You probably already know that drunk drivers can be held liable for the harm they cause after an accident. Pursuing compensation from the drunk driver’s insurance company or the drunk driver personally is always an option after a DUI crash. However, you may have another option. Illinois has what are called “dram shop laws.” “Dram shop” is an outdated term for any establishment that serves alcohol on the premises, like bars and clubs. Under dram shop laws, you may be able to pursue compensation from the establishment that served the drunk driver who hit you. These laws are on the books both to hold drinking establishments responsible for overserving people who then go on to injure others due to their intoxication, and also to provide the victims of drunk drivers with an additional source of potential compensation. An attorney can help you understand how dram shop laws may impact your case.
What do Illinois’ Dram Shop Laws Say?
Generally, dram shops laws state that if an establishment serves alcohol to an individual who then goes on to hurt others due to his intoxication, the establishment can be held liable. To recover compensation from a drinking establishment, you will need to prove a few things. First, you must be able to show that the establishment sold or served alcohol to the drunk driver. This can be established by witness testimony, or by proof of a transaction.
Showing that the alcohol the defendant was served caused him to become intoxicated can be a little trickier. The bar may try to argue that the defendant kept drinking after he left, or did not drink enough there to become intoxicated. Witness testimony may play a major role.
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