An alleged drunk driver is facing a personal injury claim in an Illinois civil court. The plaintiff also named two establishments where alcohol is served and sold as defendants, claiming they violated the Dramshop Act. Under this Act, commercial concerns can be held liable for damages or injuries that were caused by their patrons. The woman who filed the complaint claims to have been injured in a drunk driving accident last year when she was traveling as a passenger in a vehicle driven by an intoxicated driver.
The plaintiff claims to have had to undergo surgical procedures after suffering facial and jaw injuries when the drunk driver lost control of the vehicle. After leaving the roadway, the car hit a road sign and rolled over several times. She claims that the driver failed to maintain control of the car, keep to his lane and avoid the accident. She alleges that his level of intoxication prevented him from exercising reasonable care.
Both taverns are accused of negligence in serving the driver excessive amount of alcohol prior to the accident. The dramshop law in Illinois does not require the person serving the alcohol to have been aware of a patron’s state of intoxication in order to be held responsible. Liability needs the vendor to have supplied alcohol to the person who caused an accident or injuries. Such a claim will also have to show that the establishment caused the intoxication and that a third-party’s injuries resulted from intoxication as a primary cause.
If these requirements can be met, several taverns can be sued by one victim if the intoxicated driver was served alcohol at various establishments before causing an accident with injuries. An Illinois resident who has suffered injuries in a drunk driving accident may benefit from the assistance of an experienced attorney who will have a thorough knowledge of applicable laws. Victims of such accidents will be advised of the available options to pursue in order to recover losses sustained.
Source: madisonrecord.com, “Crash victim sues two bars and driver for injuries“, March 25, 2015