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Auto Accident Negligence: DUI

Published on April 14th, 2013

If you have been the victim of an auto accident caused by a drunk driver, you know firsthand how frustrating and painful the recovery process can be. As with any instance of negligent driving, you are entitled to seek damages from the wrongdoer. The personal injury lawyers at the Shea Law Group are dedicated to ensuring that you get the medical care you need and the compensation you deserve. Here is what you need to know about your legal rights:

What is a DUI?

When it comes to driving under the influence, or DUI, Illinois law is clear: any blood alcohol content (BAC) above .08 is a violation. Although a DUI is a criminal charge, a victim of property damage or personal injury is entitled to pursue a civil case against a drunk driver to recover damages.

Can I File a Personal Injury Claim Before the Driver’s Criminal Case Is Resolved?

Yes, you are legally entitled to file a suit before the criminal proceedings against a driver charged with a DUI have concluded. Since you have a limited amount of time to pursue a lawsuit, your best bet is to contact an attorney immediately to initiate the legal process.

How Long Do I Have to Pursue Legal Action?

Most states mandate that a legal claim of personal injury resulting from any auto accident, including those caused by a drunk driver, be brought within one year of the accident.

What If I Was Partly At Fault?

Even if you are found to be legally partly at fault for an accident, a drunk driver’s negligence is comparatively greater. According to the rule of comparative negligence, if you are awarded damages, that monetary amount will be reduced by your degree of fault.

For example, if you are found to be 10 percent responsible, any compensation will be reduced by 10 percent.

At the Shea Law Group, our lawyers don’t get paid until or unless you do. If you have been injured in an auto accident and live in Elgin, Cicero, Pilsen, or Berywn, call (888) 529-4185 today. With more than 60 years of experience defending victims’ rights, our personal injury attorneys know the law in Chicago.

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