Pursuing Compensation for a Holiday Drunk Driving Car Accident

 Posted on November 24, 2020 in Car Accident

The holiday season is a dangerous time on our nation’s roads due to increased amounts of drunk driving. This period typically starts with “Blackout Wednesday,” when many people drink large amounts of alcohol on the day before Thanksgiving. The rest of Thanksgiving weekend usually sees hundreds of fatalities in drunk driving accidents, and this trend generally continues in the weeks leading up to Christmas as people enjoy drinking with friends and family during holiday parties. Alcohol consumption is also prevalent on New Year’s Eve and New Year’s Day, and this often leads to another spike in traffic accidents and deaths. 

While this year’s holiday celebrations are likely to be smaller and more subdued than in years past for most families, there will still be too many people drinking and driving. Those who have been injured in accidents involving drunk drivers will want to understand their options for pursuing financial compensation.

Liability for Holiday Drunk Driving Accidents

In most car accident cases, victims will need to demonstrate that a driver acted negligently in order to collect compensation for their injuries and damages. In accidents involving a drunk driver, proving negligence is not difficult, since violating the law and driving while intoxicated is an act of negligence that puts others’ safety at risk. Victims may be covered by a drunk driver’s insurance policy, or they may pursue a personal injury lawsuit against the driver and seek to recover compensation for their damages, including medical bills, loss of income, and pain and suffering.

In some cases, victims may also be able to pursue compensation from a bar, restaurant, liquor store, or other party that provided alcohol to a drunk driver. Under Illinois’ “dram shop” laws, an establishment may be held liable for injuries if it did not take steps to make sure a patron was acting safely, including preventing them from driving while intoxicated. In these cases, a victim will need to show that the establishment provided alcohol to a person, that this alcohol caused the person to become intoxicated, and the intoxication was the reason for the victim’s injuries.

Family members of a person killed in a drunk driving accident can pursue compensation through a wrongful death lawsuit. The damages that can be recovered through a wrongful death claim may include the costs of the victim’s medical treatment, their pain and suffering, the loss of the income they would have provided to their family, loss of companionship, funeral and burial expenses, and the grief, sorrow, and mental anguish experienced by the surviving family members.

Contact Our Schaumburg Drunk Driving Accident Lawyers

If you or a member of your family have been injured by a drunk driver during the holiday season, or at any other time of the year, the attorneys of Newland & Newland, LLP can help you take steps to recover financial compensation for your injuries and damages. Contact our Rolling Meadows personal injury attorneys at 847-797-8000 to set up a free consultation today.

Sources:

https://www.transportation.gov/connections/no-matter-how-you-get-there-travel-safely-thanksgiving

https://injuryfacts.nsc.org/motor-vehicle/holidays/thanksgiving-day/