Many law firms are devoted to protecting the rights of those who are arrested for drunk driving. When such conduct results in an accident, however, it is likely that an innocent victim has been hurt by another’s illegal conduct. Fortunately, Illinois has some of the most progressive DRAM shop laws in the nation. These laws allow the victim of a drunk driving accident to possibly recover damages against the establishment that sold the alcohol, in addition to the drunk driver themselves. Such matters are highly complicated and it is important that you retain an experienced attorney to assist you. Damon Young is a Peoria personal injury lawyer who assists those who were harmed by an intoxicated driver. Contact our firm today to schedule an initial consultation.
Injury attorney for Illinois DUI victims
The concept of DRAM shop liability allows an injury victim to seek damages against an establishment which provided alcohol to an individual who, in turn, causes an accident. In Illinois, any individual or business, licensed by the state, may be held liable. Our state differs from others in that liability does not require proof that the sale was illegal or that the drunk person was underage. For a case to be successful, one will typically need to establish that the alcohol was provided to a person who was already drunk and/or that they were excessively served. Lawsuits for such a case must generally be filed within one year of the incident and damages are subject to caps determined by the Illinois Liquor Control Commission. As of January, 2025, these caps can be as high as $107,618.82.
235 Ill. Comp. Stat. § 5/6-21 allows for a licensed seller of alcohol to be held liable for injuries caused by a drunk person. In order to establish liability, a victim will typically have to establish that a licensed defendant a) served or sold alcohol to a person that was known to be intoxicated and/or visibly so, and b) that the person actually consumed the sold alcohol, and c) that the intoxication is what led to the victim’s injuries. Sellers tend to assert several defenses in such situations. These can include claims that the person continued to drink after leaving the establishment or that the drunkenness is not what actually caused the incident (often a car accident).
The first step in handling a drunk driving accident case is to determine the parties responsible for selling alcohol to the offending driver. A letter will be sent to the establishment which they will then forward to their insurance carrier. Once the victim’s damages are reasonably known, a demand for payment will be sent to the insurer. Should a settlement not be reached then it will become necessary to file a lawsuit. Evidence which will be obtained, which can establish liability, can include bank records and phone records of the offending driver, social media posts, internal records from the business, and more. Should the matter proceed to trial, then a jury will be responsible for determining liability and awarding damages.
Damon Young is a Peoria drunk driving accident lawyer assisting those who have been the victim of a DUI. Damon will use your initial consultation to gain an understanding of the situation and to help you understand what to expect from the process. He will immediately work to identify all possible defendants and begin dealing with their insurance adjusters so that you may focus on your recovery. Our firm will be aggressive in its negotiations with the insurance carriers so that you may obtain the greatest possible settlement. If a settlement cannot be reached, then we will not hesitate to file a lawsuit on your behalf. While other attorneys often stand up for the rights of drunk drivers, we believe in protecting the rights of their victims. Contact us online or by telephone to schedule an initial consultation.
Peoria injury lawyer providing excellent service to the victims of drunk driving accidents
If you have been harmed by an intoxicated driver then this is undoubtedly a difficult time in your life. Our firm recognizes this and that is why we strive to provide the highest level of service. We will be diligent in the handling of all matters and will make ourselves available to answer your questions. This includes quickly replying to messages and promptly responding to emails. Damon founded our firm on the belief that the rights of individuals should be protected over those of insurance companies and wrongdoers. We look forward to speaking with you.
In addition to Peoria, our injury lawyer also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
