Reviewing Laws with Drunk Driving Accident Lawyers in Rockford

by | Feb 6, 2018 | Attorney

In Illinois, auto accident victims have two years to file a claim against a drunk driver. The statute of limitations prevents any legal claims beyond the deadline, which is why it is recommended that accident victims start their claim as early as possible. Drunk driving accident lawyers in Rockford explain applicable laws pertaining to their victim’s case.

What Are the Penalties When Drunk Drivers Cause Accidents?

Drunk drivers who cause accidents face serious penalties. The driver faces a maximum prison sentence of twenty-eight years and a maximum fine of $25,000. The state has the authority to revoke their driver’s license indefinitely. The state requires the driver to complete drug and/or alcohol rehabilitation programs. An ignition interlocking device is installed in their vehicle.

Are the Penalties Limited to the DUI Only?

No. The state has the authority to increase the infraction to vehicular homicide if the victim dies. The driver’s blood-alcohol content reading defines if it was voluntary or involuntary. Manslaughter is another criminal infraction used in the cases.

Does the State Limit Accident Claims?

No. Illinois is a fault state and allows the victim to file lawsuits at any time. The victim files the claim requesting compensation for medical expenses and property damage. More extensive injuries require ongoing funds to pay for treatment. The victim has the right to request lost wages and/or future wages. The victim’s prognosis defines whether or not they are able to work in the future.

How Does Comparative Fault Work in the Cases?

A victim who was guilty of driving under the influece at the time of the accident introduces comparative fault. Even if they didn’t cause the accident themselves, the criminal infraction introduces fault. The court reduces their monetary award based on the percentage applied for the DUI.

In Illinois, auto accidents involving a drunk driver lead to extensive penalties. The driver faces a criminal case for the infraction and a civil case filed by the victim. The state imposes penalties for the DUI and the accident separately. If the victim dies, the driver faces homicide or manslaughter charges. To contact drunk driving accident lawyers in Rockford and for more information now, victims can visit.

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