Just this morning I was surfing the web and came upon the article below. As a Chicago Personal Injury lawyer and a drunk driving victim, I am continually shocked the number of individuals that continue to make the fatal mistake of drinking and driving.
A pedestrian was struck by a drunk driver and killed in Missoula. It was reported that the drunk driver was sentenced to 30 years in prison with 15 years suspended sentence. The victim and his two friends were on a cross country trip to Yellowstone National Park. They stopped for some sightseeing in Missoula. The victims were walking on the sidewalk when the drunk driver lost control and swerved onto the sidewalk. According to records the drunk driver's blood-alcohol level was 0.10 percent. The driver also admitted to taking prescription drugs prior to the accident.
As a Chicago drunk drivers victims attorney and a victim of a drunk driver, I understand the struggle that victims of drunk drivers face. I have a strong belief that deaths and injuries caused by drugged and drunk driving should not be called accidents. They are the result of an individual's negligent willful conduct. Calling them them an “accident” diminishes the main cause of alcohol and drug abuse. By calling it an accident, we are saying that it was not intententinal. When one drinks and drives, they have made a decision to do so. Handling a case against a drunk or drugged driver is usually a difficult one. In most circumstance the drunk driver has limited insurance coverage. Unless the victim, has adequate uninsured or underinsured motorist coverage recovering damages can be difficult.
I have years of experience handling cases involving the Illinois Dram Shop Act. When a crash occurs with a drunk driver, it is imperative to determine where the driver consumed the alcohol. If it was a place of business the entity that served the alcohol can be held liable. In simple terms, a claim can be made against the establishment that served the alcohol to the driver. A claim can also be made against the drunk driver. One should be aware that the statute of limitations for a Dram Shop case, in the state of Illinois is one year. It is imperative that prompt investigation takes place to determine the location(s) where the drunk driver was served alcohol and became intoxicated. The Dram Shop Act has many complexities and one should retain an attorney who is well versed with the act.
As an experienced personal injury attorney, I have years of trial experience, involving personal injury and wrongful death. I am passionate about representing individuals and families of victims who were injured by the actions of drunk drivers. Spread the word, drinking and driving kills!
Source: Drunk driver gets 15 years for crash that killed pedestrian, Greatfallstribune.com, September 13, 2011
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