A drunk driving accident can have devastating consequences. They frequently result in serious injuries, possibly even fatalities, and put a halt to your life as you know it. You didn’t cause the wreck by driving impaired, so you shouldn’t have to pay for the mistake. Fortunately, the law gives you multiple options if a drunk driver hits you.
Illinois upholds strict laws against drunk driving. For drivers under age 21, there is a ‘zero tolerance’ policy for driving under the influence of alcohol, and for adult drivers of legal drinking age, there is a mandated blood alcohol content (BAC) limit of .08. However, an adult driver with a BAC of less than .08 can still get arrested and charged with DUI when driving is erratic enough to suggest impairment.
The penalties for a DUI conviction can be harsh, especially if the driver causes an accident that results in bodily injury to others. The penalties for a conviction can include:
First Offense:
Second Offense:
Third Offense:
Vehicular homicide — or causing someone’s death while driving under the influence — can lead to a Class 2 felony conviction, punishable by a sentence of 3 to 14 years in prison per fatality caused, and a maximum possible fine of $25,000.
An aggravated DUI offense — or causing physical injury while driving under the influence — can also be charged as a Class 4 felony, eligible for a prison sentence of 1 to 12 years.
Being hit by a drunk driver can be overwhelming, but taking the right steps after the crash is crucial for your safety, health, and ability to recover compensation.
Report the accident and let the dispatcher know you suspect the other driver is intoxicated. Police will arrive at the scene, assess the situation, and may administer a field sobriety test or arrest the impaired driver. This police report will be vital evidence in your case.
Even if you feel “okay” at first, adrenaline can mask serious injuries. Go to the emergency room or see a doctor as soon as possible. Documented medical treatment connects your injuries to the accident and strengthens your claim.
Take photos of the vehicles, your injuries, and anything else relevant—like open containers in the other car or erratic behavior from the other driver. Get contact info for any witnesses and write down your own account while it’s fresh.
Insurance adjusters may call you quickly to get a statement or push a lowball offer. Politely decline to speak until you’ve consulted a lawyer. Saying the wrong thing could hurt your case.
An experienced Chicago personal injury attorney can help you take legal action, deal with insurance companies, and preserve your rights. The sooner you involve a lawyer, the better your chances of recovering maximum compensation.
Illinois is an at-fault state when it comes to car accidents. That means that the at-fault driver must compensate the victim for all damages. Drivers must have liability insurance to pay for accidents where they are at fault. However, some accident costs exceed the limit of those insurance policies.
Further, some insurance companies will refuse to pay when their insured was purposefully negligent by drunk driving. When that happens, you have a right to sue the drunk driver for your injuries. However, there is a time limit or statute of limitations for filing a drunk driving lawsuit.
In Illinois, all personal injury lawsuits like these must be filed within two years of the accident. If you don’t file by that date, you forfeit any right to compensation from the drunk driver.
Another option in a drunk driving case is to file a standard car accident insurance claim. You can file with your own insurance company and the insurance company of the at-fault driver.
While a drunk driver’s insurance company might deny your claim because the person willfully acted negligently, they may be forced to pay by a court if you include them in a lawsuit.
It’s best to work with an experienced lawyer who will help make a reasonable demand to the insurance company to recover the compensation you deserve. Your attorney will negotiate with the insurance company to reach a fair settlement.
The insurer should act in good faith, but if the insurance company refuses to make a decent offer, you still have the option to file a lawsuit.
If the officer who responds to your accident scene finds that the other driver was drunk, they will probably arrest them. The at-fault driver will have to go to court and address these criminal charges.
If they plead guilty or are found guilty of a DUI, it will help your case. Drunk driving violates the law, which means the at-fault driver was not doing their due diligence while driving. Their actions were negligent. This will support your case in court. A judge or jury is more likely to find the at-fault driver liable for your damages if they are convicted of a DUI.
Keep in mind that a conviction makes your case stronger, but it’s not a requirement. You should not wait until a DUI case is resolved to pursue compensation. Early intervention and effective representation can demonstrate that the impaired driver caused your injuries, even without a formal DUI conviction.
If you were involved in a crash with a drunk driver in Chicago, you shouldn’t shoulder the burden of your losses. Our car accident attorneys serve clients throughout the Chicago area, including Aurora, Elgin, Hinsdale, Joliet, Naperville, and Waukegan. Staver Accident Injury Lawyers, P.C., knows how to get the most compensation for you during this time of need.
Call 312-236-2900 or use our contact form to reach out for a free consultation.
When you’re fighting for maximum compensation, we know what it takes to get it.
