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Drunk Driver Accident

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Drunk driving accidents in Illinois are a tragedy, as the negligent party made the decision to get behind the wheel impaired and must be held accountable for the damage they have caused. At Mike Agruss Law, we understand the terrible impact these accidents can have on victims and family members, and we are passionate about seeking justice.

If you believe an impaired driver caused your accident, contact our firm as soon as possible to understand your legal rights and options. We understand that the devastation left behind by an alcohol impaired driver can be staggering, and you may be left with legal, medical, financial, and emotional demands. The number of DUI accidents in Chicago is truly alarming.

Mike Agruss Law, sues drunk drivers for the damage they cause. Our goal is helping victims and their families rebuild their lives. Our DUI victim attorneys will seek compensation for past and future medical bills, lost wages, out-of-pocket costs, and damage for any permanent disability or disfigurement sustained.

Who Can Be Held Responsible for a Drunk Driving Accident?

Illinois laws deems a driver too impaired to drive a motor vehicle if his or her blood alcohol concentration (BAC) is at least 0.08 percent. It is also illegal in the state for anyone under 21 to drive with any alcohol in their system. If a driver violates Illinois law and causes an accident, he or she can be considered negligent per se, which means their violation of the law establishes they are at fault for the accident.

The driver may then be held legally responsible for any losses the driver causes to third parties. This includes injuries sustained by other motorists, pedestrians, or passengers in the driver’s car. Research has found that a driver with a BAC below 0.08 can still be a danger to others on the road. The Centers for Disease Control and Prevention has found that drivers usually exhibit impaired coordination, judgment, and alertness with a BAC of just 0.05 percent. In some cases, liability can be established by showing that the driver’s alcohol consumption led to careless driving, such as crossing the center line.

Who Else is Liable for Drunk Driving Accidents in Illinois?

The drunk driver is not the only party who may be liable for the accident. Under the Illinois dram shop law, it may be possible to sue the restaurant, bar, or store that served alcohol to the driver who caused the accident. You should be aware that recovery under this law is limited by a statutory cap, and your claim must be filed within one year of the accident, as opposed to the typical two year limit under Illinois law.

It is also possible in some cases to sue anyone who provides alcohol to a driver under 21 who causes an accident. This is known as a social host liability case. If the intoxicated driver was on the job at the time of the accident, the driver’s employer may also be held liable for the accident. At Mike Agruss Law, it is our goal to make sure anyone who contributed to your accident is held liable, and we will research and investigate your case thoroughly, establishing your case through police reports, blood test results, verdicts, witness statements, receipts, expert analysis, and other forms of evidence.

Compensation for Your Injuries

Following an accident caused by a drunk driver, you and your family may be left with significant financial difficulties caused by medical expenses, funeral bills or lost wages. You may be entitled to recover from the driver of the vehicle, or the establishment that served the driver alcohol. It is also possible to receive compensation through the Crime Victims Compensation Program. Your ability to recover will depend on several factors, including whether the driver had insurance and what assets they own.

Some insurance companies will deny claims based on a DUI incident, even if coverage exists. Just because you have received a denial of your claim does not mean you are not entitled to compensation. If the driver does not have insurance, or the insurance coverage is not sufficient to cover your damages, you may be entitled to recover from your insurance carrier if you have uninsured motorist coverage or medical payments coverage.

A skilled personal injury attorney can help you determine if you are entitled to receive compensation under your own insurance policy or from other sources, and help you contest a denial of benefits. Contact Mike Agruss Law We believe that drunk driving accidents are the result of willful conduct, and these cases are often among the most tragic in Illinois.

If you have been injured in an accident caused by a drunk driver, contact Mike Agruss Law, for a free consultation. We are a Chicago injury law firm representing individuals and families who have suffered an injury or loss due to an injury caused by a drunk driver. Mike Agruss Law, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.

Lastly, Mike Agruss Law, does not get paid attorney’s fees unless we win your case. Our no-¬fee promise is that simple. Therefore, you have nothing to risk when you hire us–just the opportunity to seek justice.

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