THE LAW OFFICES OF
BARRY G. DOYLE, P.C.
100 W MONROE ST.,
STE 2100
CHICAGO, IL 60603
PHONE: 312.263.1080
FAX: 312.263.0153
Chicago Car Accident Attorney
Serving Chicago, Aurora, Rockford, and Surrounding Areas
Car accidents involving drunk driving result in a huge number of serious injuries and deaths.
- In 2003, there were 639 alcohol-related traffic fatalities in Illinois.
- This represents 44% of all traffic fatalities in Illinois, a statistic which is fairly typical across the United States.
- Many occur at high speeds, increasing the risk of serious injury.
Who can be held liable?
1. The drunk driver
A conviction for drunk driving will normally expose the drunk driver to punitive damages in a civil lawsuit. However, very few insurance policies provide coverage for punitive damages. That means the drunk driver himself must pay the punitive damages part of the jury's award.
While insurers have no obligation to pay punitive damages, they do have an obligation to try to settle a case without exposing the personal assets of their insured.
Why?
Because of a new case in the law in Illinois called Haddick v. Valor Insurance, in which Mr. Doyle submitted a brief to the Illinois Supreme Court on behalf of the Illinois Trial Lawyers Association.
This means that insurers will normally offer higher than average settlements in order to protect the assets of the drunk driver they insure.
2. The drunk driver's employer
The law makes an employer liable for the negligent acts of its employees. If the employee becomes intoxicated during a work-related function and then gets on the road, the employer may be held liable for any ensuing accident.
An example
The employee attends a business dinner, becomes intoxicated, and then gets into a crash while driving home drunk.
This kind of information is not always developed in the police investigation of an accident, but an aggressive attorney pursuing a civil lawsuit for personal injuries resulting from the drunk driving accident would certainly follow up on this line of investigation.
3. Dram shops
Dram shop is the legal term for any establishment that provides alcohol as part of its business. Lawsuits involving dram shops fall under the Illinois Dram Shop Act.
If a dram shop serves alcohol to a customer who becomes intoxicated and proceeds to cause injury to someone else, the injured person can recover damages up the statutory maximum. Each year in Illinois, the statutory maximum is adjusted.
The challenging part of this type of lawsuit is identifying the proper defendants. It is important to investigate quickly, before the statute of limitations expires.
A shorter statute of limitations
For Dram Shop Act cases, the statute of limitations is only one year, as compared to the two years normally imposed for a personal injury claim.
Do not delay in hiring a well-qualified, aggressive personal injury attorney to investigate and prosecute lawsuits involving accidents caused by drunk drivers.
Lawsuits following drunk driving accidents can lead to significant compensation, provided the case is handled in the aggressive manner befitting the injuries caused by the accident. The key is prompt and thorough investigation.
Chicago car accident attorney Barry Doyle aggressively investigates and prosecutes civil lawsuits against drunk drivers. Contact Chicago lawyer Barry Doyle for your free legal consultation. No recovery, no fee.
