Drivers' mistakes are often responsible for Illinois motor vehicle accident injuries and deaths. However, fatal car crashes also occur due to actions taken or omissions made by third parties. Examples would be a fatal accident caused by a manufacturer's automotive defect, like a faulty airbag, or the failure of a bar to stop serving alcohol to a patron.
Two lawsuits were filed recently by the estate of a man killed last March in Chicago. According to the victim's father, the estate administrator, the accident was caused by a drunk driver, who became intoxicated at Aberdeen Tap, owned by C.M. Spina Inc. The driver is accused of wrongful death, while the bar, in a separate action, is blamed for violations of the Illinois Dram Shop Act.
According to December filings, the victim was fatally injured during an attempt to stop an intoxicated man from continuing to drive down a Chicago street. The victim died after being hit by the driver's vehicle. The legal action alleges the accused man was driving drunk at the time of the collision and violating traffic laws, including the use of improper speed and failure to avoid an accident.
Allegations stated the owner of Aberdeen Tap was responsible for serving alcohol to the driver just prior to the crash. Under the Dram Shop Act, a plaintiff must show evidence alcohol provided by bars or alcohol retailers caused a patron to become intoxicated. In addition, the intoxication must be tied to an accident and the losses experienced by the plaintiff.
Damages from injury and death liability lawsuits may cover a variety of losses. In wrongful death cases, claims address losses incurred by surviving family members including spouses, children and parents. Monetary relief may be awarded for funeral costs, the victim's medical bills and other hardships, like loss of companionship.
Attorneys assess accident claims and identify sources of fault and compensation.
Source: The Cook County Record, "Bar, driver face lawsuits from father of man killed allegedly trying to stop DUI" Mark Payne, Jan. 05, 2015