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Jonathan Rosenfeld

March 2, 2023

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Serious vehicle accidents caused by negligent drivers are everyday occurrences that leave victims with severe injury or death. These unfortunate incidents are damaging enough without realizing the motorist who hit you was driving drunk, and the crash could have been easily avoided if the driver had been acting responsibly.

Our legal team has assembled a comprehensive list of the most common frequently asked questions about drunk driving accidents (drunk driving accident faq) and posted the answers below. Our law firm serves as an aggressive legal advocate for victims who want justice and the financial compensation they deserve for their DUI damages and injuries from the driver.

A skilled drunk driving accident lawyer may help the injured or family pursue compensation against the criminal drivers that caused the car accidents so call or contact us today!

Drunk Driving Accident FAQ

What Causes Drunk Driving Accidents?

Motorists with a high blood alcohol concentration lose their ability to control their vehicle and react to events on the road.

This can lead to a catastrophic drunk driving accident and serious personal injury. Normally, the kinds of accident cases caused by a drunk driver include rear ends, head-on collisions, sideswiped, the wrong way, and other incidents.

Drunk driving victims pay the price and those who cause these crashes should be held responsible. Talk to an accident lawyer and leave your contact information if you seek to receive compensation in a civil case. An experienced attorney can explain your legal rights and how we can help clients in a call and their loved ones that were seriously injured in a DUI accident.

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How Many Accidents Are Caused by Drunk Driving in 2019?

In 2019, DUI (driving under the influence) accidents took the lives of thousands of people. Dozens of people die every day in drunk driving accidents. The intoxicated driver also inflicts a tremendous amount of personal injury, medical bills, and pain and suffering.

Talk to our personal injury attorneys in a free consultation about how you can file a claim after a drunk driving accident or related car accident. Every DUI injury lawyer from our law firm is skilled in wrongful death, dram shop, punitive damages, injury law, and an intoxicated or alcohol injury case. We may be able to help you today.

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What Should I Do After a Drunk Driving Accident?

No matter how severe your injuries are, even if you believe you were only mildly injured, you should still seek immediate medical attention to protect your rights to receive compensation.

If assistance from a companion is available, have them collect as much information as possible to secure evidence from the crash scene after a DUI crash.

Have your friend use a smartphone or camera to take photographs of vehicle damage, the accident scene, debris in the roadway, the driver at fault, and road/weather conditions. Documenting conditions and the outcome of the accident immediately after occurred can help prove a compensation claim in court before the evidence is lost.

Yes. It is crucial not to discuss the accident, your claim for compensation, or the evidence you need to prove your case in court with anyone other than a personal injury attorney. Any details you provide to the drunk driver’s insurance company could be used as a tool against you to minimize your compensation.

They could twist what you say to prove that the accident was your fault. Their investigators and claims adjuster might attempt to interview your friends to hear how you are talking about what happened in the crash. Call us if you have more questions about what to do.

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What Happens if You Kill or Injure Someone in a Drunk Driving Accident?

If you are legally responsible for a drunk driving accident, you can be criminally convicted and sent to jail. The family may also sue the drunk drivers or drivers who caused the accident or file a claim with their personal injury attorneys against the insurance companies for their medical expenses, serious injuries, lost wages, and possibly even punitive damages.

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What is the Law in Illinois for Those Who Drive Under the Influence of Alcohol?

Illinois has passed several laws related to drunk driving including 625 ILCS 5/11-501 which states that “A person shall not drive or be in actual physical control of any vehicle within this State while the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2…”

State law stringently penalizes drunk drivers who cause a car accident while driving under the influence. Their victims are allowed to recover compensation for the damages that the drunk driver caused.

Contact our office and speak to an accident lawyer in a free consultation to learn more about how we could help injured victims hold the intoxicated person involved responsible through civil or criminal means!

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What Happens Legally to a Driver in a Drunk Driving Car Accident?

Normally, the drunk driver will be arrested because it is against the law to be driving while under the influence of alcohol and they should be issued a DUI.

If you like to know more about the process, call our law firm and leave your contact information to speak to an accident attorney. We can review your injuries and contact the opposing party to see what relief you are able to pursue under the law.

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Can I Sue if the Drunk Driver Consumed Too Much?

Yes, in many instances, you will be able to sue the drunk driver who was driving under the influence during the car accident.

To decide if you have a claim for damages against an intoxicated driver, answer the following questions:

  • Was someone driving a vehicle in an intoxicated state?
  • Did that person injure you?
  • Were you or anyone else responsible for the incident?

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Can I Sue if My Loved One Died from a Drunk Driver’s Irresponsible Actions?

While filing a wrongful death lawsuit can be challenging if it involves a drunk driver’s irresponsible actions, there might be a possibility of receiving compensation.

The personal injury attorneys at Rosenfeld Injury Lawyers LLC have successfully resolved many unlawful death claims for family members who lost a loved one from someone else’s negligent drunk driving.

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How Can I Hold the Nightclub or Bar Partially Responsible for My Injuries?

If the motorist who caused your accident was driving drunk, your attorney might file claims against additional defendants including bars and restaurants under Illinois dram shop laws. The Illinois Dram Shop Act (235 ILCS 5/6-21) was enacted to create a:

“cause of action against owners of businesses that sell liquor, and against the lessors and owners of the premises on which the liquor is sold, for physical injury to a person, for injury to tangible property, or for injury to means of support or loss of society, but not both, caused by an intoxicated person.”

The Illinois law governs the liability of restaurants, liquor stores, taverns, bars, and other establishments in business to serve liquor and other alcoholic beverages. The Illinois Assembly established laws involving liquor-serving establishment liability that applies to drunk driving accident cases. The establishment can be held legally liable if they sold alcohol to a visibly intoxicated individual or minor who subsequently caused an accident that led to injuries or death.

The Liquor Control Act law requires the victim, or their attorney, to prove specific elements in the case to successfully resolve their claim. These elements include:

    • The business establishment sold one or more alcoholic beverages to the patron;
    • The patron drinking alcohol, in fact, caused the victim’s damages or injuries;
    • The alcohol-serving establishment was the proximate cause of the drunk driver’s intoxication;
  • Intoxication is identified as one or more of the major causes of the victim’s injuries.

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How Much Money Can I Get After a Drunk Driving Accident?

The median award or settlement for drunk driving car accident victims in Illinois is between $50,000 and $100,000 but the average is much more than that and plaintiffs frequently receive over $1,000,000.

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How to Settle with Insurance after a Drunk Driving Accident to Get Paid for My Medical Bills and Other Expenses?

Typically, your personal injury attorney will assist you to ensure you receive adequate compensation through policies that cover the drunk driver and others involved in the accident.

Before the case is resolved through a negotiated settlement or a jury trial award, your attorney will ensure your insurance policy provides compensation to maintain your health and repair your property damage through two separate coverages including:

  • Liability Coverage – This insurance coverage will pay for all your medical expenses, the cost of hospitalization, out-of-pocket expenses, lost wages, loss of future earnings, temporary or permanent disability, and non-tangible damages including pain, suffering, and emotional trauma.
  • Collision – Insurance policies can contain collision coverage to pay for any damage to your vehicle (not including hospital bills).

If the drunk driver did not have car insurance, your attorney could assist you in filing a claim on your own policy through your underinsured/uninsured motorist coverage.

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How Long Do I Have to File a Drunk Driving Lawsuit in Illinois?

Generally, all lawsuits for personal injuries related to drunk driving accidents in Illinois need to be filed two years from the date of the incident. 735 ILCS 5/13-202 (2010).

However, that time period does not start until you know or should have known about the existence of the cause of action in the first place. Del Bianco v. American Motorists Ins. Co., 73 Ill. App. 3d 743, 747 (Ill. App Ct. 1979). All lawsuits for property damage related to drunk driving accidents in Illinois need to be filed five years from the date of the incident. 735 ILCS 5/13-205(2010).

Have Additional Drunk Driving Accident FAQ?

Call our attorneys if you have more drunk driving accident faq or if you were hit or if a driver you may know was in the Illinois area.

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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