Articles Posted in Alcohol Related Injuries

According to an article by CBS Chicago, a recently deadly rollover crash occurred on the Chicago Stevenson Expressway. On the morning of December 21st, a man died in a car accident on the Chicago Stevenson Expressway. In this deadly rollover crash, his car rolled off the expressway and crashed into a tree nearby Harlem Avenue. According to the Illinois State Police, the crash victim was driving southbound on the Stevenson Expressway when he lost control of his car, leading to the rollover crash. They believe alcohol and high speed were the major factors in the crash and ultimate death.

Alcohol is a major factor in motor vehicle accidents, especially with the holidays and end of the year celebrations. According to an article by USA Today, AAA estimates that during this year’s Christmas and New Year’s season, nearly 95 million Americans will be on the road traveling to visit family and friends for the holidays. However, during these celebrations and visits, nearly 27,900 Americans will be injured in motor vehicle accidents, which could result in an estimated 250 deaths. A major motivation for this estimate is high alcohol consumption during the holidays. On New Year’s from 2007 to 2011, an estimated 42% of motor vehicle accident fatalities were the result of driving under the influence.

However, drinking and driving is a problem all year round too. The National Highway Traffic Safety Administration reports that drunk-driving crashes cost approximately $37 billion annually. In 2010 alone, over 10,000 people died in alcohol related crashes. Breaking down this statistic, that is one alcohol-related crash every 51 minutes in the United States.

The general public has been consistently educated on the dangers of drunk-driving and the risks for serious personal injuries or fatalities it poses to other drivers on the road. However, it now appears that drunk drivers are not the only dangers. Instead of late-night risks, the morning drive now has its dangers as well. Driving with a hangover is just as serious and driving drunk. The problem is that many people are aware they should not drive immediately after consuming alcohol, but many are not aware that they are still too impaired to drive the next morning.

According to CBS Atlanta, a recent study asserted that a hangover that follows a night of heavy drinking can impair a driver’s performance on the road just as badly as driving under the influence of alcohol would. The study claims that the effects of drinking last longer than the measurable blood alcohol concentration. Participants in the study spent a night drinking and took a twenty minute simulated driving test the next morning. Researchers observed that the drivers had increases in speed, errors, and deviation from driving position in this simulation.

The aim of this study was to reflect what occurs in real life when people commute to work the next day after drinking. While this study was performed in the U.K., we can recognize that Chicago is similarly situated. Chicago is a city with full of business opportunities and prosperity, and it is also a city very eventful and social night-life. However, when these two strong points merge, our city can also experience hung-over drivers commuting to their places to work after a night out of heavy drinking.

ABC news reports that Mothers Against Drunk Driving, or MADD as they are more commonly known, and the Alliance Against Intoxicated Driving have launched a campaign to keep the roads safer this holiday season. The good news is that both groups have acknowledged a steady decline in fatal drunk driving accidents over the last thirty years. However, we all know that just one crash is one crash too many as it affects the lives of everyone involved and has a negative impact on the community as a whole.

A spokesperson from the Alliance Against Intoxicated Driving stated that, “[i]t’s a problem that’s always going to be around because people drink and it’s socially acceptable. It’s totally unacceptable to get behind the wheel if you’ve been drinking.” The groups organized a vigil for the families of victims of drunk driving at the Thompson center in Chicago last week. One attendee, the wife of a 35-year-old father of three who was killed when a drunk driver rear-ended his vehicle was still suffering from the shock and sadness that accompany all drunk driving accidents. The organizers of the event hoped that it would help families cope with their losses while raising awareness of the dangers of drunk driving. A spokesperson from MADD stated, “one in three families will be impacted by drunk drivers.”

That is truly a shocking and saddening statistic because drunk driving is entirely preventable. If you plan on consuming alcohol, do not drive. The holiday season makes it especially easy for negligent drunk drivers to get behind the wheel after consuming alcohol. From work parties, to house parties to family gatherings and more, alcohol is always served and all attendees must be responsible. Always designate a driver if you know you will be drinking, and if that is not possible, arrange for public transportation. This is especially easy to do in Chicago, as our public transportation options are plentiful.

The Chicago Tribune reported that Casa Azteca, a bar in Des Plaines has been ordered to pay a $1,000 fine and comply with several other conditions before the city will lift its liquor license suspension. The Mayor of Des Plaines first shut down the bar and suspended its liquor license in late October after a huge fight broke out in the parking lot of the bar. Two Waukegan men were responsible for the fight and were later arrested on felony charges, even though the fight involved around 50 people. Allegedly, the fight broke out over an argument about a patron’s girlfriend.

The owner is also required to install security cameras both inside and outside of the bar, and save all such recordings for a specified period of time. Additionally, Casa Azteca must employ off duty police officers during peak times, and their bartenders must complete a training course, submit fingerprints and have background checks.

Fights and accidents involving liquor consumption are often linked to laws called dram shop acts. Dram shop is just the legal term for a bar. Therefore, dram shop acts are just laws about bars and who will be liable when a patron harms another after becoming intoxicated. In Illinois, our legislature has stated that the Illinois Dram Shop Act is intended “to place responsibility for damages caused by intoxicants on those who profit from the sale of alcohol…[and] to protect the health, safety, and welfare of the people from the dangers of traffic in liquor.” Because consuming alcohol is a part of life for many adults, they must be aware that their actions while intoxicated often have consequences for people other than themselves.

Every time a person gets behind the wheel of a vehicle, he or she inherently takes responsibility for his or her actions when piloting the automobile. But drivers aren’t always the only responsible parties.

Under Illinois car accident injury law, liability on the part of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages, is what’s known as “Dram Shop Liability.” As a general rule, Dram Shop laws establish responsibility on the part of establishments that arises out of the sale of alcohol to visibly intoxicated persons; if an establishment – or a person acting on behalf of the establishment, such as a bartender or waitress – serves alcohol to a person who seems to be drunk, and the intoxicated patron later causes death or injury to a third-party, the business may be partially liable for negligently contributing to cause that harm. Unsurprisingly, this type of law is often present in Chicago personal injury lawsuits surrounding alcohol-related car crashes

Dram Shop laws are intended to protect the general public from the hazards of actions by drunken persons by creating an incentive – as well as an justification – for businesses to exercise discretion. Nevertheless, apportioning responsibility to the liquor-serving establishment does not eradicate the driver’s personal responsibility. Every driver owes a duty of reasonable care to his or her passengers, other drivers and passengers on the road, and pedestrians. When that duty of care is breached and the driver acts recklessly or negligently – including in situations of driving while under the influence – accidents can and do happen. When they occur, the driver may be held responsible for his or her actions, both in criminal court, and in civil court, and may be forced to pay compensation to victims for the injuries and resulting costs.

As per a recent report by the Chicago Tribune, a 32 year-old Chicago man was killed in a hit-and-run accident last week at the Near North Side intersection of Division Street and LaSalle Drive.

The victim was identified as a third year law student at Northwestern University Law School, according to university spokesman Alan Cubbage. “A message was sent to the law school community informing them of the death, and we expressed our sympathy to family and friends,” Cubbage said.

The driver of the vehicle, a Jeep Liberty SUV, was a 21 year-old woman, who police suspect may have been intoxicated at the time of the crash. The woman had been driving southbound on LaSalle at approximately 2:30 in the morning when her car struck the victim. Though she tried to flee the scene, she was caught a couple of blocks away.