What to Do After Being Hit by a Drunk Driver in Illinois

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Being struck by a drunk driver is one of the most devastating — and preventable — types of car accidents. If you or a loved one has been injured by an intoxicated driver in Illinois, the steps you take immediately after the crash can significantly affect your ability to recover full compensation.

Immediate Steps After a Drunk Driving Accident

Your first priority is always safety and medical attention. Call 911 immediately. Illinois law requires law enforcement to respond to all accidents involving suspected impairment, and the responding officer will conduct field sobriety tests and potentially a breathalyzer. This police report becomes critical evidence in your civil claim.

Document everything you can at the scene. Photograph the other driver’s vehicle, any visible bottles or containers, and the overall scene. If witnesses are present, get their contact information — bystander testimony about the other driver’s behavior (slurred speech, stumbling, smell of alcohol) can be powerful evidence.

Why Drunk Driving Cases Are Different from Other Car Accidents

Illinois treats drunk driving accident claims differently because the at-fault driver’s conduct goes beyond ordinary negligence. Under Illinois law, driving while intoxicated constitutes willful and wanton misconduct, which opens the door to additional damages beyond what’s available in a standard car accident case.

A DUI arrest or conviction creates a strong presumption of negligence in your civil case. Under 625 ILCS 5/11-501, operating a vehicle with a BAC of .08 or higher is illegal, and violating this statute is considered negligence per se — meaning the drunk driver is automatically considered negligent.

Punitive Damages in Illinois Drunk Driving Cases

Unlike most car accident cases, drunk driving crashes may entitle you to punitive damages. These are damages designed to punish the at-fault driver and deter similar conduct. Illinois courts have awarded punitive damages in cases where the driver had a prior DUI history, had an extremely high BAC, or was driving on a suspended license due to a previous DUI.

Dram Shop Liability: Can You Sue the Bar?

Illinois has one of the strongest dram shop laws in the country. Under the Illinois Liquor Control Act (235 ILCS 5/6-21), you can file a claim against the bar, restaurant, or liquor store that served the intoxicated driver if they served someone who was already visibly intoxicated. This creates a second source of insurance coverage and can substantially increase your total recovery.

The Criminal Case vs. Your Civil Claim

Many people don’t realize that the criminal DUI case and your civil injury claim are completely separate proceedings. You don’t have to wait for the criminal case to resolve before filing your personal injury lawsuit. In fact, the two-year statute of limitations (735 ILCS 5/13-202) starts running from the date of the accident regardless of what happens in criminal court.

However, the criminal case can help your civil claim. A guilty plea or conviction is admissible evidence of negligence. Even if the driver pleads to a lesser charge, the police report, BAC results, and arrest records are all discoverable in your civil case.

Compensation Available in Drunk Driving Accident Cases

Victims of drunk driving crashes in Illinois can recover compensation for medical expenses (past and future), lost wages, pain and suffering, emotional distress, and loss of normal life. Because drunk driving involves aggravated misconduct, juries in Central Illinois tend to award higher damages than in comparable negligence-only cases.

Injured? Get a Free Case Review.

The personal injury attorneys at Parker & Parker have been fighting for accident victims in Peoria and across Central Illinois for over 25 years. Call (309) 674-0044 or contact us online for a free, no-obligation consultation.

Frequently Asked Questions

Can I sue a drunk driver even if they weren’t convicted of DUI?

Yes. Your civil injury claim is separate from the criminal case. You only need to prove the driver was negligent — not that they were guilty beyond a reasonable doubt. A BAC result, field sobriety test failure, or witness testimony about impairment is sufficient for a civil claim.

What is dram shop liability in Illinois?

Under the Illinois Liquor Control Act (235 ILCS 5/6-21), bars, restaurants, and liquor stores can be held liable if they served alcohol to someone who was already visibly intoxicated and that person then caused an accident. This gives you an additional source of recovery beyond the driver’s insurance.

Are punitive damages available in drunk driving cases in Illinois?

Yes. Illinois allows punitive damages when the at-fault driver’s conduct was willful and wanton. Driving while intoxicated, especially with a high BAC or prior DUI history, often meets this standard. Punitive damages are in addition to your compensatory damages.

How long do I have to file a lawsuit after a drunk driving accident in Illinois?

The statute of limitations for personal injury claims in Illinois is two years from the date of the accident (735 ILCS 5/13-202). If the victim died, the wrongful death statute of limitations is also two years from the date of death.