Skip to Content
Call or Text for a Free Consultation 309-673-0069
Call or Text for a FREE CONSULTATION 309-673-0069

The Complete Guide to Drunk Driving Accident Claims in Illinois

Mon 23 Feb, 2026 / by / Drunk Driving Accidents

The Complete Guide to Drunk Driving Accident Claims in Illinois

Every year, intoxicated drivers cause thousands of crashes on Illinois roads. If a drunk driver injured you or killed someone you love, you have legal options that go far beyond whatever happens in criminal court. This guide covers everything you need to know about pursuing a civil claim after a DUI crash in Illinois — from preserving evidence at the scene to recovering punitive damages at trial.

At Parker & Parker Attorneys at Law, we represent drunk driving accident victims throughout the Peoria area. Rob Parker has handled DUI injury cases involving catastrophic injuries, wrongful death, and complex insurance disputes. If you need help, contact us for a free consultation.

Table of Contents

The Civil Case vs. the Criminal Case

Many people assume the criminal DUI prosecution handles everything. It does not. The criminal case is the State of Illinois versus the drunk driver. It can result in jail time, fines, and license suspension — but it does nothing to compensate you for medical bills, lost wages, or pain and suffering.

Your civil claim is separate. You file it against the drunk driver (and potentially other parties) to recover money damages. The burden of proof is lower — preponderance of the evidence rather than beyond a reasonable doubt — and a DUI conviction can actually strengthen your civil case by establishing that the driver violated the law.

You do not need to wait for the criminal case to finish before filing your civil claim. In fact, waiting can hurt you — evidence disappears, witnesses forget details, and the two-year statute of limitations keeps running regardless of what happens in criminal court.

Proving Liability in a Drunk Driving Accident

Illinois is a fault-based state. To recover compensation, you must prove the drunk driver was negligent. Driving while intoxicated is negligence per se under Illinois law — meaning the act of driving drunk is itself proof of negligence. You still need to show that the driver’s intoxication caused the crash and that the crash caused your injuries.

Key evidence in drunk driving cases includes:

  • Police reports — BAC test results, field sobriety test observations, officer narrative
  • Toxicology results — Blood or breath alcohol concentration at or above 0.08% (the legal limit under 625 ILCS 5/11-501)
  • Bar or restaurant receipts — Documenting how much the driver consumed and where
  • Surveillance video — From the establishment, nearby businesses, or traffic cameras
  • Witness testimony — Other drivers, passengers, bar staff, or bystanders
  • Crash reconstruction — Expert analysis of vehicle damage, skid marks, and impact angles

Illinois follows modified comparative fault (735 ILCS 5/2-1116). If you are found partially at fault, your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you recover nothing. In drunk driving cases, juries rarely assign significant fault to the sober driver — but insurance companies will try.

What to Do After Being Hit by a Drunk Driver

The steps you take immediately after a DUI crash matter. We have a detailed guide on what to do after being hit by a drunk driver, but the essentials are:

  1. Call 911. Law enforcement creates the official record and administers BAC testing. This evidence is critical.
  2. Get medical attention. Even if you feel fine. Adrenaline masks injuries. Delayed treatment creates gaps insurers exploit.
  3. Document the scene. Photos of vehicle damage, road conditions, the other driver’s appearance (bloodshot eyes, unsteady gait, open containers).
  4. Do not discuss fault. Let the police report and evidence speak.
  5. Contact an attorney early. DUI crash cases involve multiple potential defendants (driver, bar, host) and time-sensitive evidence preservation.

Types of Damages Available

Drunk driving accident victims in Illinois can recover:

Economic damages — Medical expenses (past and future), lost wages, reduced earning capacity, property damage, and out-of-pocket costs like home modifications for disability.

Non-economic damages — Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. Illinois has no cap on personal injury damages (Lebron v. Gottlieb Memorial Hospital, 2010).

Punitive damages — Available specifically because the driver acted with willful and wanton disregard for others’ safety. More on this below.

In wrongful death cases, the family can recover under the Illinois Wrongful Death Act (740 ILCS 180/) and the Survival Act (755 ILCS 5/27-6). See our wrongful death practice area for details.

Punitive Damages in Illinois DUI Crash Cases

Most personal injury cases do not involve punitive damages. Drunk driving cases are the exception. Under 735 ILCS 5/2-1115.05, punitive damages are available when the defendant’s conduct shows willful and wanton disregard for others’ safety. Choosing to drive while intoxicated fits that standard.

We explain the mechanics in our detailed post on punitive damages in DUI accident cases. Key points:

  • There is no statutory cap on punitive damages in Illinois — the amount is up to the jury
  • The higher the BAC, the stronger the case for a large award
  • Prior DUI convictions or a history of drunk driving make the case even more compelling
  • Punitive damages are designed to punish and deter — they go beyond compensating your losses

Dram Shop Liability: Suing the Bar or Restaurant

Illinois has one of the strongest dram shop laws in the country. Under the Illinois Liquor Control Act (235 ILCS 5/6-21), a licensed establishment that serves alcohol to a visibly intoxicated person can be held liable for injuries that person causes after leaving.

Our comprehensive dram shop liability guide covers the specifics, but here is why this matters: dram shop claims give you a second defendant with commercial insurance. The drunk driver may have minimum coverage ($25,000/$50,000). The bar likely has a liquor liability policy worth far more.

To prove a dram shop claim, you must show the establishment sold or gave alcohol to the driver when the driver was already visibly intoxicated. “Visibly intoxicated” means showing outward signs — slurred speech, unsteady movement, glassy eyes — not just having a high BAC.

Critical deadline: Dram shop claims have a one-year notice requirement. You must provide written notice to the establishment within one year of the injury. Miss this deadline and the claim is barred forever, regardless of the standard two-year statute of limitations.

Social Host Liability

What about house parties, tailgates, or private gatherings? Illinois social host liability is more limited than dram shop liability. Generally, a social host who serves alcohol to an adult guest is not liable if that guest later causes a crash — unless the host served a minor.

If an underage person causes a drunk driving accident, the adult who provided the alcohol can face civil liability. This includes parents who allow underage drinking at their home.

Insurance Issues After a DUI Crash

Insurance complications are common in DUI cases. The drunk driver’s insurer may try to deny coverage, delay the claim, or argue the policy excludes intentional acts. Our guide to drunk driver insurance coverage addresses these issues head-on.

Key insurance considerations:

  • Minimum coverage is inadequate. Illinois only requires $25,000 per person / $50,000 per accident. Serious DUI injuries frequently exceed these limits.
  • UM/UIM coverage is essential. If the drunk driver has no insurance or insufficient coverage, your own uninsured/underinsured motorist coverage fills the gap.
  • Dram shop adds a second insurance policy. This is often where the real recovery comes from.
  • Intentional act exclusions rarely apply. Even though driving drunk is intentional, the crash itself is typically classified as negligent — meaning liability coverage applies.

Special Scenarios

Drunk driving crashes come in many forms. We have covered the most common scenarios in detail:

Statute of Limitations

In Illinois, the general statute of limitations for personal injury is two years from the date of the accident (735 ILCS 5/13-202). Wrongful death claims also have a two-year deadline from the date of death (740 ILCS 180/2).

But remember the dram shop one-year notice requirement. If there is any chance a bar, restaurant, or liquor store contributed to the crash, you need to act within one year — not two.

Frequently Asked Questions

Can I sue a drunk driver even if they were not convicted of DUI?

Yes. The civil case and criminal case are separate. A conviction helps but is not required. The civil burden of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).

How much is a drunk driving accident case worth?

It depends on your injuries, medical expenses, lost income, and the availability of punitive damages. Serious DUI crashes often involve catastrophic injuries — traumatic brain injuries, spinal cord damage, multiple fractures — that result in significant settlements or verdicts.

What if the drunk driver has no insurance?

Your own UM coverage applies. You may also have a dram shop claim against the establishment that served the driver. An experienced attorney will identify every available source of recovery.

Can I get punitive damages in every drunk driving case?

Punitive damages are available but not guaranteed. The jury decides whether the driver’s conduct was willful and wanton enough to justify an award beyond compensatory damages.

How long do I have to file a claim after a drunk driving accident?

Two years for the personal injury claim. One year for dram shop notice. Contact an attorney immediately to preserve your rights and evidence.

What if I was a passenger in the drunk driver’s car?

You can still file a claim against the driver. Being a voluntary passenger in a car driven by someone you knew was intoxicated may affect comparative fault — but it does not bar your claim.

Talk to a Peoria Drunk Driving Accident Lawyer

Drunk driving accident cases are more complex than standard car accident claims. Multiple defendants, punitive damages, dram shop notice deadlines, and insurance disputes all require experienced handling. Rob Parker and the team at Parker & Parker Attorneys at Law have the experience to maximize your recovery.

Call (309) 672-9000 or contact us online for a free consultation. We handle drunk driving accident cases on a contingency fee basis — you pay nothing unless we recover compensation for you.

More Resources

Explore these in-depth articles on specific topics covered in this guide:

Categories