Bars May Be Held Liable for Injuries Caused By Drunk Drivers

Web Admin - Friday, June 01, 2018
Palatine personal injury lawyer dram shop liabilityCar accidents can be devastating, especially when they are caused by a drunk driver. These drivers’ carelessness and lack of concern for people’s safety can lead to serious, debilitating injuries or even death. When a person is injured or killed because of a driver’s negligence, they may be able to seek compensation for their damages through a personal injury lawsuit. In addition to the negligent driver, other parties may be liable for the injuries caused, including the establishment that sold a driver the alcohol that led to their drunk driving.

Illinois Dram Shop Laws

Under Illinois law, victims who have been injured by a drunk driver may pursue damages from a bar, restaurant, nightclub, or liquor store that sold alcohol to the driver. Typically, the injured party must show that alcohol was provided to the driver by the establishment, this alcohol directly led to the driver’s intoxication, and the injuries suffered by the victim were caused as a result of this intoxication.

Illinois law provides limits for the damages which can be recovered in a dram shop lawsuit, and these limits are updated each year. As of January 20, 2018, these limits are:

- Personal injuries and property damage: $68,777.44 - This covers the costs of medical treatment and other expenses related to a person’s injuries, as well as any damage to their vehicle or other property which occurred in the accident.

- Loss of support or loss of society: $84,061.32 - Loss of support refers to the loss a family suffers because a victim is unable to provide financial support after being injured or killed in an accident. Loss of society refers to impairment to family relationships that occur when a person is injured or killed, including the love, affection, and companionship that the person would have provided to their family. Victims may seek compensation for either loss of support or loss of society, but not both.

Dram shop lawsuits have a statute of limitations of one year, which means that a lawsuit must be brought within one year after the accident or injury occurred.

Contact an Arlington Heights Dram Shop Liability Attorney

Bars, restaurants, and nightclubs have a responsibility to make sure that their patrons are acting safely, and if they do not take steps to prevent drunk driving, they may be held liable for the injuries that occur as a result. If you have been injured in a drunk driving accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation from the drunk driver and anyone else who was responsible. Contact a Crystal Lake personal injury lawyer at 847-934-6000 to schedule your personalized consultation today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


9 Tips on the Rights and Safety of Bicyclists in Illinois

Web Admin - Monday, October 14, 2013

Motorists may not respect bicyclists on the road, but there are steps bicycle riders can take in order to gain esteem. According to the “Bicycle Rules of the Road,” in Illinois, the best way to avoid harm on a bike is by being prepared for danger and obeying traffic laws.

It is important to note the specific laws directed toward bicyclists riding on the road with other motorists in cars, trucks, and semi-trucks. The following knowledge can help bicyclists avoid a personal injury accident:

  1. Bicyclists must ride in the same direction as traffic. Riding in the opposite direction is illegal.
  2. When riding on a sidewalk, bicyclists must obey all pedestrian signs and yield to the right-of-way rule for pedestrians.
  3. Bicyclists must stop for school buses dropping off children.

As a bicyclist, your on-the-road rights include:

  1. Motorists must provide at least three feet of space between them and a bicyclist when passing.
  2. Bicycles may be parked on the road at any angle to the curb where parking is allowed.
  3. At a traffic light, a bicyclist may proceed after yielding to oncoming traffic through a red light that fails to turn green after waiting at least 120 seconds.

Safety is a key factor a bicyclist has to remember. A few proactive protection measures to contemplate are:

  1. Make sure the bicycle is working properly, such as brakes, reflectors, seat and handlebars. A helmet may be considered an essential part of a bicycle, so also be aware of a helmet’s functionality.
  2. Ride as close to the edge of the road as safely possible to maintain distance from motorists, but be mindful of broken glass, grates and parked cars.
  3. Avoid riding at night. If you do ride at night, Illinois law requires that a bicycle must be have front light visible from at least 500 feet and a rear reflector visible for up to 600 feet. Wearing white or reflective clothing can also aid in safe riding.

If you or a loved one has been injured in a bicycle accident, the law offices of Drost, Gilbert, Andrew & Apicella, LLC, are standing by to assist you. Contact our Illinois personal injury attorneys by calling 847-934-6000 or by visiting our Chicago office located at 233 S. Wacker, Suite 8400.

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