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Lake County personal injury attorneysThe vast majority of personal injury cases revolve around the concept of negligence. The term "negligence" refers to a party’s failure to act with an appropriate level of care. Anyone driving on public roads has a duty to drive responsibility and avoid injuring other drivers or pedestrians. An individual who drives with a blood alcohol content of 0.08 percent or more is breaking the law by driving under the influence (DUI). If a drunk driver causes an accident in which someone was injured or killed, the driver can be considered “negligent per se” and held legally responsible for the damages caused by the accident.

Understanding Negligence Per Se

In a typical personal injury claim, the injured individual and his or her legal counsel have the burden of proving how the defendant’s actions or inactions caused the injury. Generally, to win a personal injury case, the plaintiff must show:

  • The defendant had a “duty of care” to the injured person.
  • The defendant failed to uphold the duty of care.
  • The plaintiff was injured.
  • The plaintiff’s injury was caused by the defendant’s failure to uphold his or her duty.

Personal injury claims involving illegal actions like driving under the influence of alcohol are slightly different. “Negligence per se” refers to actions which are negligent because they break the law. If you bring a personal injury claim under the umbrella of negligence per se, you must only prove that that defendant broke the law and that the violation of the law caused your injury. Under the doctrine of negligence per se, a defendant is considered negligent if the following elements are present:

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Posted on in Drunk Driving Accidents

Lake County drunk driving accident lawyer

Here in the state of Illinois, every year, thousands of drivers make the reckless and dangerous decision to drive while under the influence of drugs or alcohol. Drinking during or prior to operating a motor vehicle can severely impact a person’s reaction time, vision, and decision-making. Due to the inherent dangers of drunk driving, law enforcement officers throughout the state are constantly on the lookout for inebriated drivers. 

If you or a loved one were injured in a collision with a drunk driver, you deserve injury compensation for any medical bills, lost wages, and pain and suffering. In the event of an accident, speak with an attorney immediately. 

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drunk driving accidents, DUI, Lake County drunk driving accident attorney, drunk driving case, drunk driving preventionEvery year in the U.S. there are approximately 111 million instances in which adults drive after drinking over the legal limit. About 10,265 people die in drunk driving accidents across the country annually. Every two minutes, a person is injured in an alcohol-related traffic accident.

While the statistics do not resemble the number of alcohol-related traffic accidents during the drunk driving epidemic of the 1970s and 1980s, the rate of drunk driving is still a concern among many, and researchers and policymakers are seeking ways to address the issue.

What Can Be Done?

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