If you’ve been involved in an accident where the other party was intoxicated, it’s important to take immediate action to protect your rights and ensure you receive the compensation you deserve. You’ll need to prove that the other driver was intoxicated, especially if they are not criminally charged with a DUI.
At our law firm, we specialize in helping victims of accidents caused by impaired drivers and understand the significant impact these incidents can have on your life. Here’s what you need to know if you find yourself in this situation in Illinois.
Intoxication Automatically Makes the Other Driver Liable
In Illinois, driving under the influence (DUI) is a serious offense and is considered negligence under the law. If the other party was intoxicated at the time of the accident, this can significantly strengthen your case. However, proving the other driver’s intoxication is crucial, especially if they are not criminally charged with a DUI.
Even if the police do not file DUI charges, you can still hold the driver liable in a civil claim if there is evidence of impairment. Civil cases operate under a preponderance of the evidence standard, meaning it’s enough to show that it’s more likely than not that the driver was impaired. Evidence such as witness testimonies, accident scene photos, and medical records can support your case, regardless of criminal charges.
What Should You Do Immediately After the Accident?
- Ensure Your Safety:
- Your health and safety should always come first. Seek medical attention right away, even if your injuries seem minor. Some injuries, like internal trauma or concussions, may not show symptoms immediately.
- Your health and safety should always come first. Seek medical attention right away, even if your injuries seem minor. Some injuries, like internal trauma or concussions, may not show symptoms immediately.
- Call the Police:
- Report the accident and specifically mention that you suspect the other driver was intoxicated. The police will document important evidence, including signs of impairment like slurred speech, alcohol odor, or failed sobriety tests.
- Report the accident and specifically mention that you suspect the other driver was intoxicated. The police will document important evidence, including signs of impairment like slurred speech, alcohol odor, or failed sobriety tests.
- Gather Evidence:
- Take photos of the accident scene, your injuries, and any visible signs of intoxication (e.g., open alcohol containers).
- Collect witness statements and contact information. Witnesses who observed reckless or impaired driving can support your case.
- Make a note of any businesses nearby that may have security cameras capturing the incident.
- Take photos of the accident scene, your injuries, and any visible signs of intoxication (e.g., open alcohol containers).
- Avoid Admitting Fault:
- Stay calm and avoid making any statements that could be interpreted as taking responsibility. Let the police handle the fault determination.
- Stay calm and avoid making any statements that could be interpreted as taking responsibility. Let the police handle the fault determination.
Why Legal Representation is Important in DUI Accident Cases
DUI accident cases can get complex, especially if the intoxicated driver denies fault or if multiple parties are involved. An experienced attorney can:
- Investigate the circumstances of the crash, including obtaining police reports, toxicology results, and surveillance footage.
- Identify all liable parties, including potential third-party liability under the Dram Shop Act.
- Pursue compensation for medical bills, lost wages, pain and suffering, and potential punitive damages.
Our law firm has extensive experience with DUI accident cases and is dedicated to advocating for victims who have suffered due to impaired driving. We understand the challenges you face and are committed to helping you secure the compensation you deserve.
