Drunk driving is a serious problem in Illinois, and Will County is not immune. Each year, thousands of people are injured across the state in drunk driving accidents. These victims suffer serious bodily injuries, mental distress, and financial loss. Helpfully, the state allows anyone hit by a drunk driver to seek financial compensation by filing an injury claim with an insurer or by filing a personal injury lawsuit. Call Michael J. Lichner to learn more about the legal steps involved. Our Joliet car accident lawyer can dive deeper into how to handle a claim.
What to Do at The Scene of the Accident
Any injured victim needs evidence if they hope to receive compensation. Of course, many victims are in severe pain after being injured by a drunk driver. You might be unable to move or even talk, and many motorists are unconscious after a high-speed collision.
If you can, we recommend the following:
- Report the accident to the police. An officer should visit the scene and demand a breath test from the other driver. We can request the toxicology results and use them to show intoxication.
- Photograph the vehicles involved. These pictures can help show how the accident happened. Use your phone, provided it wasn’t damaged in the crash.
- Write down your impressions of the driver. Is their speech slurred? Are they stumbling around? Note any relevant details about their behavior.
- Talk with witnesses. Eyewitnesses can also offer their perspective on how the accident happened and the driver’s behavior. If possible, get each witness’s name and a method of contacting them, such as a phone number.
- Leave the scene and head to the hospital. A doctor can diagnose injuries and offer tips for recovery. Go as soon as you finish at the accident scene.
The Next Few Days
After an accident, many people are in considerable pain. But you should remember the following to strengthen your legal claim against a drunk driver in Illinois.
- Call your insurance company. Tell them about the accident, including where and when it happened. Share the name of the drunk driver and their insurance carrier. Your insurance company can open a claim.
- Avoid giving a recorded statement. Although you should call your insurer to report the crash, do not give any lengthy statement or answer questions. Especially avoid talking to the drunk driver’s insurer.
- Continue with medical treatment. If you were hurt by a drunk driver, Illinois law requires that you do everything reasonable to get better. That means taking medication, resting if required, and attending physical therapy to improve your condition.
- Avoid posting about the accident on social media. Avoid Facebook or Instagram posts. You shouldn’t post anything until your case is completed, not even pictures of yourself. You never know what information could be used as evidence in your case.
- Do not admit fault or take any responsibility for the collision. Illinois is a comparative fault state. If you were partially to blame for an accident, then you might receive less compensation.
These steps can improve your ability to receive a fair settlement for the accident. Call us to learn more about what to do in the days after the collision.
Over the Coming Weeks and Months
Once your condition stabilizes, you can begin to consider filing a legal compensation claim. Meet with an experienced car accident lawyer in Will County to review all options.
For example, we might sue the drunk driver for your damages, which may include the following:
- Car repairs
- Rental car expenses while your car is fixed
- Medical bills to treat injuries
- Rehabilitation expenses
- Lost income or wages
- Lost benefits
- Pain and suffering
We might also seek punitive damages, which are designed to punish the defendant for reprehensible conduct above and beyond mere negligence. The Illinois Supreme Court requires that a victim show with clear and convincing evidence that the defendant acted with actual malice, gross negligence, or in a willful and wanton manner.
Drunk driving is an example of wanton behavior, so we might request punitive damages as part of your claim.
Liability of Bars, Taverns, and Other Establishments
The driver who struck you might be uninsured, or they could have insufficient insurance. Helpfully, Illinois gives accident victims options after being hit by a drunk driver. The state’s “dram shop” law often comes into play. (235 ILCS 5/6-21.)
The term “dram shop” refers to businesses that serve alcohol by the dram, which is a unit of measure. The Illinois law is broad. It empowers people injured by drunk drivers to sue anyone licensed under the state who served the defendant to the point of intoxication. That defendant could be a bar, tavern, or someone else, so long as they have a liquor license.
The state has established damage caps for dram shop actions, which are adjusted each year.
Find the Right Lawyer for Your Needs
There are thousands of lawyers in and around Will County. How do you know which lawyer is best for your drunk driving accident?
We recommend looking at each lawyer’s website to see if they practice personal injury law. Also, see if they have helped people specifically injured by a drunk driver. A lawyer who has tackled this type of claim before will be able to efficiently manage your case.
You can schedule a free consultation with a lawyer to ask questions and learn more about the legal process. Your lawyer can also provide useful tips for how to document your financial losses, as well as your pain and suffering.
Get started today. It’s never too soon to call a law firm to learn more about your legal rights.
Contact Michael J. Lichner
There is no excuse for drunk driving. Michael J. Lichner is committed to helping accident victims seek financial compensation and accountability. We can negotiate a settlement or, where necessary, take your case to court and fight on your behalf. Contact us today to begin your case.