Illinois Liquor Liability Laws for Alcohol-Related Vehicle Accidents
Every year, hundreds of motor vehicle accidents occur in Illinois involving alcohol use by drivers. Drunk driving is an epidemic that threatens the safety of Illinois’s roads. One of the measures put in place to reduce the rate of driving under the influence is a state law known as the Dram Shop Act.
This law permits individuals who get hurt by an intoxicated driver to hold the establishment that served the driver alcohol liable, or financially responsible, for the crash. Understanding how this law may apply to your injury claim can allow you to maximize your financial recovery as an injured crash victim.
What Is a Dram Shop?
A “dram shop” refers to an establishment that is licensed to sell or serve alcoholic beverages for a profit. It can refer to commercial establishments in Illinois, such as bars, restaurants, and clubs. A dram shop rule is a legal doctrine placing liability on an alcohol vendor for injuries caused by an intoxicated patron. These rules can apply to motor vehicle accidents as well as physical assaults, crimes, and other injuries.
What Is Illinois’s Dram Shop Rule?
To help prevent drunk driving collisions, Illinois lawmakers passed the “Liquor Control Act of 1934,” also known as the Dram Shop Act. This law allows not only the intoxicated driver to be held liable for the wreck but also the vendor responsible for serving the driver alcohol, as well.
235 Illinois Compiled Statutes (ILCS) 5/6-21 states:
- Sec. 6-21. (a) Every person who is injured within this State, in person or property, by any intoxicated person has a right of action in his or her own name, severally or jointly, against any person, licensed under the laws of this State or of any other state to sell alcoholic liquor, who, by selling or giving alcoholic liquor, within or without the territorial limits of this State, causes the intoxication of such person.
This law aims to make alcohol vendors more culpable for their part in the occurrence of drunk driving vehicle accidents. It also helps victims by providing another option for financial recovery, as the intoxicated driver may be without enough insurance or assets to pay for the damage.
Does Illinois Have a Social Host Liability Law?
In many states, dram shop laws expand to cover social host liability. A social host refers to anyone hosting a private gathering, party, or social event that involves alcoholic beverages. Illinois, however, does not have a general social host liability law. For the most part, a social host cannot be held liable for an accident caused by an intoxicated party.
There is one notable exception: if an individual is at least 21 years old and rents a location (such as a hotel or motel room) with the knowledge that it will be used for underage drinking, the individual who rented the room is legally responsible for any injuries caused by an underage person who becomes drunk on the property.
When Can a Dram Shop Be Held Liable for a Drunk Driving Accident in Illinois?
To have grounds to file a dram shop liability claim in Illinois, the injured car accident victim must have evidence proving certain required legal elements. Unlike the majority of states with dram shop laws, however, Illinois does not determine liability based on the selling or furnishing of alcohol to a person who is underage or already visibly intoxicated.
While these are requirements in most other states, in Illinois, any sale of alcohol that causes intoxication can be grounds for a potential dram shop liability claim if the sale leads to the intoxicated individual causing harm to others. In addition, a party that owns or leases the property, knowing that it is where liquor is sold, can be held liable alongside the dram shop.
How to Prove a Dram Shop Drunk Driving Case in Illinois
In an Illinois personal injury case, the filing party or plaintiff bears the burden of proof. If you wish to file a dram shop case following an alcohol-related vehicle accident, this means you must provide evidence that proves or establishes your claim as true with at least a 51 percent likelihood.
The elements that must be proven are:
- The establishment you are naming in your lawsuit sold or furnished alcohol to the intoxicated driver who caused your crash.
- The at-fault driver became intoxicated due to the alcohol provided by the establishment.
- The individual’s intoxication was a direct or proximate cause of your car accident or injury.
- You suffered specific losses or actual damages as a result of the drunk driving crash.
Dram shop liability can be established using evidence such as statements from eyewitnesses, security video footage from the establishment, alcohol purchase receipts or credit card statements, photos from the crash scene, police accident reports, blood alcohol test results, expert witness testimony, and proof of your losses.
Time Limits on a Dram Shop Claim in Illinois
All personal injury claims must abide by Illinois’s statutes of limitations, or deadlines for filing. This includes Illinois dram shop cases. If you do not file within your deadline, you will most likely give up the right to seek financial compensation from an alcohol vendor or property owner for a drunk driving crash.
While the standard personal injury statute of limitations in Illinois is two years under 735 ILCS 5/13-202, the Illinois Dram Shop Act imposes a claim deadline of just one year from the date of the injury. If you wait too long and miss your filing window, the defendant will most likely block your claim based on the missed deadline.
How a Car Accident Attorney in Illinois Can Help You
An experienced car accident attorney in Chicago can help you navigate Illinois’s liquor liability laws in the aftermath of a drunk driving accident. When you contact a lawyer, he or she can immediately take action to preserve crucial evidence against the bar or restaurant. Your lawyer will use legal tools and resources to prove the required legal elements of your case and negotiate for maximum compensation.
With an attorney in your corner, you will avoid common mistakes that could interfere with your ability to recover, such as missing your statute of limitations or incorrectly identifying the liable party/ies. Hiring a lawyer can eliminate these errors and reduce your stress while the legal process is ongoing. Your attorney will seek justice against a dram shop and fight for a positive case outcome on your behalf while you focus on healing and recovering.