Alcohol affects cognition, perception, reaction time, and motor skills. When someone chooses to drink and drive, they are putting themselves and everyone else on the road in danger. If you or a loved one have been injured by a drunk driver, you may be wondering what legal options are available to you.
In many cases, filing a personal injury claim is the best way to hold a drunk driver responsible for a crash and recover financial compensation. The driver may face criminal charges for driving under the influence (DUI); however, criminal charges do not provide restitution for the victim’s damages. A personal injury claim, on the other hand, may help an accident victim recover damages such as medical expenses, lost wages, and pain and suffering.
Per Se Drunk Driving Laws in Illinois
In a typical car accident injury claim, the plaintiff must prove that the defendant acted negligently by driving in an unsafe manner. In a drunk driving accident claim, the plaintiff may be able to take advantage of Illinois’s per se drunk driving laws. Under these laws, it is automatically assumed that a driver who has a blood alcohol content (BAC) above the legal limit of .08 percent is intoxicated and, therefore, negligent "per se."
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