DUI Conviction & Civil Injury Claims Illinois

Last Updated: October 24, 2026

A criminal DUI case and a civil injury claim are separate proceedings. Illinois Pattern Jury Instructions, Civil, 60.01 treats a violation of a statute designed to protect human life or property as prima facie evidence of negligence. Reasonable care under the circumstances may rebut that evidence, and proximate cause remains separate. Recovery still follows 735 ILCS 5/2-1116.

The criminal case is the State’s prosecution. The civil claim is the injured person’s claim for damages. Contributory fault of more than 50 percent bars recovery. Otherwise the damages are reduced in proportion to that fault.

What does a statutory violation show?

IPI Civil 60.01 uses a violation of a safety statute as prima facie evidence of negligence. Reasonable care under the circumstances may rebut that evidence. The violation does not prove proximate cause. Section 2-1116 still measures contributory fault.

What if the criminal charge changes or ends?

The name of the criminal charge does not decide the civil fault percentage. An acquittal, a dismissal, and a plea are results in the criminal case. The civil fault finding follows section 2-1116.

When does the civil period run?

An action for an injury to the person is generally commenced within two years next after the cause of action accrued under 735 ILCS 5/13-202. The two years run from accrual. 235 ILCS 5/6-21 gives the licensed-seller claim, and that action is barred unless it is commenced within one year after the cause of action accrued.

If a driver had been drinking, Parker & Parker can read the civil facts and the filing period.

Injured? Get a Free Case Review.

Parker & Parker reviews personal injury claims for people in Peoria and across Central Illinois. Call 309-673-0069 or contact us online for a free consultation.

Frequently Asked Questions

What does a DUI conviction do in a civil injury claim?

The criminal case and the civil claim are separate. IPI Civil 60.01 treats a violation of a safety statute as prima facie evidence of negligence. Reasonable care may rebut that evidence, and proximate cause remains separate. Section 2-1116 still applies.

Can I sue a drunk driver if the DUI charges were dropped?

A dismissal is a result in the criminal case. The civil fault finding follows section 2-1116. The personal-injury period follows accrual under section 13-202.

Should I wait for the criminal case before filing my civil lawsuit?

The personal-injury period runs from accrual under section 13-202. It does not run from the criminal judgment. The licensed-seller action under section 6-21 is barred unless it is commenced within one year after accrual.

Does a plea bargain to reckless driving affect my civil claim?

The criminal plea does not decide the civil fault percentage. Section 2-1116 bars recovery when contributory fault is more than 50 percent and otherwise reduces the damages in proportion to that fault.

If you or a loved one has been injured in a car accident, Peoria personal injury lawyer Robert Parker is ready to help you pursue damages supported by the evidence.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

How a DUI Conviction Affects a Civil Injury Claim in Illinois