Despite the obvious dangers of drinking and driving, accidents in Illinois caused by such behavior occur on an hourly basis. In 2015, accidents related to alcohol use constituted 369 fatalities in Illinois. Put another way, 40% of all accidents resulting in fatalities were related to alcohol. In Illinois, driving drunk is illegal, and while doing so might result in criminal penalties, such behavior can also result in a civil lawsuit if there is an accident.
A driver being cited for drunk driving goes a long way towards proving who is at fault in after an accident. Typically, when law enforcement arrives to the scene of an accident in which a driver is suspected of being under the influence of alcohol, there is a set police protocol for determining sobriety. The results of a DUI investigation are usually documented in detail by officers, and portions of the evidence may be picked up by an officer’s squad car video camera. We have the knowledge and experience to retrieve this documentation to help prove your case.
Under Illinois law, if you are involved in a drunk driving accident, you may be entitled to reimbursement of medical expenses, pain and suffering, disability, disfigurement, permanent impairment, lost wages, and property damage. If you or a loved one was killed as a result of a drunk driving accident, you may be entitled recovery under the Illinois Wrongful Death Act (740 ILCS 180/1). Consulting an attorney early on in your case is the best way to ensure that your damages have been properly documented so that you receive fair value for your claim. Also, be sure to seek medical treatment right away if you believe that you have been injured, as more often than not, this is a big factor in the outcome of drunk driving accident cases.
Illinois Time Limits on Filing Suit
Illinois sets a time limit of two years to file a personal injury lawsuit in the state’s civil court system. In most cases, this two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident. Sometimes, however, a statute of limitations might run from the date that you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
For injury claims against a city or county, you have one year to file a lawsuit. The time limit to sue the state is generally two years, but you must file a formal claim within one year in order to sue.
A qualified personal injury attorney can help guide you through this difficult time and alleviate some of the stress.
Contact Us Today
For a confidential, compassionate, in-depth, free, and, most importantly, thorough consultation with a Rockford Personal Injury Lawyer about a DUI-related auto accident injury case in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Byron, Machesney Park, Roscoe, Rockton, or elsewhere in the State of Illinois, call or text message us at (815) 391-0089, or e-mail us 24/7/365. We offer in-office consultations, and routinely make visits to clients’ homes, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible.