car accidents with drunk drivers
In 2006, there were 13,470 fatalities and crashes involving an alcohol-impaired driver, a driver with a blood alcohol content of .08 or higher. That figure represented 32% of total traffic fatalities for the year. The 13,470 fatalities in alcohol-impaired driving crashes during 2006 represent an average of one alcohol-impaired driving fatality every 39 minutes. In Illinois alone in 2005, 1,254 fatalities occurred in crashes involving an alcohol-impaired driver.
When someone is injured as the result of a drunk driver’s negligence, the person may be entitled to compensation for the injuries suffered. This may include recovery of money for the medical bills, lost wages, pain and suffering as well as the disability experienced. Dwyer & McDevitt has the experience necessary to recover the compensation the injured person is entitled to.
An insurance claim and if necessary a lawsuit may be brought against the driver who causes injury or death. The claim is based upon the negligence of the driver in doing something a reasonably careful person would not do. In addition to a negligence claim, a claim that the drunk driver’s conduct was “wilful and wanton” may also be pursued. “Wilful and wanton” conduct describes a course of action which shows actual or deliberate intention to harm or which, if not intentional shows an utter indifference or conscious disregard for the safety of others. Wilful and wanton conduct may be a basis for the awarding of punitive damages.
In addition to the claim against the drunk driver, a claim may also exist against the owner of the business that sold the liquor which caused the intoxication. Under the Liquor Control Act of 1934 (the Dram Shop Act) a cause of action may exist against the owner of the business that sold the liquor or the lessor of the premises on which the liquor was sold. The claim for damages may be sought for the physical injury to a person, for the injury to property, or for injury to the means of support or loss of society caused by an intoxicated person. Loss of support refers to the economic support provided by the injured person to their family. The loss of society refers to the loss of the mutual benefits that family members receive from each other’s continued existence, including the love, affection, care, attention, companionship, comfort, guidance and protection.
In order to recover money from the owner or lessor of the business that sold liquor to the intoxicated person who then caused injury, the plaintiff must prove that the intoxication was caused by consumption of liquor which was provided by the defendant and that the injury, property damage or loss of means of support or loss of society was caused by the act of an intoxicated person. More than one Dram Shop (tavern, restaurant, alcohol provider) may cause a single intoxication. In order to “cause” the intoxication the liquor must be a material and substantial factor in the intoxication. Providing a miniscule amount of alcohol is not sufficient to establish liability. However, two twelve ounce cans of beer sold immediately before a collision has been found to be sufficient.
Example of a Dram Shop case. A lawsuit brought as the result of a collision of a car driven by an intoxicated person with another car injuring the driver of the vehicle and killing the vehicle’s passenger. The passenger was the father of two children. Under those circumstances, there would be injury to the driver as well as the property of the driver and injury to the means of support of the family of the passenger or the loss of society.
Medical expenses incurred on behalf of the injured person constitute personal injury damages, not property damage. Under some circumstances the medical expenses may be property damage depending upon the obligations of the family members to pay those charges. This is an issue which should be discussed with an attorney.
In order to prevail against a Dram Shop for the injuries suffered as the result of a drunk driver’s intoxication, the plaintiff must prove the following:
1) The intoxicated person was intoxicated at the time of the collision;
2) the defendant sold or gave intoxicating liquor consumed by the
intoxicated person;
3) the liquor thus consumed caused the intoxication of the intoxicated person;
4) the intoxication was at least one cause of the occurrence in question;
5) as a result of the occurrence, the plaintiff suffered injury (or damage to his
property).
There are limits on the amount of money which can be recovered pursuant to the Dram Shop Act. For causes of action involving persons injured, killed or incurring property damage on and after January 20, 2008, the amount recoverable is limited to $58,599.59 for each person incurring damages. For causes of action under the Dram Shop Act for loss of means of support or loss of society resulting from the death or injury of any person on or after January 20, 2008, the judgment or recovery is limited to $71,621.72. It should be noted that recovery can be sought simultaneously for property damage, personal injury and damage to means of support or loss of society. Separate recoveries can be obtained for each type of damage under certain circumstances. It is important to discuss these limits with the attorney. There is no limit upon the recovery available from the drunk driver personally for his or her negligence.
If you or a loved one suffered injury as the result of a drunk driver’s negligence, contact Dwyer & McDevitt for a case evaluation today.
|
