Drunk driving is one of the leading causes of accidents in the United States. If you were in an accident involving a drunk driver that resulted in injuries or the death of a loved one, you should contact a Kane County car accident lawyer. A skilled injury attorney can help you recover the damages you are due.
Illinois is an at-fault state, meaning if another driver’s actions caused your car accident and are proven negligent, they must compensate you for your damages. It is the law that all drivers in the state have liability insurance to pay for these damages if they were to happen.
The Liquor Control Act, more commonly called the Dram Shop Law, holds establishments that serve alcohol liable for damages or injuries caused by intoxicated patrons. A person who a drunk driver has hurt may make a claim against the bar, restaurant, or other alcohol-serving vendor for damages if they continued to serve a person who was already intoxicated.
Drunk driving accidents can result in either minor or severe injuries, including:
Depending on the extent of your injuries that result from the accident, there are a few different types of compensation you may be eligible for:
This form of damages is the quantifiable losses you have experienced, such as medical expenses like emergency care, rehabilitation, and surgeries, lost wages, and property damage. In a wrongful death claim, the surviving family members will receive compensation for medical expenses, funeral and burial expenses, loss of financial support, and loss of services, meaning the value of household services the decedent would have provided, like healthcare benefits.
This category of damages is non-quantifiable losses and includes compensation for the pain and suffering you have endured. In a wrongful death claim, compensation would include loss of companionship and pain and suffering of the surviving family members.
In some cases that involve negligence or willful misconduct, like drunk driving, the court may award you punitive damages to punish the at-fault driver to hopefully deter similar behavior in the future.
Along with civil lawsuits, the drunk driver can face serious criminal penalties, especially if the accident causes injury or death. DUI resulting in an accident or injury, serious bodily harm, or death will most likely come with aggravated felony charges. These will range in penalties from license revocation to permanent loss of a license, community service, large fines, and a lengthy period in prison.
When pursuing a claim against a drunk driver following an accident, you have to be aware of the statute of limitations. This is the limited time frame that you have to file the claim.
If you are filing a personal injury or wrongful death claim, you have two years from the date of the accident. If you file a property damage claim, hoping to receive compensation for a damaged vehicle or other items, you have five years from the date of the accident.
There are a few exceptions, including:
The actions you take after the accident will have a huge impact on the likelihood of receiving the compensation you deserve for your injuries.
After moving your vehicle or yourself to a safer location, check your passengers and your own body for injuries. If you are able, call 911. If there are severe injuries, wait for emergency medical personnel to arrive.
Be sure to provide a detailed account of the accident to the responding police officers and medical personnel. Include any information you can recall. Your statement will be submitted as an official police report. Do not admit fault, make assumptions, or make any statements to another driver’s insurance. If it is safe to do so, take photos and videos of the scene and get contact information from other drivers involved or witnesses.
Even if you do not feel like you are severely injured, visit urgent care or your primary doctor. Many injuries are not immediately apparent, such as a TBI, and you may need a doctor to evaluate you for any unseen injuries. A medical report will help establish a clear link between the injuries you sustained and the accident.
You should seek advice from a knowledgeable drunk driving accident attorney. A lawyer will help you determine if you have a valid claim.
After a drunk driving accident, you need a skilled Kane County drunk driving car accident lawyer to advocate for your physical, mental, and financial recovery. Contact us today to learn how Franks Gerkin Ponitz & Greeley can help you.