Civil liability following brain injuries may involve many different parties depending on the accident that led to the harm. For example, our Chicago brain injury lawyers often share that automobile accidents represents one of the most common ways that residents suffer traumatic brain injuries. When one of these accidents is caused by the negligence of a driver-and most accidents do-then the negligent drivers (or drivers) can be held responsible.
But it does not end there.
While some automobile accidents are caused simply by driver error, many other factors may also be involved. For example, if a car malfunctions because of bad design or manufacturing error, the companies involved in the problem may face liability. At other times road design may be improper or poorly maintained, perhaps leading to liability on the part of the public entities responsible for building, designing, and maintaining the road.
A new brain injury case highlights yet another possible defendant in these cases. As reported in the Sacramento Bee, a brain injury lawsuit was recently settled involving a young boy severely injured in a car accident and the Applebee’s restaurant.
The child was critically injured in 2009 when the car in which he was riding was hit by a vehicle driven by a drunk driver. Shortly before the accident the driver spent an extended time at an Applebee’s restaurant. According to documents filed in the suit the driver was served over 20 drinks in the single trip to the restaurant.
Amazingly, the man’s receipt showed that he bought 23 drinks in a two hour period at the Applebee’s. Police investigations following the accident showed that the man had a blood alcohol level three times more than the legal limit. The drunk driver’s background reveals that he has a long history with alcohol abuse, with six prior drunk driving convictions.
Laws exists which require facilities that serve alcohol to be mindful of the consequences of over-serving those who may cause harm to others while drunk. When they fail in this duty, the law sometimes allows the company to be held responsible for their conduct. These “Dram Shop” laws differ in each state but share a commitment to providing those hurt by the misconduct of others with fair redress.
Help Following a Brain Injury
The Illinois brain injury lawyers at our firm are here to help all local residents who have been hurt by the misconduct of others. When serious accidents like this one occur, it is vital to have legal representation that is familiar with all of the possible theories of recovery in the case. Even situations that seem relatively straightforward-like a car accident-can have a range of complex legal issues at their root. Your attorney should be familiar with those issues and have access to the resources necessary to fully investigate all possible legal theories.
If you have suffered a brain injury or any other injury as a result of the improper conduct of others, be sure to get in touch with our legal professionals to see how we can help.
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