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Whether the bus driver was under the influence or another driver caused the crash, drunk driving bus accidents in Chicago can cause devastating injuries. Unlike in cars, bus passengers are not wearing seatbelts, which can leave them more vulnerable to injury. If you or a loved one was injured by a drunk driver, you may be able to file a lawsuit to receive compensation for your medical bills, lost income, and emotional pain. Our committed bus accident attorneys can review your case and help you determine the best approach.
In Illinois, first and second DUIs are misdemeanors and third DUIs are felonies. Being convicted of drunk driving comes with criminal penalties like fines, community services, jail time, and a driver’s license suspension. In addition to these consequences, a person who was injured by a drunk driver can also choose to sue the negligent party. In order to file a personal injury lawsuit, the injured person needs to prove that someone else caused their injuries through negligence. This means that they had a duty to act a certain way and failed to uphold this duty.
Because drunk driving is a crime, drunk drivers are automatically considered to be negligent. This can make suing a drunk driver easier than suing someone who caused an accident because of carelessness. If a city bus driver was the one under the influence, the bus company or transportation agency could be liable for any injuries. This is especially likely if the driver had a DUI history and the agency failed to screen its employees appropriately. However, the driver could be personally liable as well.
The most common type of compensation an injured person would receive for a bus accident is compensatory damages. These include compensation for expenses like medical bills and lost wages, as well as ongoing medical treatments and lost future income if the accident caused a long-term disability. They also include compensation for pain and suffering, emotional distress, and other non-financial losses. This non-financial amount can be more difficult to estimate, but it usually uses the financial damages as a starting point.
In a drunk driving case, the injured person might also receive punitive damages. These are only available in certain circumstances explained in Illinois Statute 735 ILCS 5/2-1115.05. A court can choose to award punitive damages when the person responsible had evil intent or was acting with reckless disregard for others. Drunk drivers, especially if they are repeat offenders, may meet this standard. A bus driver who is responsible for the safety of multiple passengers might be viewed as especially reckless and more likely to owe punitive damages. Unlike other states, Illinois does not set a limit on how much can be awarded in punitive damages.
Drunk driving bus accidents in Chicago put both bus passengers and others on the road at risk of serious injuries. If you were injured by a drunk driver, you may be able to file a lawsuit and receive compensation for the expenses the accident caused. McCready Law offers free case assessments so you can make an informed decision about moving forward. Contact us to schedule yours today.