If a drunk driver in Illinois injures you, you don’t have to face the aftermath alone. Contact us today for a free consultation.
Being injured in an accident caused by a drunk driver is a traumatic experience. In addition to the physical and emotional toll, victims are often left with questions about how to seek justice and recover damages for their injuries. Illinois law provides avenues for victims to hold drunk drivers accountable, but the process can be complex.
At Schierer & Ritchie, LLC, we understand the challenges victims face after a drunk driving accident. Our team is dedicated to helping clients navigate the legal system and secure the justice they deserve. Contact us today for a free consultation to discuss your case.
Seek Immediate Medical Attention
Your health should always be your top priority. After an accident, it’s crucial to get medical care, even if you don’t feel seriously injured.
- Why It’s Important: Some injuries, like whiplash or internal trauma, may not show symptoms immediately.
- Documentation: Medical records will serve as key evidence in your case, demonstrating the extent of your injuries and linking them to the accident.
Call the Police and Report the Accident
In Illinois, you must report any motor vehicle accident resulting in injury or significant property damage.
- Ensure a Police Report is Filed: The report will include details about the accident, including whether the at-fault driver was suspected of being under the influence of alcohol or drugs.
- Ask for a Copy: Obtain a copy of the police report for your records, as it will be critical evidence in both insurance claims and potential legal actions.
Gather Evidence at the Scene (If Safe to Do So)
Collect as much information as possible at the accident scene if you’re physically able.
- Exchange Information: Get the other driver’s name, contact information, insurance details, and license plate number.
- Take Photos: Photograph the vehicles, the scene, your injuries, and any visible evidence like skid marks or empty alcohol containers.
- Witness Statements: If there are witnesses, ask for their contact information and see if they can provide a statement.
Notify Your Insurance Company
You must promptly inform your insurance company about the accident but avoid giving a detailed statement without consulting an attorney.
Understand Illinois Laws on Drunk Driving
Illinois has strict laws regarding driving under the influence (DUI):
- Legal Limit: Drivers with a blood alcohol concentration (BAC) of 0.08% or higher are considered legally impaired.
- Dram Shop Act: Illinois law allows victims to file claims against establishments that served alcohol to an intoxicated person who caused the accident.
Pursue Compensation for Your Injuries
Victims of drunk driving accidents are entitled to compensation for their losses. There are two main avenues for recovery:
A. Insurance Claims
- File a claim against the at-fault driver’s liability insurance.
- If the driver is uninsured or underinsured, you may file a claim under your policy’s UM/UIM coverage.
B. Personal Injury Lawsuit
- If the insurance settlement is insufficient, you can file a personal injury lawsuit against the drunk driver.
- Damages You Can Claim:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Property damage
- Punitive damages (in cases of gross negligence, such as drunk driving)
File a Claim Within the Statute of Limitations
Illinois law sets specific time limits for filing personal injury claims:
- Two Years for Personal Injury Claims: You must file a lawsuit within two years of the accident.
- Five Years for Property Damage Claims: If the accident resulted in property damage, you have five years to file a claim.
Failing to file within these timeframes may result in losing your right to compensation.
Protect Yourself Legally
Drunk driving accident cases can be legally complex, and the drunk driver’s insurance company may try to shift blame or minimize liability.
- Avoid Talking to the Other Party’s Insurer: Insurance adjusters may attempt to use your statements against you.
- Do Not Accept Quick Settlement Offers: These offers may not fully cover your medical expenses, lost income, or pain and suffering.
Hire an Experienced Attorney
A skilled personal injury attorney can make a significant difference in the outcome of your case. They can:
- Investigate the accident and gather evidence.
- Negotiate with insurance companies on your behalf.
- Pursue additional compensation through dram shop claims or lawsuits.
- Represent you in court, if necessary.
Focus on Your Recovery
While pursuing legal action, prioritize your physical and emotional recovery.
- Follow Medical Advice: Attend all follow-up appointments and stick to your treatment plan.
- Seek Emotional Support: Being involved in a drunk driving accident can be emotionally taxing. Consider counseling or support groups for accident victims.
Final Thoughts
If a drunk driver in Illinois injures you, you don’t have to face the aftermath alone. Illinois laws are designed to hold drunk drivers accountable and provide victims with a path to recovery. By following the steps outlined above and seeking legal assistance, you can protect your rights and maximize your compensation.
Contact Schierer & Ritchie, LLC Today
At Schierer & Ritchie, LLC, we understand the challenges victims face after a drunk driving accident. Our team is dedicated to helping clients navigate the legal system and secure the justice they deserve. Contact us today for a free consultation to discuss your case.