Making a Drunk Driver in Illinois Pay for Your Injuries

 Posted on August 10, 2022 in Drunk Driving Accidents

There is a very good reason that drunk driving is against the law - it is incredibly dangerous for everyone on or near the road. Drunk drivers can be incredibly erratic in their behaviors and movements. They may swerve across multiple lanes wildly, drive the wrong way down a one-way city street, or blow through a red light. It is no surprise that accidents caused by unpredictable intoxicated drivers can be very bad indeed. Sober drivers may not even be able to see a drunk driver hurtling toward them until it is far too late to get out of the way. If you have been hit by a drunk driver, you will likely be able to recover compensation either through insurance or from the driver themself. An attorney can help you fight for the highest possible settlement.

What Are Negligence Per Se Laws and How Do They Affect Drunk Driving Crash Claims?

Negligence per se laws are a sort of legal shortcut to prove that the person who caused your injuries was negligent. In most cases, you have to prove that the other driver was behaving carelessly when they caused your accident. One way to do this is through negligence per se.

If you can show that the driver who hurt you was breaking a law that was in place to keep the public safe and caused exactly the type of harm that the law was meant to protect the public from, negligence is established automatically. In a drunk driving case, the driver was breaking laws against drunk driving. This law is in place to keep people safe by preventing drunk drivers from crashing into people and hurting them. Because the defendant drove drunk and crashed into you, causing injuries, your lawyer can show that they were negligent per se.

It helps if the drunk driver got arrested and charged with DUI, but this is not strictly necessary. The standard of proof is lower in civil court than it is in criminal court, so even if they could not be convicted, a civil court might still be convinced that the defendant drove drunk.

Identifying All Responsible Parties

Generally, there are two to four parties who could potentially be on the hook. First, the drunk driver may be personally liable for any harm that they caused. Assuming they have insurance, their insurance company is also liable.

If the drunk driver was under the age of 21, an adult who provided them with alcohol or allowed them to drink could be held responsible under social host liability laws. If the drunk driver was an adult and was served alcohol in a bar or other drinking establishment, it is possible that the venue is liable under dram shop laws.

You may have multiple options on how to go about getting compensated.

Ask a Lake County DUI Crash Lawyer

Salvi & Maher, LLP is skilled at recovering compensation for those who have been injured by a drunk driver. Our experienced Waukegan DUI crash attorneys will work to identify any potentially liable parties so that you can receive the most possible compensation. Call 847-662-3303 for a free consultation.

Source:

https://www.law.cornell.edu/wex/negligence_per_se