and cause serious harm. Despite efforts to improve road safety in Illinois, drunk driving accidents continue to pose a significant danger.
If you or a loved one has been hit by a drunk driver, you have the right to demand compensation. To ensure you get the money you deserve, you need a drunk driving accident lawyer at The Collins Law Firm to help you build the strongest case possible.
Illinois has strict laws when it comes to drunk driving. Knowing these rules can help you prove negligence in your claim.
A common term for drunk driving is "DUI" — driving under the influence. If someone’s judgment is impaired due to alcohol or any intoxicating substance, they can face DUI charges.
DUIs most often involve alcohol. The legal blood-alcohol concentration limit for most drivers is 0.08%, which allows an officer to make an arrest.
However, even if someone’s BAC is lower than 0.08%, they can still be liable for drunk driving if alcohol impaired their ability to drive safely. This is especially true if they have other substances in their system or a health condition that intensifies alcohol’s effects.
If a drunk driver causes an accident, you should do all you can to protect your claim. You might feel shaken up after the incident, but staying calm and acting carefully can keep you from jeopardizing your potential settlement.
Our team can guide you through the necessary steps to protect your claim. For example, you need to let your insurance company know about the accident, but you should be careful about what you say. Even an innocent statement can make it seem like you’re at fault.
Importantly, don’t get confrontational with the other driver or the police. You don’t want to escalate any tensions. If the drunk driver or their passengers become belligerent, don’t insist on getting contact information right then or discussing the matter further.
In all discussions at the scene or afterward, avoid talking about the details of the case. Don’t share photos or statements on social media. Keep your case private until you know what’s legally in your best interests.
Illinois is an at-fault state, meaning the negligent driver must compensate you for your damages after an accident. The drunk driver should have liability insurance, but this coverage can be as low as $25,000 for bodily injury and $20,000 for property damage. If your damages exceed the driver’s insurance limits, you can sue that driver for the remaining amount.
However, some insurers deny claims involving DUIs due to the driver’s willful negligence. Fighting for justice in these cases requires additional effort, which is why our firm takes extra care in handling them.
Even if you were partially at fault, you can still sue. As long as you are less than 50% responsible for the crash, you may be able to recover damages. However, your award or settlement will be reduced by your percentage of liability.
Compensatory damages cover both economic and noneconomic losses. Economic losses include financial expenses or lost income (past, present and future) that result from your accident. Noneconomic losses refer to the mental or emotional trauma you experience because of the accident.
Drunk driving accidents are also one of the few types of cases that are more likely to qualify for punitive damages. These damages aren’t meant to compensate you for losses. However, they do punish the drunk driver and serve as a warning to others.
While you may want to give your all to fight your claim on your own, your health and circumstances might make it difficult, especially if you have serious injuries. That’s where our team at The Collins Law Firm can step in.
We know Illinois car accident law and can pursue all available avenues for compensation. We take the burden of filing paperwork, investigating evidence, communicating with insurers and negotiating a fair settlement off of your shoulders so you can take care of yourself and those close to you.
If necessary, we’ll take the case to trial and manage the strict rules of the judicial system for you. We care about you getting justice, and we’re here to provide the representation you deserve.
We can answer many of your questions about drunk driving accidents during a free consultation, but here are answers to some frequently asked questions.
Yes, you may be able to sue a bar or restaurant that served someone who was visibly intoxicated. These are known as dram shop laws. In fact, even if the establishment didn’t realize the person was drunk or driving, it could still be held liable.
You don’t have to wait for a criminal court to convict the driver before pursuing your claim. Even if the driver does not face DUI charges, you can still file a civil suit.
A conviction could serve as useful evidence for your civil case, but it’s not necessary. Be cautious of quick settlement offers, as they may be lower than what you could receive once you’ve fully established your case.
Any substance that impairs a driver can lead to a DUI conviction and support your claims of negligence. These include cannabis, prescription drugs and other controlled substances.
Illinois sets limits for prescription cannabis use for drivers. Someone with more than 5 nanograms per milliliter of blood or 10 nanograms per milliliter of other bodily fluids is over the limit.
In Illinois, you have two years to file an accident claim for drunk driving or any motor vehicle accident. Filing after that makes it nearly impossible to recover compensation. Since cases can take months to prepare, act quickly to protect your rights.
Drunk drivers cause unnecessary harm and misery to innocent victims. If you or a loved one have been affected by a drunk driving accident, contact our lawyers at The Collins Law Firm to get a free consultation and take the first step toward justice today.
Photo by Aedrian Salazar on Unsplash
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