What Is Dram Shop Liability in Drunk Driving Crash Claims?

 Posted on August 07, 2024 in Car Accident

It is illegal to drive a car when under the influence of alcohol because its effects can cause multiple impairments that make safe driving impossible. When a drunk driver causes a car accident, injured victims may qualify to obtain compensation from the drunk driver. The Illinois Dram Shop Act is a liquor liability law that may allow you to seek compensation from others who may also be responsible.

You must prove liability to receive payment from the driver or other responsible parties. When you work with a personal injury lawyer from Newland & Newland, LLP, we will investigate your accident to determine all guilty parties and help you fight for maximum compensation.

What Are Liquor Liability Laws?

Before states enacted dram shop and social host liability laws, injured accident victims could hold only an intoxicated person accountable for any injuries that person caused. The introduction of liquor liability laws expanded the pool of potentially at-fault parties to include the people or establishments that sell or serve alcoholic beverages.

Every state has its own laws. In many states that have dram shop laws, sellers or servers can only be held liable if the customer is underage or visibly intoxicated. Illinois laws do not have those restrictions, meaning that you may be able to obtain damages from a bar, restaurant, nightclub, liquor store, or other vendors selling alcohol to someone who injures you. Your injury does not have to result from a car accident; if an intoxicated person injures you in any way, you may have grounds to receive compensation.

To establish liability, you need evidence showing that:

• The person causing your injury bought alcohol from the vendor.

• That alcohol caused the person to become intoxicated, or it increased existing intoxication.

• Your injuries are a direct result of the intoxication.

Under this law, the potentially guilty parties include the vendor’s owner, the employee(s) selling the alcohol, and the property owner.  

Social host liability is another form of third-party responsibility, but in Illinois it is not as expansive as in other states. This statute may apply if:

• Someone 21 or older knowingly rents or provides a space for underage drinking

• That alcohol consumption leads to your injury

Laws and their loopholes are sometimes difficult to understand. An investigation is often necessary to gather supporting evidence in dram shop and social host liability cases. If you believe your case qualifies, request a free consultation with our experienced personal injury law firm.

What Damages Are Available in Drunk Driving Accidents?

Every accident is unique, and the compensation you might receive depends on case-specific factors. Many victims of drunk driving accidents qualify to obtain compensation for both economic and non-economic damages, such as:

• Medical expenses

• Lost wages

• Ongoing care

• Property damage

• Pain and suffering

• Loss of enjoyment of life

• Physical disfigurement or impairment

Liable insurance companies do not like paying injured victims and may offer you less than your case is worth. The legal team from Newland & Newland, LLP will not let insurers take advantage of you.

Schedule Your Free Consultation With Our Arlington Heights, IL Personal Injury Lawyers

A dram shop liability lawyer can help you increase your settlement after a drunk driving accident. At Newland & Newland, LLP, we value our clients and will fight to protect your best interests. If you need a competent Schaumburg, IL personal injury attorney, let us put our many decades of experience and long track record of winning cases to work for you. Call us now at 847-797-8000 to request your free consultation. We also offer video consultations.