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Driving under the influence in Illinois encompasses those impaired by alcohol, marijuana, methamphetamine, and other intoxicating drugs. Even though marijuana is legal for medicinal and recreational use in the state, if it is found in your system, you can be charged with impaired driving.
If someone is injured because an impaired driver causes an accident, that driver may also be responsible for compensating the injured person for physical, financial, and emotional losses. If you are a motorist, pedestrian, bicyclist, or motorcyclist injured in a drunk driving car accident in Chicago, our skilled car crash injury lawyers offer a free consultation to discuss your options.
While alcohol makes motorists more dangerous with each drink and is the most widespread cause of DUI charges, other drugs, including prescription medications, continue to contribute to the carnage of a car accident. According to the Illinois DUI Fact Book, drivers are under the influence if they:
There is an automatic presumption when a driver is ticketed for impaired driving that they have acted unreasonably. Under the doctrine of negligence per se, a Chicago drunk driving accident attorney proves the first two elements of a negligence claim, duty and breach of duty, by presenting the ticket issued to the drunk driver. This leaves only the elements of proving the drunk driver caused the accident and that the plaintiff was injured because of it.
All motorists are required to carry liability insurance to compensate others if they are responsible for car accident injuries under Illinois’ at-fault system. McCready Law attorneys are skilled negotiators and fight to win what clients are really owed. They do not accept substandard insurance settlements and will head to court to convince a jury of a client’s losses.
Injured parties should be compensated for medical care related to the accident, prescriptions, rehabilitation, lost wages, and the damage done to the injured party’s vehicle. Other losses are qualitative, and juries affix the amount to the losses, which include recurring pain and the injured person’s psychological trauma. There could be compensable psychological damage in knowing they will spend a lifetime disfigured, without the use of some or all limbs, or with the loss of consortium and enjoyment of life.
The statute of limitations is the amount of time an injured party is given to file a lawsuit against the person who caused the accident. Lawsuits against drunk drivers in Chicago must be filed within two years of the crash, but there are exceptions.
When the injured party is younger than 18, the two-year limit does not begin until their 18th birthday. If the plaintiff has some sort of mental illness, the lawsuit can be put on hold until the person is deemed cured, and if the defendant leaves Illinois, then the two-year limit does not begin until they return. Other rules apply when the at-fault driver is a government employee.
When an impaired driver is reckless enough to get behind the wheel and cause an accident with major injuries, it is only right that they compensate you, through an insurance settlement or damages award after filing a civil personal injury lawsuit. You have lost a lot—your health, financial security, and emotional balance—because of the illegal act of another person.
We pride ourselves in fighting hard for people. We will make the process easy for you. Our consultations are free, and you owe us nothing unless we win your case. If you are injured, it is time to call a Chicago drunk driving car accident lawyer now.