Chicago Drunk Driving Accident Attorney

Driving is a dangerous activity, but what can make it extremely hazardous is operating a vehicle while inebriated. Driving under the influence (DUI) is still a huge problem in the United States. According to the National Highway Traffic Safety Administration (NHTSA), in 2015, more than 35,000 people died in drunk driving crashes while another 290,000 were injured. Drunk driving accidents are entirely preventable, which is part of what makes them so frustrating and heartbreaking. The Illinois Department of Transportation estimates that 3 out of every 10 Americans will be involved in an alcohol-related crash at some point in their lives.

If you or a loved one were injured by a drunk or drugged driver, don’t hesitate to call our skilled Chicago DUI accident attorneys. The financial and emotional cost of car accidents is staggering, especially if the collision was caused by a negligent and inebriated driver.

Contact our top Chicago DUI accident attorneys today at (312) 487-2513 for a free consultation.

Establishing Fault in Chicago DUI Collisions

The state of Illinois has a legal limit for blood alcohol content (BAC) of 0.08%. If a driver has a higher BAC at the time he or she caused the accident, the driver can be charged with a crime. Likewise, the BAC over the legal limit is considered evidence he or she was negligent by default and can be held responsible for injuries and damages resulting from the crash.

However, if the driver has a lower BAC than the legal limit, he or she can still be impaired. You and your attorney would have to present evidence of impairment in addition to the BAC results showing the driver was still negligent by driving.

Illinois Dram Shop Law and DUI Accident Claims

If the drunk driver has insurance, you would make a claim against his or her policy. Because the driver was inebriated, he or she is going to bear most, or all, of the liability for causing injuries and property damage.

In some cases, however, a driver may not have enough insurance to cover the cost of your medical bills and lost wages. Those with multiple DUIs on their arrest record may not even have a valid driver’s license. If this is the case, Illinois allows people injured by intoxicated drivers to make claims against the licensed establishment that sold alcohol to the inebriated driver.

Part of the Liquor Control Act, also known as the Dram Shop Act, makes allowances in these situations. However, this statute sets a cap on the amount of money you can recover. The limit varies from year to year and is linked to the consumer price index to help adjust for inflation.