Drunk Driving Car Accidents in Orland Park

Car accidents caused by alcohol consumption can often lead to harsh consequences. For instance, an alcohol-related collision can pose an increased chance of fatalities.

When you are injured in a drunk driving car accident in Orland Park, you should speak with a seasoned auto crash attorney as soon as possible. An injured party can pursue compensation for injuries and other losses suffered due to an intoxicated driver.

Understanding the Legalities of Drunk Driving

Police have broad discretion to perform a field sobriety test if they have any reason to suspect that drunk driving caused a car accident in Orland Park. The state imposes strict laws that make driving under the influence of alcohol illegal.  625 Ill. Comp. Stat. § 5/11-501 prohibits driving or being in physical control of any vehicle while under the influence of any amount of alcohol.

While the statute broadly prohibits drivers from consuming any amount of alcohol, the rule also prohibits explicitly driving with a blood alcohol of 0.08% or higher. In addition, the rule bans driving under the influence of any combination of alcohol or drugs.

Proof of Alcohol Consumption Can Prove Negligence

When drunk driving leads to a car crash in Orland Park, injured parties can pursue a personal injury lawsuit.

Drivers generally have a duty of care to take reasonable precautions when operating a vehicle. A court can find them guilty of negligence if they breach this duty. Evidence that a driver was under the influence of alcohol can help prove this in a personal injury lawsuit.

The evidence required to prove drunk driving will vary from case to case. Police reports, medical reports, eyewitness statements, or video or photo evidence are a few examples of evidence that can prove a driver was drunk in a negligence lawsuit.

The breach of care must also have directly led to the injuries or harm suffered by the plaintiff. Additionally, the plaintiff must suffer damages from the harm, such as:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Permanent disfigurement

A dedicated personal injury attorney could help their client prove the existence of damages and pursue fair compensation.

When Drunk Driving Accidents Lead to Fatalities

If a drunk driving collision in Orland Park leads to death, the surviving family can pursue a wrongful death claim. 740 Ill. Comp. Stat. § 180/1 states that surviving family members of a deceased person can pursue a wrongful death claim when the following are true:

  • The person died due to a wrongful act, neglect, or default and
  • The person would have had a valid personal injury claim had they survived

It is important to note that the deceased individual’s estate must initiate the wrongful death lawsuit. Any damages recovered are distributed among the deceased’s spouse and next of kin.

Get in Touch With an Orland Park Attorney About Drunk Driving Car Accident Cases Today

Drunk driving car accidents in Orland Park can lead to catastrophic injuries that can permanently impact an individual’s quality of life. When you have been in this type of incident, you should speak to a lawyer as soon as possible about the facts of your case.

A highly skilled and well-versed attorney could help you navigate the state’s complex legal system to recover compensation. Call MJB Law Offices today for more information.

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