Who Can Be Held Responsible for DUI Car Accident Injuries in Illinois?

 Posted on July 03, 2019 in Personal Injury

Drunk driving is illegal in all 50 states. In Illinois, a driver’s blood alcohol concentration (BAC) cannot exceed 0.08 percent. According to estimates from the National Highway Traffic Safety Administration (NHTSA), 47 percent of Illinois motor vehicle fatalities involve alcohol. Due to the risks that come with drunk driving, people who commit the offense of driving while under the influence (DUI) may face criminal penalties, and they may be held responsible for injuries caused to other drivers, passengers, or pedestrians. In some situations, other parties may also be liable for injuries in drunk driving accidents.

Dangers of Drinking and Driving

Everyone has heard that drinking and driving is a dangerous combination; however, many people would not be able to give accurate information on how alcohol consumption can affect driving abilities. Response time and coordination are both affected as alcohol is added into the mix. A driver's reaction time becomes slower, making it difficult to engage the brakes quickly to avoid hitting another vehicle or pedestrian. With a lack of coordination, drivers can put everyone at risk. A motorist needs sharp motor skills, such as eye, hand, and foot coordination to properly react to unexpected instances. Excessive drinking can greatly impair an individual's vision. Whether the road ahead is slightly blurry or appears to be spinning, a person cannot adequately drive without clear vision. 

Who Is at Fault for a Drunk Driving Accident?

A drunk driver is typically at fault for all accidents involving driving under the influence. Driving while intoxicated is a form of negligence, and a negligent driver may be found liable for injuries or damages caused by a car accident. This means he or she will be obligated to pay for expenses such as the costs of medical treatment and damage to other vehicles.

In some cases, the bar or restaurant that served alcohol to the driver may be partially at fault for the accident. This is a result of the Illinois Dram Shop Act. If a plaintiff can prove that a bar or restaurant overserved a customer to the point of intoxication, the establishment may share some of the blame.

For minors who caused an accident while driving under the influence, the source of the alcohol may be held responsible. It is against the law for parents or legal guardians to supply alcohol or allow minors to drink on their private property. If death or personal injury is caused by a minor driver who consumed alcohol, the adult who supplied the drinks may face criminal penalties, and they may also be required to pay compensation to the victims.

Contact an Arlington Heights Drunk Driver Liability Attorney

If you have been injured in a car accident involving a driver who was under the influence of alcohol, having an experienced attorney on your side is crucial. In some cases, insurance companies or carriers may try to place some of the blame on the injured party, or they may dispute the severity of your injuries to avoid paying the full amount of medical bills. At Newland & Newland, LLP, we fight for those who have been victims of a drunk driver’s negligence. If you have been injured in a DUI accident, contact our Cook County personal injury lawyers at 847-797-8000 for a free phone consultation.

Sources:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/150.00.pdf

http://www.idot.illinois.gov/transportation-system/safety/roadway/drive-sober/resources

https://www.businessinsider.com/drinks-before-driving-if-bac-is-05-2013-5

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html