By Dan Noll on March 26th, 2024 in DUI Law
Taylorville Car Accident Lawyers Explain Your Legal Options After Being Hit by a Drunk Driver in Illinois
Drunk driving is a serious problem in the United States. Despite being entirely avoidable, drunk driving car accidents continue to happen at alarming rates. According to the National Highway Traffic Safety Administration (NHTSA), an average of 37 people die each day due to drunk driving in the United States – accounting for almost 13,400 deaths each year. Although there has been an increase in affordable transportation with the expansion of ridesharing services like Lyft or Uber, statistics reveal that drunk driving deaths continue to increase too, and are up 31% since 2019. Unfortunately, our Taylorville car accident lawyers know that Christian County has one of the highest rates of DUI charges in Illinois, according to the State Police and crime statistics. Sadly, estimates demonstrate that almost half of all fatal car accidents in Illinois involve alcohol – not even including other intoxicants that push this figure well over the halfway mark. Even though the scourge of drunk driving has continued to unprecedented levels, many victims and their families are still unsure of their legal options after being hit by a drunk driver in Illinois.
That’s because it can be traumatic and outright devastating, causing significant disruptions for a victim and his or her family. This is particularly true if a victim has been catastrophically injured, or if a loved one was wrongfully killed. Although liability is often clear in a drunk driving accident, oftentimes insurance adjusters and defense lawyers will not play fair. Indeed, they will try to fight over comparative fault and your injuries, even trying to blame you for the drunk driver’s accident that harmed you – yes, blaming you for their drunk driving accident.
Thus, victims and their families still need to hire an experienced Taylorville car accident lawyer like one of those at the Noll Law Office. To learn more about how they can help you and your family, contact them today to schedule a FREE consultation by dialing (217) 414-8889.
Legal Options After a Drunk Driving Accident in Illinois
After you or a loved one were seriously injured in a motor vehicle accident involving a drunk driver, you have certain legal options. These legal options may allow you to recover compensation for medical bills, lost wages, conscious pain and suffering, property damage, and other harm caused by the negligence of a defendant. Which legal option applies in your case depends on several factors, including how the defendant is, what your damages are, and what other factors may come into play in evaluating your case. Furthermore, another unfortunate truth is that your legal options also depend somewhat on the insurance company, defense law firm, and the individual adjuster or defense lawyer that is handling your claim.
Generally, your legal options are to settle pre-commencement, commence an action, settle post-commencement, or get a judgment. These options exist in all types of personal injury cases, but vary as to how they will be applied. Some general factors that dictate what legal option is available to a victim includes the following:
- What is the insurance policy? – how much is available; usually a low policy for high injuries means that a case will settle quickly for the policy limits, whereas a high policy with high injuries will often not settle as quickly
- Who is the defendant? – defendants are represented by their insurance companies who have a duty to defend and a duty to indemnify their insureds.
- When that defendant is a regular person, there is a little more control over that desire to settle or go forward. Even though the insurance company still retains control of that decision, exposing an insured to an excessive judgment is very risky as it can implement bad faith claims against an insurance company – including punitive or triple damages. Thus, cases against individuals can settle faster.
- When that defendant is a business or an employee, oftentimes the policies are much higher and the company – not the individual employee – is who maintains control over the direction of the litigation, along with the insurance company. As a result, since the policy is much higher and a business has more assets to protect against an excessive judgment, businesses typically fight a little harder than individuals.
- When that defendant is a municipality/state/federal entity or an employee, usually the policies are even higher or there are certain protections against these types of entities and being hit with a punitive judgment. Sometimes there are also self-insurance policies, whereas other times the law firm, county attorney, or even the Attorney General’s Office representing the entity will have set rules on how to proceed. Sometimes this includes even going to trial if the demanded compensation is over a certain threshold.
- What are the injuries? – Injuries that are obvious and well-documented, such as broken bones, typically settle faster than injuries that are catastrophic and harder to document, like back pain or even traumatic brain injuries. Additionally, if there are prior injuries or preexisting injuries, this can make it harder to settle a case before a trial – but still not impossible.
- Are there significant lost wage claims? – Defendants often resist paying lost wage claims, especially if they are for lost future earnings, and will make a victim have to prove this through an expert. Fortunately, experts can issue reports and sign affidavits that demonstrate a victim’s losses and damages pre-commencement or at least prior to trial.
- Is there comparative fault? – Even though a drunk driver may clearly be at fault, that doesn’t mean that a victim is free of all fault. Indeed, there may be multiple proximate causes of an accident. Issues such as potentially speeding or who had the right-of-way, may result in the case not being settled and go to litigation.
Legal Option 1: Settle Pre-Commencement
Usually considered the best option, settling prior to commencing a lawsuit allows victims and their families to recover compensation quickly to pay for their losses. It also avoids higher legal bills and litigation costs, which will be reasonably subtracted from a recovery. Thus, victims are usually best served with this type of outcome.
Truthfully, this outcome is also best for most defendants too. Because it also avoids them having to pay for legal bills and costs – especially when they are clearly at fault for a drunk driving accident. However, not all defendants think this way, and some insurance companies or defense lawyers will rather fight it out as opposed to just fairly settle. This is particularly true when the defendant is a truck driver or municipal employee, as the insurance policies are often very high.
Legal Option 2: Commence an Action
If defendants and their adjusters or representatives do not fairly compensate victims, a Taylorville car accident lawyer may need to commence an action to seek a victim’s legal remedies. This is a formal step in recovering compensation, and can be commenced at any time a victim and his or her family feel that the defendant is not playing fair – as long as the statute of limitations period has not expired. Although there is a set time period, there are also special exceptions that may shrink that amount of time to just months (in the case of municipal defendants). Thus, after a drunk driving accident, always contact an experienced auto accident lawyer like one of those at the Noll Law Office right away.
Legal Option 3: Post-Commencement Settlement
Although a case does not settle before a lawsuit is filed, that does not mean it will go to trial. Indeed, many cases do settle after a lawsuit has been commenced. That may be due to the fact that defendants see the allegations or begin discovery, and realize they will not be successful in any defense. Sometimes it takes the formal filing of a lawsuit to trigger a claim to be elevated to the right attorney or adjuster who can see the proper outcome. Other times an assigned judge may aggressively try to resolve a case when certain factors are clearly in one party’s favor.
Legal Option 4: Getting a Judgment
If a case does not settle, a victim will have to seek a judgment. Although most people believe that a judgment can only be obtained at trial, that is not accurate. There are certain motions for accelerated judgment, such as a motion for a default judgment (for a defendant who refuses to participate in the litigation) or a motion for summary judgment. Indeed, a motion for summary judgment is very common in personal injury cases, usually made by the defendant. However, in a drunk driving accident in Illinois, many times a plaintiff may be able to move for summary judgment against a drunk driver.
Otherwise, a victim and his or her family will need to go to trial when a defendant is not playing fair and properly compensating a victim. This is rare, as upwards of 95% of all civil cases settle before trial, but it can happen. This option is always available to victims and their families who do not feel that the money offered to them is adequate or fair.
Hurt by a Drunk Driver? Call the Taylorville Car Accident Lawyers at the Noll Law Office to Learn about Your Legal Options After Being Hit by a Drunk Driver in Illinois
If a drunk driver caused serious personal injuries or wrongful death for you or a loved one, learn about your legal options after being hit by a drunk driver in Illinois. The experienced Taylorville car accident lawyers at the Noll Law Office can help you and your family understand your legal rights, assess your legal options, and begin to fight for the compensation that you may be entitled to under Illinois law. Contact them today to learn more about your rights.