Is an Illinois Bar Liable for a Drunk Driving Accident?

 Posted on July 24, 2024 in Car Accidents

Being injured by a drunk driver can be catastrophic, and victims of drunk driving accidents often feel enraged and confused by a drunk driver’s choice to get behind the wheel. In some cases, the liability is not solely on the drunk driver, with the bar or other establishment that served the drunk driver to the point of intoxication also sharing liability.

An experienced Illinois dram shop liability lawyer can help you investigate your case to assign liability and advocate for the compensation you deserve after a drunk driving accident.

Understanding Illinois Dram Shop Laws

Illinois is a state with dram shop laws, with the term ‘dram shop’ being an old-fashioned term that refers to a bar. These laws allow people injured by a drunk driver to hold the bar or other establishment licensed to sell alcohol accountable for the negligent behavior of over-serving a drunk driver.

In order to have a case under Illinois dram shop laws, you will need to prove the following:

• The bar or other licensed establishment served the driver alcohol before the accident

• The alcohol consumed by the driver led to him or her becoming intoxicated

• The driver who caused the accident was intoxicated when the accident happened

• The accident caused injuries to the victim

• Alcohol was a contributing factor in both the accident and the victim’s injuries

The types of damages that a victim can pursue under dram shop laws include personal injury damages, which cover the costs of medical expenses and related recovery, property damages to cover the loss of a car or other items, and loss of society or loss of support.

Loss of society refers to the loss of companionship or comfort due to the accident, while a loss of support refers to the loss of wages a victim may have lost due to the accident.

How Long Do I Have to File a Claim Under Dram Shop Laws?

While the statute of limitations for most personal injury cases that result from a car accident or drunk driving accident is two years, if you are filing a claim under dram shop laws, you will need to move even more quickly.

Dram shop law liability claims have a statute of limitations of one year, and the faster you secure legal representation for your case the better, as bars and other establishments may begin deleting security footage or other important evidence days after a drunk driving accident has occurred.

Contact a Rockford, IL Dram Shop Liability Attorney

Drunk driving accidents are among the most severe types of car accidents, and victims of a drunk driving accident may be wondering if they can hold a bar accountable for their part in an accident. A knowledgeable Winnebago County, IL dram shop liability lawyer can help you explore your legal options for pursuing a claim against a bar.

At Mannarino & Brasfield, A Division of Schwartz Jambois, our attorneys have extensive experience with complex cases, and we are skilled in the area of dram shop liability law. Call 815-215-7561 for a free consultation.