Can I Pursue a Personal Injury Claim Under Illinois’ Dram Shop Act?

 Posted on July 30, 2019 in Personal Injury

Even after years of aggressive marketing campaigns and education, drunk driving still remains one of the biggest threats to American drivers and passengers. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,800 deaths from alcohol-related traffic crashes in the United States in 2017. More than 300 of those people were killed in Illinois, representing 30 percent of all of Illinois’ traffic deaths in 2017. Even more people have been injured because of alcohol-related traffic accidents. Many of these accidents are serious and tragic, especially since they can almost always be prevented. Families of injured or deceased victims often look to place blame somewhere. In the state of Illinois, one of the entities that can possibly be held responsible for drunk drivers is the establishment where the drivers drank the alcohol, often a bar or restaurant.

What Is the Dram Shop Act?

Also known as the Illinois Liquor Control Act, the Dram Shop Act is what allows bars and other specific establishments to be held liable for damages that are caused by an intoxicated person. The Act states that people who have suffered injuries or sustained damages caused by an intoxicated person to whom alcohol was sold by an establishment can place liability for such damages or injuries on the establishment itself.

To be successful in a Dram Shop personal injury case, you must prove all of the following to the court:

• The person was in fact intoxicated at the time of the accident.

• The person was intoxicated from alcohol that was sold to him or her at said establishment.

• The accident occurred because the driver was intoxicated.

• You suffered injuries, someone was killed, or you sustained other damages because of the accident.

Limits to Compensation From Dram Shop Claims

Each year, the Illinois Comptroller sets the limit for the amount that can be claimed in Dram Shop cases. For 2019, amounts recovered in Dram Shop cases involving people who were injured, killed, or sustained property damage can be no greater than $70,091.09. For cases that involve the loss of means of support because of the death or injury of a person, the amount can be no greater than $85,666.89.

Contact a DuPage County Drunk Driving Accident Lawyer

Most of the time, accidents involving a drunk driver are very serious, and sometimes they are even fatal. Even if you are lucky enough to survive a car crash with a drunk driver, injuries sustained from the collision are often life-threatening and can affect you for the rest of your life. At the Mevorah & Giglio Law Offices, we understand how devastating these injuries can be and how difficult your loss is. Let our compassionate and knowledgeable Bloomingdale, IL personal injury attorneys fight for your rightful compensation. To get started on your case, call our office today at 630-932-9100 to set up a free consultation.