$1 million settlement in drunk driving accident

The family of a New Hampshire police officer will receive a settlement in excess of $1 million following a drunk driving accident in which the police officer was hit by a car while riding a motorcycle.  The drunk driver is serving a lengthy prison sentence after being convicted of drunk driving charges and negligent homicide.

The settlement is being funded by an $800,000 dram shop settlement from the restaurant where the drunk driver became intoxicated and the balance from the drunk driver himself.

One key difference between this case and what would happen under the same circumstances in Illinois is that the recovery against the restaurant would be subject to the damage caps under the Illinois Dram Shop Act which currently limits recovery against the dram shop to $58,652.33 for non-fatal injuries and to $71,686.18 for wrongful death accidents.

In my opinion, the dram shop caps are far too low, and certainly not in keeping with the damage that drunk drivers do week in and week out.  These should either be abolished or raised significantly.