When a driver chooses to drive after drinking, you may be left with serious injuries that require ongoing care. If you were hurt in drunk driving car accidents in Elgin, an experienced car crash attorney can review what happened and determine which insurance may apply, giving you a clearer understanding of your options for seeking compensation.
As a small practice, O’Connor Cadiz Accident and Injury Law is selective about the cases we accept so we can give each client personal attention. We take the time to understand your medical care and how your injuries have affected your work and daily life.
Did Alcohol Play a Role in the Crash?
Illinois law prohibits driving under the influence of alcohol or certain drugs. Under 625 Illinois Compiled Statutes 5/11-501, a person is prohibited from driving with a blood alcohol concentration of 0.08 or more. When an impaired driver causes a collision in Elgin, evidence related to alcohol use may help establish what happened and who was responsible.
A DUI charge addresses the driver’s alleged violation of criminal law, while your personal injury civil claim addresses the harm caused by the crash. The judge for the DUI is not able to help you with any civil personal injury claim that you may have. Also, a guilty finding on a DUI does not mean an automatic recovery for you, but of course it helps. Guilt or fault for causing an accident is only one part of it. Your claim still depends on evidence of your injuries and the treatment you received. Medical records and other evidence from the collision remain important even if the other driver was charged with DUI.
An insurance company may also dispute how the collision happened or argue that you share some responsibility. Under 735 ILCS 5/2-1116, you generally cannot recover damages if you are found more than 50 percent at fault. When you are found 50 percent or less responsible, the amount you recover is reduced to reflect your share of the fault. For example, if you did something wrong, too, and are found to be 20 percent at fault, whatever amount you might otherwise be awarded will be reduced by 20 percent. But if you are 51 percent at fault, you would get nothing. This is known as contributory negligence or comparative fault.
Your Medical Care Tells an Important Part of the Story
After a serious collision, treatment may not end when you leave the emergency room. If your injury is also serious, there is usually more to come in terms of medical care. A documented concussion can require follow-up care. A broken bone may keep you from working, and other injuries may lead to a recommendation for surgery. Following your doctor’s treatment plan gives your providers the chance to monitor your recovery and creates a record of what you have been through.
Those records become especially important after an alcohol-related car accident in Elgin. Medical bills may continue to grow while missed work reduces your income. Depending on your injuries and the evidence, a claim may also account for pain and suffering, disability, loss of a normal life and other losses tied to the collision.
We also look closely at insurance coverage. If the driver who caused your injuries does not have enough insurance to cover your losses, your own underinsured driver coverage may provide another source of recovery. Understanding the available coverage early can help us make informed decisions about how to pursue your claim.
Taking Early Steps to Protect Your Injury Claim
You do not need to have every answer immediately after an Elgin collision caused by a drunk driver. Your medical care should remain a priority. At the same time, it can be useful to identify the available insurance and preserve evidence while the information is still accessible.
A time limit also applies if you decide to file a lawsuit. Under 735 ILCS 5/13-202, an action for personal injury generally must be filed within two years after the claim accrues, although the deadline can differ in certain circumstances. We consider the applicable deadline from the start. If filing a lawsuit becomes necessary to pursue the case, we are willing to take that step rather than limiting the claim to insurance negotiations.
Speak With an Elgin Drunk Driving Car Accident Lawyer Now
Clear information can help you decide what to do next. If you were injured in a drunk driving car accident in Elgin, your medical treatment, missed work, and available insurance can shape your claim and the compensation you may pursue.
Your case deserves careful, personal attention. With O’Connor Cadiz Accident and Injury Law, we are selective about the cases we accept so we can focus on where we can add value. Tell us what happened, and we can discuss whether your case is one we can take on.
