Dram Shop Claims After a DUI Crash in Illinois allow victims to hold establishments that served the alcohol accountable for the injuries and damages caused by an intoxicated customer. If a patron causes harm to another person after consuming alcohol at a bar or restaurant, both the intoxicated person and the establishment can be held legally liable.
To seek compensation for your damages following a DUI accident, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Understanding Dram Shop Laws and Liability in Naperville DUI Crashes
In Illinois, dram shop laws hold bars and restaurants liable for damages caused by intoxicated patrons they served. Driving under the influence is one of the leading causes of unsafe driving, particularly among young and inexperienced drivers. In Illinois in 2023, alcohol-related crashes caused 294 deaths, making up 23% of total fatalities. The average BAC for DUI arrests was .17, twice the legal limit.
Under the Dram Shop Act, anyone injured by a drunk driver can file a claim against both the driver and the establishment that served them alcohol. Victims can seek compensation for medical expenses, lost wages, property damage, and other related costs.
Vendors do not need to have been aware of the intoxication to be held responsible. Merely serving alcohol to someone who drives while drunk is sufficient to establish bar liability for a DUI accident. This makes it easier for plaintiffs to pursue personal injury lawsuits against drunk drivers in Illinois.
Elements of a Dram Shop Case
To file a personal injury case with a Naperville dram shop lawyer, you must demonstrate four key elements:
- Patron and Vendor Relationship: A connection must be shown between the patron and the vendor, proving that the vendor served alcohol to the defendant. This proof can include bar tabs, restaurant receipts, credit card records, witness accounts, or video footage.
- Causation: The court needs evidence that the defendant caused the accident and injuries, establishing them as the at-fault party. This can be demonstrated through police reports, accident scene surveillance, collected information, and witness statements. An arrest for drunk driving simplifies the case.
- Proximate Cause: The plaintiff must show that the establishment or vendor directly led to the defendant’s intoxication, confirming that the defendant was over the 0.08% blood alcohol content threshold at the time of the accident.
- Intoxication’s Role in Injuries: In Illinois dram shop cases, proving that intoxication caused at least one-third of your injuries is challenging. While state laws permit lawsuits against both drunk drivers and the establishments that served them alcohol, the court necessitates proof that the intoxication caused the injuries.
How to Prove a Bar or Restaurant Overserved a Drunk Driver
To establish that a bar or restaurant oversold alcohol to a drunk driver under Illinois’ dram shop laws, you must demonstrate that the establishment served alcohol to a visibly intoxicated individual, and this was a direct cause of the accident. Evidence supporting this includes witness accounts, surveillance footage, breathalyzer or blood test results, and transaction records such as receipts indicating alcohol consumption.
Evidence Proving Overservice
Evidence to prove overservice includes witness testimonies from patrons or staff observing signs of intoxication, like slurred speech or unsteadiness. Surveillance or video footage may also capture the driver’s behavior in the establishment. Transaction records detailing the quantity and timing of alcohol purchases can further support the argument for overservice.
Evidence Establishing Driver Intoxication
To demonstrate the driver was intoxicated at the time of the crash, police reports can provide key details on the driver’s condition and sobriety test results. Chemical test results from breathalyzers or blood tests can confirm the blood alcohol concentration at the time of the incident. Expert witnesses such as toxicologists can clarify the implications of the BAC levels in relation to the crash.
Establishing the Link Between Intoxication and the Accident
Linking the overservice to the accident may involve accident analysis by reconstruction experts, showing that the crash would not have occurred if the driver had been sober. Demonstrating proximity and timing, that the accident happened soon after leaving the bar, reinforces the connection between overservice and the subsequent crash.
Why You Need a Naperville DUI Accident Lawyer for a Dram Shop Claim
It’s advisable to hire a lawyer for a Dram Shop claim. Illinois’s one-year statute of limitations makes taking prompt action essential. An attorney can help establish that the bar or tavern over-served the driver and that this led to the accident. They will handle evidence gathering, insurance negotiations, and litigation to maximize your compensation for medical expenses, lost wages, and other damages. Given the intricacies of these cases, including managing multiple parties like the intoxicated driver and the establishment, car accident lawyers are crucial. They can also conduct thorough investigations and consult independent witnesses to support your case. They may answer the question: Can you sue a trucking company after an accident?
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance with collecting evidence and navigating the legal process to secure fair compensation.
Frequently Asked Questions
What is the deadline for filing a dram shop claim in Illinois?
In Illinois, you have one year from the date of the injury to file a dram shop claim. This is a shorter period compared to many other personal injury cases, so it’s important to move quickly.
Does the vendor need to know if the person was intoxicated?
Under the Illinois dram shop law, there is strict liability. Therefore, you don’t have to establish that the vendor was aware that the person was intoxicated at the time of the sale.
Is it possible for more than one establishment to be held responsible?
If several businesses provided alcohol to the person who was already intoxicated, you can seek compensation from all of them, which enhances your chances of receiving full damages.
