Each year, hundreds of car crashes in Illinois involve drivers who have been drinking. Drunk driving is a serious problem that puts everyone on the road at risk. To help reduce these incidents, the state has a law called the Dram Shop Act.
This law allows people hurt by a drunk driver to hold the store, restaurant, or pub that served the driver alcohol responsible for the crash. Knowing how this law works can help you get the most money possible for your injuries. If you were injured by an intoxicated driver, contact the Illinois drunk driving lawyers at Fabbrini Law Group today.
What Are Dram Shops?
Dram shops are establishments that are licensed to serve and/or sell alcohol for profit, like a club, restaurant, or pub. Dram shop laws make these businesses responsible if someone they serve becomes drunk and then hurts another person. These rules can apply not only to car accidents but also to assaults, crimes, and other injuries caused by an intoxicated person.
What Is the Dram Shop Rule in Illinois?
To help reduce drunk driving crashes, Illinois created a law called the Liquor Control Act of 1934, also known as the Dram Shop Act. This law allows you to hold both the drunk driver and the business that served them alcohol responsible for the accident.
This law is meant to hold alcohol-selling businesses accountable when they contribute to drunk driving accidents. It also gives victims another way to get compensation, since the drunk driver might not have enough insurance or money to cover the harm they caused.
Can Social Hosts Be Held Liable in Illinois?
In many states, dram shop laws also apply to people who host private parties where alcohol is served. These people are called social hosts. But Illinois does not have a general social host liability law. In most cases, someone hosting a party in Illinois cannot be held responsible if a guest gets drunk and causes an accident.
There is one major exception. If someone who is 21 or older rents a place, like a motel or hotel room, and knows it will be used for underage drinking, that person can be held legally responsible for any injuries caused by a minor who gets drunk there.
Can a Dram Shop Be Liable for an Illinois Drunk Driving Accident?
To file a dram shop claim in Illinois, an injured person must have proof of certain required facts. But unlike most states, Illinois does not base liability on whether the pub or business served alcohol to someone underage or already obviously drunk.
In most other states, the business must have served someone underage or clearly drunk to be held liable. But in Illinois, any sale of alcohol that leads to someone becoming intoxicated can be enough for a dram shop claim if that person later hurts someone. Also, the owner or leaseholder of the property where the alcohol is sold can be held responsible along with the business.
How Can I Prove an Illinois Dram Shop Case?
In an Illinois injury case, the plaintiff has to prove what happened. If you file a dram shop claim after an alcohol-related crash, you must show enough evidence to make your claim more likely true than not, at least a 51% chance.
The four elements that you need to prove are:
- The business you are suing sold or gave alcohol to the drunk driver who caused your crash.
- That driver became intoxicated because of the alcohol the business provided.
- The driver’s intoxication directly caused your accident or injuries.
- You suffered real harm or losses because of the drunk driving crash.
You can prove a dram shop claim with evidence like eyewitness statements, security camera footage from the pub or restaurant, receipts or credit card records showing the alcohol purchase, photos from the crash, police reports, blood alcohol test results, expert opinions, and documents showing your injuries and financial losses.
Statute of Limitations for Illinois Dram Shop Claims
All injury claims in Illinois have deadlines, and dram shop cases must follow those same rules. If you miss your deadline, you will almost certainly lose your right to seek money from the pub, restaurant, or property owner responsible for the drunk driving crash.
Most injury cases in Illinois have a two-year deadline, but dram shop cases have a much shorter one-year deadline. If you wait too long and miss that one-year window, the defendant will almost certainly argue that your claim should be thrown out for being late.
How an Illinois Drunk Driving Attorney Can Help Your Case
If your life has been disrupted by a drunk driver, you don’t have to go through the legal process on your own. You deserve answers, support, and an Illinois drunk driving attorney who will fight for the compensation to which you are entitled.Call Fabbrini Law Group at (312) 494-3131 or reach out online for a legal consultation. Let us explain your options and help you take the next steps.