Chicago Drunk Driving Accident Attorney
Individuals harmed by a drunk driver should be able to receive all the compensation necessary to cover their medical bills, property damage, and any other expenses caused by the incident. Unfortunately, these claims are challenging, even if the other driver was impaired.
As we review these claims, we encourage you to reach out to a Chicago car accident attorney for help with your case. When you have a drunk driving accident lawyer with experience by your side, you significantly increase your chances of recovering the money you need to get through this.
If you or a loved one has been involved in a drunk driving crash, contact our Chicago drunk driving accident attorneys from Taxman, Pollock & Bekkerman, LLC, at (312) 586-1700 to schedule a free review today. We work on a contingency fee basis, so you won’t pay unless we win.
What to Do After a Drunk Driving Accident in Chicago
If you get injured in a car accident where you suspect the other driver of impairment, remain calm and take the following steps to protect yourself:
- Check for injuries and seek medical care right away, even if you feel fine. Your adrenaline may be hiding serious injuries.
- Call the police and report the drunk driver. The police should always be notified of an accident involving possible driver intoxication.
- Collect information at the scene, including the driver’s name, car crash, photos, and eyewitness information for your records.
Once you’ve collected facts and evidence surrounding your DUI car accident, bring these documents to a free case review with a Chicago drunk driving accident lawyer to learn about your legal options.
Police Procedures After a Chicago Drunk Driving Accident
If law enforcement officers suspect that a driver is under the influence of alcohol or drugs, they will conduct an investigation at the scene. Their priority is ensuring everyone receives medical attention and securing the accident scene. Officers will then begin documenting evidence that may indicate impairment.
During the investigation, officers may:
- Observe the driver’s speech, balance, and coordination.
- Look for the odor of alcohol or other signs of intoxication.
- Speak with witnesses about the driver’s behavior before and after the collision.
- Document open alcohol containers or other evidence found inside the vehicle.
- Prepare an official crash report that may later become important evidence in a civil claim.
If officers determine there is probable cause to believe a driver was impaired, they may place the driver under arrest for driving under the influence. Criminal charges are separate from any personal injury claim, but evidence gathered during the criminal investigation can often help support a victim’s civil case.
Field Sobriety Tests and Preliminary Alcohol Screening
When officers suspect impairment, they may ask the driver to perform standardized field sobriety tests. These tests are designed to help officers evaluate balance, coordination, attention, and the ability to follow instructions.
Common field sobriety tests include:
- Horizontal Gaze Nystagmus (eye movement test)
- Walk-and-Turn test
- One-Leg Stand test
An officer may also request that the driver submit to a Preliminary Alcohol Screening (PAS) test using a portable breath-testing device. While the portable test helps officers determine whether alcohol may be involved, additional chemical testing is often conducted after an arrest to determine a driver’s blood alcohol concentration (BAC).
Evidence collected during these investigations, including police reports, chemical test results, and officer observations, may become valuable evidence when pursuing compensation after a drunk driving accident.
Frequent DUI Accident Roadways in Chicago
Drunk driving accidents can happen anywhere, but certain roadways throughout Chicago and Cook County experience a higher volume of serious crashes due to heavy traffic, nightlife, and higher speed limits.
Roadways frequently associated with serious DUI-related crashes include:
- Interstate 90 (Kennedy Expressway)
- Interstate 94 (Dan Ryan and Edens Expressways)
- Interstate 55 (Stevenson Expressway)
- Interstate 290 (Eisenhower Expressway)
- Lake Shore Drive (U.S. 41)
- Cicero Avenue
- Western Avenue
- Pulaski Road
- North Avenue
- Irving Park Road
Many of these corridors experience increased traffic during evenings, weekends, and holidays, when alcohol-related crashes are more common. Drivers should remain especially alert around entertainment districts, sporting venues, and areas with a high concentration of bars and restaurants.
Who Can Be Held Liable in an Illinois Drunk Driving Accident?
If a driver recklessly decides to operate under the influence, he or she can be held liable or financially responsible for a resultant car accident. This means the drunk driver (or the driver’s insurer) can be held liable for a victim’s medical bills, property repairs, and other losses. Since Illinois is a fault-based state, the victim will need to prove that the driver was intoxicated and caused the crash.
Another legal option is a dram shop liability claim. The Illinois Dram Shop Act permits DUI accident victims to hold alcohol vendors liable for the actions of a drunk driver who was overserved or served under age (20 or younger) at an establishment. This means you may be able to hold a Chicago bar, restaurant, or another alcohol vendor liable for the crash.
How Will Impaired Driving Affect Your Chicago Car Accident Claim?
In Illinois, driving under the influence (DUI) means operating a motor vehicle while under the intoxicating influence of alcohol, drugs, or a combination of both (Illinois Compiled Statutes § 11-500). It’s against the law to operate a vehicle with a blood alcohol concentration level at or above 0.08 percent for standard drivers or 0.04 percent for commercial truck drivers.
When a driver is impaired by alcohol, their ability to operate a vehicle safely is compromised. This increases the chance of car accidents and devastating consequences for victims. Drunk driving accident claims can be more straightforward in terms of proving fault because impairment is a clear act of negligence. However, the challenges arise in dealing with insurance companies and helping hold all responsible parties accountable.
If a driver exceeds the legal BAC limit and causes an accident, they can face both criminal charges (initiated by the police and prosecutors) and civil liability (claim filed by victims) for any injuries and damages caused. The drunk driver’s insurance company may attempt to minimize its liability or offer a low settlement, making it crucial to have an experienced drunk driving accident attorney in Chicago to negotiate for you.
Dealing With the Other Driver’s Insurance Company
Even when the other driver is arrested for DUI, recovering compensation is rarely automatic. The at-fault driver’s insurance company may still dispute the value of your claim or attempt to minimize the extent of your injuries.
Insurance adjusters may:
- Request a recorded statement shortly after the accident.
- Ask questions designed to shift some of the blame to you.
- Downplay the seriousness of your injuries.
- Argue that certain medical treatments were unnecessary.
- Offer a quick settlement before you understand the full extent of your damages.
It is important to remember that the insurance company’s goal is to protect its financial interests, not yours. Before accepting any settlement offer or providing a recorded statement, consider speaking with a drunk driving accident lawyer in Chicago who can evaluate your claim and negotiate on your behalf.
Although a DUI arrest may strengthen your case, you must still prove the extent of your injuries and losses. A drunk driving accident attorney can gather medical records, expert opinions, and other evidence needed to pursue compensation that reflects the true impact the accident has had on your life.
How Can a Chicago Drunk Driving Accident Lawyer Help You?
Navigating a Chicago car accident claim can be complex and overwhelming. A drunk driving accident attorney in Chicago can provide several critical services:
- Evidence Gathering. A drunk driving accident lawyer will collect essential evidence, such as police reports and criminal citations, witness statements, and medical records, to build a strong case.
- Expert Negotiation. Insurance companies often try to settle claims quickly and for less than what victims deserve. An experienced Chicago drunk driving accident attorney can negotiate effectively to ensure you receive adequate compensation.
- Litigation Support. If a fair settlement isn’t attainable through an insurance settlement, your attorney can take your case to court.
- Comprehensive Compensation. Our drunk driving accident lawyers can help you seek compensation not only for medical expenses and property damage but also for lost wages, pain and suffering, and long-term impacts on your quality of life.
For victims of drunk driving car accidents in Chicago, seeking legal representation can make a significant difference in the outcome of their claims. With professional legal assistance, you can focus on your recovery while your Chicago drunk driving accident attorney navigates the complexities of your case.
How Long Will Your Chicago Car Accident Claim Take to Resolve?
There is no specific time frame for how long it will take a drunk driving accident claim to resolve. Relatively straightforward claims could result in a person receiving compensation within a few months, but that is not always how these claims play out.
Unfortunately, there may be additional complications as a criminal case related to the drunk driving plays out that could affect a civil claim. We encourage you to speak to your drunk driving accident lawyer in Chicago about any potential holdups that could prevent you from recovering immediate compensation.
Common Injuries in Drunk Driving Crashes
Drunk driving accidents are some of the deadliest vehicle collisions in Illinois. Drunk drivers are often guilty of dangerous and reckless driving behaviors, such as excessive speeding, racing, and red-light running.
Unfortunately, this can result in high-speed collisions and other catastrophic accidents that cause life-changing injuries. Examples include broken bones, brain injuries, spinal cord injuries, paralysis, and internal organ damage.
Alcohol-Impaired Driving Is a Problem in Chicago
Drunk driving remains a significant issue in Chicago and throughout Illinois. Despite efforts to reduce these incidents, many car accidents occur due to drivers operating vehicles while under the influence of alcohol.
According to the Illinois Department of Transportation, alcohol-impaired driving is a leading cause of traffic deaths in the state. In 2020 alone, there were 10,142 alcohol-related car crashes in Illinois, resulting in major injuries and fatalities.
Taxman, Pollock & Bekkerman Can Help You With Your Chicago Drunk Driving Accident Claim
Recovering from a driving under the influence accident may require medical treatments and ongoing care, therapies, and expensive property repairs. Seeking justice against the drunk driver can help you move forward.
A Chicago personal injury lawyer from Taxman, Pollock, & Bekkerman, LLC, can help you understand your rights as a victim. You can trust them to take over settlement negotiations and fight for fair case results on your behalf while you concentrate on healing. Since our drunk driving attorneys work on a contingency fee basis, you don’t pay any legal fees unless we win your case.
If you or a family member wants to discuss a recent accident with a Chicago drunk driving accident lawyer, call our law firm at (312) 586-1700 or complete our online contact form to request a free case evaluation.