Is a Drunk Driver Always Responsible for a Crash?

Posted on in Car Accidents

orland park car accident lawyerPractically speaking, when a drunk driver is involved in a car accident, they are almost always at fault. It is rare - but not impossible - for a drunk driver to get into a crash they did not cause. In Illinois, drunk drivers are presumed to be negligent under a legal principle known as “negligence per se.” If you were hurt in a car accident involving a drunk driver, it is best to talk to an attorney sooner rather than later, and always before you give a statement to an insurance company. Even if it is abundantly clear that the drunk driver was at fault, a lawyer can represent you during settlement negotiations and ensure your rights are protected. 

What is Negligence Per Se? 

Negligence per se is a legal principle used to prove that a person was acting negligently simply by breaking a law that was put in place for safety reasons. The injured victim must also demonstrate that they were hurt because the negligent person broke that law. In drunk driving cases, this tends to be a straightforward analysis. Laws against drunk driving were put in place because drunk drivers risk hurting other people by crashing into them. A person who drives drunk is breaking the law. If a drunk driver injured you, you were hurt because the drunk driver broke that law, and you likely would not have been hurt if the other driver were sober or took a cab instead of driving. 

Usually, this is enough to show that the drunk driver is at fault. If the at-fault driver is convicted of driving under the influence, this will likely help your case. Consequently, calling the police is particularly important when you suspect that the other driver is impaired. A police report is a valuable piece of evidence in any insurance claim or personal injury claim. 

Call an Illinois Car Accident Lawyer

If you were injured by a drunk driver, you should call an attorney as soon as possible. After the wreck, some types of evidence at the scene can be lost quickly. You will want an Orland Park car accident attorney to begin their own investigation promptly. James A. Payonk Jr., Attorney at Law is experienced in recovering compensation for people hurt in a car accident caused by a drunk driver. You may be entitled to compensation for your vehicle repair costs and other property damage, medical bills, lost income, and other damages. Call 708-966-2408 for a free consultation. 

 

Source:

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf



James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

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708-966-2408