Frequently Asked Questions About Drunk Driving Accident Claims

 Posted on March 31, 2020 in Drunk Driving Accidents

Driving under the influence of alcohol is against the law in all 50 U.S. states, but, unfortunately, many people choose to drive while intoxicated anyway. Sadly, nearly 30 people die every day in the U.S. in alcohol-related traffic accidents and many more are seriously injured. If you have been injured or you have lost a loved one in a drunk driving accident, an experienced personal injury attorney can help you explore your options for compensation.  

When is an Intoxicated Driver At-Fault for an Accident?

The majority of personal injury claims involve a party who was negligent or reckless in some way. It is typically up to the claimant and his or her attorney to prove that the responsible party’s negligence caused the claimant’s damages. However, in most drunk driving accidents, the intoxicated driver faces criminal DUI charges and could be presumed to have been negligent. If the person who hit you was arrested, charged with, and convicted of DUI, the presumption is created that the driver was acting negligently. You will only need to prove that he or she violated a public safety statute that is intended to protect you and that this violation caused your injuries. It is important to note that a successful personal injury claim is still possible even if the driver was not formally charged with driving under the influence.

What Types of Damages Can I Collect?

The term “damages” is used to describe the compensation awarded to injured people and their families in a personal injury case. If you were seriously hurt in a drunk driving accident, you may be entitled to compensation for your emergency room/hospital bills, ongoing and future medical treatment, lost income, reduced employability, pain and suffering, and more. If you have lost a loved one in a car accident caused by an intoxicated driver, you may be able to receive compensation for your loved one’s medical expenses, funeral and burial costs, pain and suffering, as well as compensation for your own losses.

Can I Sue Even if I Was Partially Responsible for the Accident?

Car accident liability is rarely black and white, and many accidents involve more than one at-fault driver. However, you should know that just because you were partially at fault does not mean that you cannot bring a successful personal injury lawsuit. According to Illinois law regarding contributory negligence, a person can still be awarded partial compensation for a personal injury even if he or she somehow contributed to the injury. As long as the claimant is less than 51 percent responsible for the accident, he or she may still be eligible for compensation.

Contact a Lake County Car Accident Lawyer

If you or a loved one have been hurt in an accident caused by a drunk driver, contact Salvi & Maher, L.L.C. to learn about your legal options. Schedule a free, confidential consultation with a knowledgeable Waukegan personal injury attorney from our firm by calling us at 847-662-3303 today.

Sources:

https://www.nhtsa.gov/risky-driving/drunk-driving

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/11.00.pdf