What if the
"at fault" driver was intoxicated at the time of the accident?
Illinois law
provides a remedy against owners of businesses that sell liquor which
causes intoxication. The Dram Shop Act provides that every person who is
injured by any intoxicated person as a result of his intoxication has a
claim against any person who sells or gives alcoholic liquor thereby
causing the intoxication of the intoxicated person. Liability extends to
lessors or owners of the business selling liquor but does not extend to
private persons providing alcohol.
In order to
succeed in a Dram Shop action against an allegedly intoxicated driver, the
plaintiff must prove the following:
-
The
defendant was intoxicated at the time of the collision;
-
The
defendant, his agents or employees sold or gave intoxicating liquor
consumed by the intoxicated person;
-
The liquor
caused the intoxication of the intoxicated person;
-
The
defendant's intoxication was at least one cause of the occurrence in
question;
-
As a result
of the occurrence, the plaintiff suffered injury or damage to his
property.
A person is
"intoxicated" when as a result of drinking alcoholic liquor there is an
impairment of his mental or physical faculties so as to diminish his
ability to think and act. "Alcoholic liquor" includes any liquid or solid
containing alcohol such as wine, beer, brandy, rum, whiskey or gin.
"Alcoholic liquor" does not mean or include any solid or liquid which
contains 1/2 of 1% or less of alcohol, by volume.
Several
defenses are available to a defendant in a case brought under the Dram
Shop Act. If a jury finds that a plaintiff did any of the following then
the plaintiff cannot recover damages under the Dram Shop Act:
-
Willingly
caused the intoxication of the intoxicated defendant;
-
willingly
encouraged the drinking which caused the intoxication of the intoxicated
defendant;
-
voluntarily
participated to a material and substantial extent in the drinking which
lead to the intoxication of the intoxicated defendant;
-
actively
contributed to or procured the intoxication of the intoxicated
defendant;
-
provoked the
conduct of the intoxicated defendant which caused the injury.
Although the
Dram Shop Act provides a cause of action against liquor licensees who
distribute alcohol, the amount of damages which can be collected are
limited by statute. The Illinois legislature established that recovery for
injury to person or property cannot exceed $45,000. A limit of $55,000 for
either loss of support or loss of society resulting from death or injury
was also provided. On January 20 of each year, the liability limits are
automatically increased or decreased by a percentage equal to the
percentage change and the consumer price index during the preceding 12
month calendar year. The limits of recovery under the Dram Shop Act
therefore vary from year to year.
The statute of
limitations for the filing of a Dram Shop action in the State of Illinois
is one year from the date of the accident.
In addition to
an action under the Dram Shop Act, an injured person also has the right to
pursue a claim against the driver for his negligence. Illinois does not
cap the damages that may be recovered in that regard.
If you or a
loved one has been injured in an auto accident caused by an intoxicated
driver, call 800-437-2571 anytime for
a free, no obligation Consult with an experienced personal
injury attorney or use our convenient Free
Case Evaluation submission form.
