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Chicago Motorcycle Accidents Due to DUI

motorcycle duiNothing sparks justified outrage more than a motorcycle DUI accident. As a motorcyclist, it is difficult enough for you to dodge careless motorists who change lanes without signaling, for example, or turn left into your path without even seeing you. It is beyond unfair when an intoxicated driver puts you in the hospital that way.

Prosecution vs. Compensation

Illinois enforces some of the strictest DUI laws in the nation. Indeed, even a first-offense DUI can be prosecuted as a felony if it results in a serious injury.  A successful prosecution, however, doesn’t result in any compensation for the victim – for that you must file a civil claim.

Sometimes, a court can award both compensatory and punitive damages to a DUI accident victim even without a DUI arrest. However, a problem arises if the driver’s insurance coverage is insufficient to cover the damages award and the driver himself cannot afford to pay a large claim. When this happens, it might be possible to hold a second defendant partially liable.
 

Winning Is a Way of Life for Us

At Malman Law, we’re used to victory, because we’ve been doing it constantly since 1994:

  • Over 15,000 injured victims have received compensation through our efforts
  • We win 19 out of every 20 cases we accept
  • Over 95 percent of our cases are settled out of court
  • Many of our clients have received multimillion dollar settlements

A Former Client Speaks Out

“Two years ago, I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet.” – Malman Law Client

Similar Practice Areas

Malman Law handles the following types of motorcycle accident claims, among others:

Frequently Asked Questions (FAQs)

Can I claim against the bar that served the other driver alcohol prior to the crash?



Perhaps. The Illinois dram shop law allows injured victims to sue a bar who served alcohol to a customer if the customer’s resulting intoxication injured the victim. As of January 20, 2018, liability against the bar was limited to  $84,061.21. You can also claim against the driver.

Under what circumstances may I seek punitive damages?



An Illinois court may award punitive damages against the driver in a DUI accident if:



  • The driver lost full control of his mental and physical facilities (barely exceeding the 0.08% BAC limit for a DUI might not be enough to qualify, however)

  • The driver’s intoxication caused the accident

  • The driver’s act of driving while intoxicated exhibited disregard for the safety of others


Keep in mind that even if your punitive damages claim fails, you might still win compensatory damages.

Could I still lose my claim even if I prove the other driver was drunk at the time of the crash?



Yes. You could still lose your claim if the defendant can establish that:



  • the accident was at least 50 percent your fault;

  • the defendant’s intoxication did not cause the crash; or

  • the defendant’s intoxicated driving did not constitute negligence under the circumstances (very unlikely).


The police report contains errors. Can I correct them?



Perhaps, although there is no way to assure this. All you can really do is contact the police and attempt to convince them to correct the errors. An adverse police report is not good news, but it will not necessarily doom your claim.

You Win – or We Work for Free

The insurance company (including your own insurance carrier) is adverse to you because the more they pay you, the lower their profits are. With us it’s the opposite. Since our fees are set as a percentage of the amount you win, we only earn money if you win. And if you don’t win any compensation, our fees will be zero.

Make It Happen, Starting Today

If you have been injured in a motorcycle accident anywhere in Chicagoland or if your loved one has been killed in such an accident, dial 1-888-836-5975 or complete our online contact form to set up an appointment for a free consultation where we can discuss your options. If your injuries prevent you from coming to our office, we can meet you anywhere in Chicago.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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Why People Choose Malman Law

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience