Legal Question in Personal Injury in Illinois

I was hit by a drunk driver in Illinois and she was arrested for DUI with a BAC of .115

I received no citations and the officer saw her tires tracks coming into my lane. She is now claiming the accident was my fault. My question is: If a person is involved in an auto accident and is drunk according to her breathalizer test - Is she automatically liable for the accident in Illinois?


Asked on 11/30/10, 7:57 am

2 Answers from Attorneys
Nima Taradji Taradji Law Offices

No, those are two different things--Although she will have a hard time proving that the accident was your fault. If you were injured and the other driver or her insurance company are giving your the runaround, you should speak with an attorney immediately--before you give any statement to anyone.

I hope this helps-

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Answered on 12/05/10, 7:59 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Hopefully, you are not seriously hurt. She is not automatically at fault. For instance if the facts were different and you had hit her from behind and she had doen nothing to cause you to hit her, she would not have liability. Your facts are different. Based on what you posted, she will have a difficult time getting past the fact that her inalcohol use was not a significant factor in her driving in a negligent manner. Hope this helps

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Answered on 12/07/10, 9:28 am


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