If you or a loved one has been hit and seriously injured by a drunk driver, you may have the potential to receive compensation from sources other than the car insurance for the vehicles involved in the accident. In Illinois, the bar or restaurant that served the drunk driver may also be sued in certain circumstances. This is referred to as a dram shop rule.
When you’re navigating the complex aftermath of a drunk driving accident, understanding your legal options becomes crucial. Our personal injury attorneys work with clients throughout Cook County and surrounding areas who have been injured in car accidents. You don’t have to do this on your own. We can help.
What Are Dram Shop Laws?
Illinois dram shop laws allow you to potentially hold bars, restaurants, and other liquor establishments responsible when they serve alcohol who then causes an accident. The term “dram shop” comes from old English law, referring to places that sold alcohol by the “dram.”
Dram shop laws typically provide the potential for another source of recovery if the insurance coverage is inadequate. Instead of only pursuing the drunk driver, you may now have a second potential source of compensation. This matters more than you might realize.
Proving Your Dram Shop Case
Building a strong dram shop claim requires different evidence than a typical car accident case. This often involves investigating the drunk driver’s activities before the accident. How long were they at the establishment? How much did they drink? Were there obvious signs of intoxication that staff should have noticed? Then the sale of alcohol must be shown to contribute to the person’s intoxication.
Security footage can provide critical evidence. Credit card records, receipts, and witness statements can help reconstruct what happened. Sometimes the establishment’s own incident reports work in your favor. If they documented cutting someone off or calling a cab, that suggests they recognized the person was intoxicated. You need to contact an attorney as soon as possible so that a notice can be sent to make sure these items are preserved.
Time Limits and Practical Concerns
The sooner you talk to an injury attorney, the better your chances of preserving crucial evidence. Security footage, witness memories, and employee records all deteriorate over time. Some establishments change ownership, close down, or alter their insurance coverage after incidents.
Also, the time limit for filing a lawsuit in Illinois for a dram shop case is far shorter than for personal injury lawsuits. It is typically only one year from the date of incident as opposed to two years for other auto accident claims.
Making the Right Decision for Your Situation
Pursuing both the drunk driver and the establishment that served them creates a more complex case, but one with potentially better outcomes. You’re not choosing between defendants; you’re maximizing your recovery options.
If you’ve been injured by a drunk driver in the Chicago area, let us help you with your recovery. Talk to a personal injury lawyer at Levin, Riback & Adelman today in a free consultation. Accident claims are handled on a contingency basis, do you don’t pay lawyer fees unless we win your case for you.