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Can I sue a bar if injured by a drunk driver?
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I was hit by a drunk driver. That person was served at a bar after he or she was obviously intoxicated. Can I sue the bar?
Yes, if a drunk driver injured you, you may have a personal injury case against the bar or restaurant that served that person alcohol.
Under the Illinois Dram Shop Act, also known as the Illinois Liquor Control Act, bars and restaurants can be on the hook for an accident victim’s damages related to a customer they overserved. To succeed in this type of case, you must prove:
1. The bar or restaurant sold alcohol to the drunk driver;
2. You sustained damages;
3. The drunk driver’s intoxication was proximately caused by the sale of alcohol;
4. The drunk driver’s intoxication was a cause of the plaintiff’s damages.
The law in Illinois is somewhat different from dram shop laws in other states in that there is no requirement that the bar has knowledge or reason to know that the person was already intoxicated.
Dram shop liability in Illinois is the strictest concerning minors. Since it is illegal to serve alcohol to minors under any circumstances, bars that serve them can be held liable for injuries that intoxicated minors cause to others or themselves, almost without exception.
Dram shop liability has important statutory limitations, including strict time requirements. There is also a cap on the amount of damages you can recover from a bar or restaurant. As of January 2021, the damages cap in a Dram Shop case was $88,820.41 for those who lost a means of support or society and $72,671.24 for anyone who was injured or killed.
Additional Personal Injury Articles
- Can I get compensated if I was partly at fault for my car accident?
- Can I sue a bar if injured by a drunk driver?
- Common Types of Car Accident Lawsuits
- Five Things You Need to Know About Drowsy Driving
- How Do I Know If I Have an Auto Accident Lawsuit?
- How Much Time Do I Have to File a Motor Vehicle Accident Claim?
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