Who Is Legally Liable After a Drunk Driving Crash in Illinois or Indiana?

One person dies every 42 minutes in this country from drunk driving, according to the National Highway Traffic Safety Administration (“NHTSA”). Drunk driving is infamous for causing fatal car accidents and semi-truck crashes. Still, many people choose to get behind the wheel after drinking alcohol despite the well-known risks and the severe criminal penalties for driving under the influence of alcohol.

Why is drinking so dangerous for a driver? Having been absorbed into the body through the digestive system, alcohol enters the blood stream, moves through the liver, and begins to interact with the central nervous system. It doesn’t take long. It doesn’t take much, either.

Even a blood alcohol concentration (“BAC”) of .01 is enough to cause a crash. Rise to .02 BAC and there is altered mood; some loss in judgment; and declining abilities in vision and in being able to do two things at the same time (like braking and steering).

It is illegal to drive with a BAC of .08% or higher in both Illinois and Indiana. Consider the BAC Table provided by the Illinois State Police (with the warning that everyone is impacted a bit differently):

1 oz 86 proof liquor, BAC will be less than .05%;
3 oz wine, BAC .05% to .079%, will be driving impaired; and
12 ounce beer, BAC .08% and higher, presumed to be illegally driving under the influence.

For details, read the discussions provided online by NHTSA and by the Indiana Criminal Justice Institute. Also see: Factors in Drunk Driving Fatal Car Crashes in Indiana and Illinois.

Who May Have Legal Liability After A Drunk Driving Accident?

Most of the time, for motor vehicle accidents, the law of the jurisdiction where it happened will control. So, someone living and working in Chicago; driving a car registered in Illinois; and with an Illinois Driver’s License who is in a drunk driving accident in Indianapolis after drinking in the Hoosier State may face the legal ramifications established by the State of Indiana.

In both Illinois and Indiana, laws have been passed not only to define what is considered illegally driving under the influence of alcohol, but who has a legal duty of safety and care in these matters. More than one party may have legal accountability in the aftermath of a drunk driving accident.

The laws of Illinois and Indiana in these matters are not the same. Legal analysis will need to be done for the individual accident to determine the scope of liability.

For instance, in Indiana there is the Dram Shop Act (IC 7.1‑5‑10‑15.5), which explains when someone can be held liable in a civil action for furnishing the alcoholic beverage, defining “furnish” to include “barter, deliver, sell, exchange, provide, or give away.” Compare this to Illinois’ Dram Shop Act (235 ILCS 5/6‑21), which imposes liability after alcohol is sold or served to the driver who is later involved in a drunk driving crash.

1. Drunk Driver

In both states, the crux of the case will involve the person who was driving with an enhanced blood alcohol concentration at the time of impact. This individual is the primary defendant in the case.

Accident reconstructionists will look for confirmation of the BAC levels from things like police reports at the scene; law enforcement testing; and medical records from the first responders and health care facilities.

2. Employers

Both Illinois and Indiana mandate that employers who hire drivers to operate motor vehicles for profit have a responsibility to that driver and those sharing the roads with them. Employers who allow someone on the road who has a history of driving under the influence, as well as employers who disregard signs or warnings that the driver was drunk, may be legally liable.

For more detail, read about negligent hiring; negligent training; and negligent supervision in the trucking industry here: Negligent Training of Truck Drivers as Basis for Truck Crash Injury Claim and Negligent Supervision by the Trucking Company and Semi-Truck Crash.

3. Parents of Drunk Driver

In some cases, parents who furnish alcohol to minor children may be legally liable if they do so and it can be shown that they should have known that the child was intoxicated and allowed them to drive anyway.

4. Party Givers (Wedding Receptions; Graduation Celebrations; Tailgates; Birthday Parties, etc.)

Alcoholic beverages are a traditional part of many social events. It might be strange to host a tailgate without beer, right? Then, there is champagne at wedding receptions and graduations; wine at dinner parties; and all kinds of festive beverages at birthday parties.

Legally, party givers are deemed to be “social hosts.” Their liability for a drunk driving accident involving one of their guests driving away from their event will depend upon many things, including the location.

There is no legal distinction between someone operating a bar, selling alcohol as a business, and social hosts offering alcohol beverages to guests in Indiana. This is not mirrored in Illinois law. In Illinois, party givers, or “social hosts,” are not legally liable for drunk driving crashes involving adult guests. Things may be different in the Land of Lincoln if the drunk driver is a minor.

5. Businesses Selling Alcohol

There are businesses that generate revenue by selling alcoholic beverages. These companies must be approved by state law in both Illinois and Indiana. Indiana issues alcohol permits for facilities and employees, for instance. Illinois has a procedure for obtaining a retailers’ liquor license.

These businesses may be restaurants; bars; clubs; stadiums; ball parks; local taverns; convenience stores; liquor stores; theaters; auditoriums; river cruise boats; speedways; etc. And, in some instances, the property owner or lessor involved in the matter may share liability with these businesses in the event of a drunk driving crash should a sale on that premises cause intoxication that led to the incident.

Again, the law must be researched and compared to the facts of the particular case to confirm legal responsibility in the case for overservice of alcohol.

Claims for Damages After Drunk Driving Crash in Indiana or Illinois

In our part of the country, legal liability for a drunk driving crash will always fall on the driver, but investigations into the accident may also establish responsibility for other parties, too. The state laws of Indiana and Illinois both recognize this expanded recompense, but their scope and applications are not the same.

Of importance, drunk driving accident victims and their loved ones will have the duty to pursue civil claims for justice while simultaneously dealing with the often overwhelming consequences of the crash itself. The support provided by an experienced legal advocate with accident reconstruction experts cannot be underestimated.

And these accident victims must be aware they are facing a deadline: both states have statutes of limitations that apply in these matters. If the deadline is passed, no claim will be recognized under the law no matter how valid it may be.

For more, see:

Drunk driving accidents are such tragedies because they are always preventable and often result in catastrophic or deadly injuries. There is a wider net of legal responsibility to keep people from driving after drinking than many may realize in both Illinois and Indiana. Please be careful out there!