Hit by a Drunk Driver in Illinois? 9 Steps (2026)

Q: What if I had been drinking too, does that kill my case?

Not automatically. Under 735 ILCS 5/2-1116 , the plaintiff is barred if the trier of fact finds the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury; if the plaintiff’s fault is not more than 50%, damages are reduced in proportion to the plaintiff’s fault. The other driver’s DUI does not by itself fix those percentages. Even if you were a passenger who knowingly rode with an impaired driver, you may still have a claim; the analysis is fact-specific.

Last Updated: October 29, 2026

If a drunk driver hit you in Illinois, you may have claims against the driver, the driver’s insurer, and sometimes a licensed alcohol seller under the Dram Shop Act. Preserve police reports, witness names, toxicology evidence, insurance letters, and bar or receipt evidence before giving any recorded statement.

Getting hit by a drunk driver is not just another car accident. The other driver may have violated 625 ILCS 5/11-501 before the crash, and Illinois law may also allow a dram shop claim against a licensed seller when 235 ILCS 5/6-21 is satisfied, punitive damages when the record supports them under 735 ILCS 5/2-604.1 and IPI Civil 35.01, and use of evidence gathered in the parallel criminal case. This guide walks you through what to do in the first 72 hours, what money you can recover, and how a Peoria injury lawyer builds a drunk-driving case in Peoria, Tazewell, or Woodford County.

What should I do immediately after being hit by a drunk driver in Illinois?

Call 911, get medical care, and do not talk to the other driver’s insurance company until you’ve spoken with a lawyer. The first 72 hours matter for preserving evidence, but safety and treatment come first.

Here are the nine steps that protect your civil claim:

Call 911. Ask for police and an ambulance. The responding officer may start a DUI investigation; that report is often important in the civil case.
Get checked at the ER. In the Peoria area, emergency care is commonly available at OSF HealthCare Saint Francis or Carle Health Methodist Hospital. Delayed pain after a high-impact crash is common, especially with closed head injuries and soft-tissue damage.
Photograph the scene when you can do so safely. From a lawful vantage outside the vehicles, capture damage, debris, road position, and skid marks if you can without delaying emergency care, entering another person’s vehicle without permission, or refusing necessary vehicle moves required by law or safety.
Get names and phone numbers of witnesses. Bystanders who saw the other driver stumble, slur, or fail field sobriety tests can be important. Memories fade quickly.
Do not give a recorded statement to the other driver’s insurer. Adjusters often call soon after a crash report; politely decline a recorded statement until you have counsel.
Save your receipts and any bar or restaurant evidence. If the driver came from a known establishment, that fact may support a dram shop investigation, but bar origin alone does not prove seller causation under 6-21 (more below).
Write down what you remember while it’s fresh. Time, weather, what the other driver said or smelled like, and how the officer interacted with them.
Request the police report. In Illinois, the traffic crash report is obtained from the investigating agency under its release procedures; timing varies by department.
Contact a Peoria injury attorney promptly. Surveillance video, dashcam footage, and dispatch audio may be deleted on vendor-specific schedules, so earlier preservation steps help.

If you missed any of those steps, don’t panic. Many items can still be reconstructed later, but the sooner a lawyer is involved, the more evidence you are likely to recover.

Does the driver’s DUI arrest help my civil injury case?

Yes, it can help significantly. Your civil injury case and the criminal DUI prosecution are separate proceedings, but the criminal case may generate evidence your civil lawyer can use: the DUI ticket, breath or blood test results, squad-car video, bodycam footage, the officer’s narrative, and any guilty plea or conviction.

When the jury finds that the defendant was intoxicated at the time of the occurrence, IPI Civil 12.01 allows the jury to consider that finding with the other evidence of due care. The instruction comment rejects using consumption evidence alone without showing that ordinary care was diminished; intoxication at the occurrence is not automatic fault. You don’t have to wait for the criminal case to finish before you start your civil case, and in many cases you should not.

What the DUI arrest may add in the civil case:

Documented impairment. The officer may have recorded refusal of testing, a failed test, or other signs of intoxication.
Chemical evidence. Blood alcohol concentration (BAC) results from a state-certified lab when testing occurred.
A possible punitive issue. Impairment can support willful-and-wanton conduct when the full record supports IPI Civil 35.01 and the pleading sequence in section 2-604.1; IPI Civil 14.02 addresses the plaintiff’s contributory willful-and-wanton conduct when that issue is in the case.
Additional discovery sources. Police and prosecutor records may be obtainable through lawful civil discovery or subpoena, depending on court rules and the record.

A criminal conviction is not required for your civil case to win. Civil cases use a lower standard of proof, “more likely than not”, versus the criminal “beyond a reasonable doubt.” Even if the DUI charge gets pleaded down or dismissed for a technical reason, underlying intoxication evidence may still be admissible when the civil record supports it.

What damages can I recover from a drunk driver in Illinois?

Illinois law lets you recover compensatory damages for harm the crash caused, including medical bills, lost wages, future care, pain and suffering, disability or loss of a normal life, disfigurement, and related categories when proved. If a family member died, the personal representative may bring a wrongful-death claim under the Illinois Wrongful Death Act.

Here are the categories Peoria, Tazewell, and Woodford County juries see in drunk-driving cases:

Past medical bills. ER, surgery, hospitalization, imaging, follow-up care.
Future medical care. Ongoing therapy, future surgeries, prosthetics, in-home care, modifications to your house or vehicle when supported by the evidence.
Past and future lost income. Time missed from work, reduced earning capacity if you can’t return to the same job.
Pain and suffering. Physical pain, mental anguish, anxiety, sleep disruption.
Disability or loss of a normal life. IPI Civil 30.04.01 gives the jury those alternatives when the evidence supports one or the other, not two cumulative categories for the same harm.
Disfigurement. Scars, amputation, permanent visible injury.
Loss of consortium. Your spouse’s claim for loss of companionship and intimacy when applicable.
Wrongful death damages. If a loved one was killed, section 180/2 measures pecuniary injuries to the surviving spouse and next of kin, including grief, sorrow, and mental suffering when applicable.

Injury severity drives case value. Drunk-driving crashes can produce severe injuries because impaired reaction time and crash dynamics vary; traumatic brain injuries (TBI), spinal-cord injuries, multi-fracture trauma, and fatalities occur in some of these cases.

A published report of Torres & Estate of Martinez v. Vose, 2022 Jury Verdicts LEXIS 3429 (April 6, 2022), describes a Hartford County, Connecticut, head-on crash involving a drunk driver, a surviving plaintiff with traumatic brain injury, and death of a four-year-old child passenger. The report states that a judge awarded approximately $24.59 million combined to the survivor and child estate.

Past results are illustrative. The dollar amounts described come from reported cases in other jurisdictions and involve facts and parties different from yours. Every case is different. Verdicts and settlements depend on the specific facts, injuries, evidence, and the law of the state where the case is filed. No outcome is guaranteed.

Can I sue the bar or restaurant that served the driver? (Illinois Dram Shop Act)

Under the Illinois Dram Shop Act, 235 ILCS 5/6-21, a person injured by an intoxicated person may have a claim against a licensed seller whose sale or gift of alcohol caused that intoxication. That seller claim is separate from the negligence claim against the driver. Ordinary adult social-host situations are different and should be reviewed separately.

What a proved dram shop claim can include:

A claim against the licensed seller. Bar, tavern, restaurant, package liquor store, hotel bar, country club, or other statutory defendant licensed to sell alcoholic liquor.
Recovery for personal injury or loss of means of support. Separate statutory caps apply to each category under 6-21.
Insurance when applicable. A licensed seller may maintain dram-shop liability coverage; whether a policy responds depends on proof of the seller claim and the policy terms.

For a cause of action involving injury, death, or property damage on or after July 1, 1998, section 6-21 sets a base of $45,000 for injury to the person or property of each person and $55,000 for either loss of means of support or loss of society. Beginning in 1999, every January 20 those limits change with the consumer price index-u. The Illinois Comptroller publishes the adjusted amount by January 31, and the courts use the limit in effect when damages are awarded by final judgment or settlement. For final judgments or settlements awarded on or after January 20, 2026, the Comptroller published limits of $90,411.55 and $110,503.00 for those two categories. Separate claims may exceed one limit when a person incurs more than one type of compensable damage; aggregate rules for loss of means of support or society still apply under the statute.

The dram-shop claim is separate from the driver claim. Each has its own proof, deadline, and caps. A seller recovery does not automatically stack with the driver’s liability limits or your UM/UIM coverage into one combined pool.

One reported Pennsylvania example from a jury-verdict report: Bulman v. Hecht, Philadelphia County Court of Common Pleas, described as a reported $2 million pretrial settlement in a dram-shop-classified pedestrian case with multi-fracture injuries and alcohol consumed at a defendant bar. The report does not establish how much came from any particular insurer, defendant, or coverage line.

Past results are illustrative. The dollar amounts described come from reported cases in other jurisdictions and involve facts and parties different from yours. Every case is different. Verdicts and settlements depend on the specific facts, injuries, evidence, and the law of the state where the case is filed. No outcome is guaranteed.

Instruction 150.02, used with Instruction 150.01, requires these propositions for the seller claim: the person was intoxicated at the time of the occurrence; the defendant, or the defendant’s agent or servant, sold or gave intoxicating liquor that the person consumed; the liquor consumed caused the person’s intoxication; the person’s intoxication was at least one cause of the occurrence; and, as a result, the plaintiff suffered injury or property damage. Surveillance video, receipts, server testimony, and timing evidence are common building blocks, but each element must be proved.

Are punitive damages available against a drunk driver in Illinois?

Punitive damages may be available when the evidence supports willful and wanton conduct and proximate injury under IPI Civil 35.01. They are separate from compensatory damages. A violation of 625 ILCS 5/11-501 does not by itself entitle anyone to punitive damages.

Where punitive damages are permitted in the negligence and strict-tort product-liability actions described in 735 ILCS 5/2-604.1, the original complaint may not seek punitive damages. A plaintiff may file a pretrial motion, and after a hearing the court shall allow an amended complaint if the plaintiff shows a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. The motion must be filed not later than 30 days after the close of discovery. That sequence governs how a punitive prayer is added; it does not say that drinking and driving automatically permits punitive damages. For the underlying negligence claim, contributory fault follows 735 ILCS 5/2-1116. IPI Civil 14.01 distinguishes willful-and-wanton conduct as actual or deliberate intention to harm or utter indifference to, or conscious disregard for, the safety of others; that is a separate issue from ordinary negligence under section 2-1116.

Things to know about punitive damages in Illinois drunk-driving cases:

Punitive damages tied to the at-fault driver’s own misconduct are generally not insurable under Illinois public policy. Beaver v. Country Mut. Ins. Co., 95 Ill. App. 3d 1122 (5th Dist. 1981). Compensatory liability limits and dram-shop coverage, when applicable, are separate questions.
A criminal DUI conviction can strengthen the civil record, but is not required. Civil punitive issues use a preponderance of the evidence.
No single BAC reading guarantees punitive damages; the full record and the court’s instructions control.

What if the drunk driver is uninsured or underinsured?

If the drunk driver has no insurance or limits that will not cover your injuries, uninsured and underinsured motorist coverage under your own auto policy may apply on the terms of that policy and Illinois law. Minimum uninsured coverage follows 215 ILCS 5/143a and the bodily-injury minimums in 625 ILCS 5/7-203. Under 215 ILCS 5/143a-2, an underinsured motor vehicle is one whose applicable bodily-injury limits (and bonds or security on that vehicle) are less than your underinsured limits at the time of the crash. The insurer’s underinsured liability is your UIM limit minus amounts actually recovered under those applicable bodily-injury policies, bonds, or security on the underinsured vehicle, subject to the policy. Section 143a(1) and 143a-2(5) bar treating separate policy limits as an automatic combined stack in many policies.

Here’s how coverage layers usually interact in a drunk-driving case:

The drunk driver’s bodily-injury liability coverage, subject to the limits on that policy.
Dram-shop coverage from any licensed seller proved under 6-21, separate caps under the statute.
Your own UM coverage when the at-fault driver had no qualifying liability insurance, on the terms of 143a.
Your own UIM coverage when section 143a-2(4) applies: your UIM limit minus recoveries under applicable bodily-injury coverage on the underinsured vehicle, on the policy terms.
Umbrella coverage if you carry it, only as the umbrella policy and underlying policies allow.

UIM claims in drunk-driving cases get complicated fast. Your own carrier may become an adversary in a coverage dispute even though they collected premiums on your policy. Notice deadlines, consent-to-settle requirements, and arbitration provisions in the policy all matter. Don’t sign anything from your own insurer without a lawyer reviewing the policy first.

How long do I have to file a drunk-driving injury lawsuit in Illinois?

Most personal-injury lawsuits must be commenced within two years next after the cause of action accrued under 735 ILCS 5/13-202. Accrual is not always the calendar date of the crash; when symptoms or discovery issues matter, the deadline can be fact-specific. If a family member died, 740 ILCS 180/2(d) generally requires commencement within two years after the death, with the exceptions in subsection (e) and the beneficiary age rule in subsection (f).

Some deadlines are shorter or run separately:

Dram Shop Act claims: The seller action is barred unless commenced within one year next after the cause of action accrued under 235 ILCS 5/6-21. That one-year bar is separate from the two-year injury action against the driver.
Government-vehicle defendants: If the drunk driver was a government employee on duty, separate local-government deadlines, forum rules, and notice issues may apply. Do not assume the ordinary two-year deadline controls.
Minors: For the injured child’s own negligence action against the driver under 735 ILCS 5/13-202, 735 ILCS 5/13-211 can extend the period when the person was under 18 at accrual. That minor tolling does not replace the separate one-year accrual bar for a 6-21 seller claim. Parent or derivative deadlines may still run on a different schedule.

The dram-shop one-year bar traps many delayed cases. If alcohol was involved, identify both deadlines early rather than assuming the driver’s two-year period controls the seller claim.

What is the average settlement for a drunk-driver injury case?

Published “averages” for drunk-driving cases are unreliable. Outcomes depend on injury, permanence, proof, liability, coverage, caps, and venue in the specific case.

Factors that often matter:

Injury severity and permanence. Long-term disability, surgical care, and fatal outcomes change the damages record when proved.
Liability clarity. Documented impairment and a guilty plea may strengthen liability; a low BAC with sparse testing is murkier.
Available insurance and statutory caps. Minimum liability limits, dram-shop caps, and UM/UIM terms change the realistic range.
Punitive exposure. Only when section 2-604.1 and the record support a punitive count; impairment alone does not guarantee punitive damages.
Venue and jury. Peoria, Tazewell, and Woodford County cases depend on the specific record and jury, not on a fixed regional multiplier.
Documentation. Consistent treatment records and wage proof generally support stronger specials; gaps create defense arguments.

Every drunk-driving case should be re-evaluated as treatment ends and as liability and coverage facts develop.

Do I have to wait for the criminal DUI case to finish before suing?

No, and in most cases you shouldn’t. The civil and criminal cases are separate. You can file the civil case while the criminal DUI is still pending in Peoria County, Tazewell County, or wherever the crash happened.

Why filing civil early matters:

Evidence preservation. Written preservation requests and, when litigation is underway, subpoenas and discovery can lock down bar video, scheduling records, and phone records the criminal prosecutor may not pursue.
The civil deadline keeps running. The criminal case can take many months. You cannot pause the civil statute waiting for a criminal verdict.
A criminal conviction is not required. Even a not-guilty verdict in the criminal case (which uses a higher standard of proof) does not by itself end the civil case.

One coordination point: the criminal defendant may invoke the Fifth Amendment in civil deposition if the criminal case is pending. Your lawyer plans around that, often by deposing police officers, EMTs, bar staff, and witnesses first, and saving the defendant driver for after the criminal case resolves when appropriate.

How a Peoria drunk-driver injury lawyer builds your case

A Peoria injury lawyer’s job is to identify every available recovery source and document damages supported by the record. Here’s what that often looks like from intake to resolution in a central-Illinois drunk-driving case.

Preserve evidence early. Written preservation requests to bars, insurers, and agencies; spoliation letters where appropriate. Subpoenas and formal discovery follow once suit is filed.
Open every insurance file. Identify the driver’s bodily-injury policy, any proved dram-shop policy, commercial-auto coverage if the driver was on the job, and your own UM/UIM coverage. Read every policy.
Coordinate records. Treatment choices remain yours. When we represent you, we work to obtain complete records from the providers you use so mechanism of injury and symptoms are documented.
Build a damages package. Specials (medical bills and wages), a narrative of how the injury changed daily life, treating-physician opinions when available, and any punitive motion supported by the record.
File suit when negotiation stalls. Many claims settle before trial, but fair value often requires a filed complaint in the Tenth Judicial Circuit or the county where the crash occurred.
Try the case when necessary. Central-Illinois juries decide on the specific facts presented; trial outcomes influence later settlements but do not guarantee any particular number.

Parker & Parker Attorneys at Law is a Peoria personal-injury practice founded by Drew Parker, who is now retired. Robert Parker leads the practice today, with Parker & Parker handling accepted cases as a firm. The firm’s documented central-Illinois trial history extends back over four decades across Peoria, Tazewell, Woodford, Knox, and McLean Counties.

If a drunk driver hit you anywhere in central Illinois, a Peoria personal injury attorney can review your options in a free consultation.

Hit by a Drunk Driver? Talk to a Lawyer Before You Talk to the Insurer.

Parker & Parker offers free, no-obligation consultations. Call 309-673-0069 or schedule a free consultation to discuss your case today.

Frequently Asked Questions

Can I sue a drunk driver in Illinois if I wasn’t seriously hurt?

Yes. Illinois law lets you recover for injury caused by another driver’s negligence, including soft-tissue injuries, whiplash, and aggravations of pre-existing conditions when proved. Case value depends on the full damages record, not on a diagnostic label alone. Punitive damages are not automatic in a lower-severity crash; they require willful and wanton conduct and the section 2-604.1 sequence when applicable.

What happens if the drunk driver dies in the crash?

You may still pursue a civil claim against the driver’s estate. Auto insurance may respond subject to the policy terms. If a licensed seller is proved under 6-21, the dram shop claim against the seller is a separate action with its own deadline and caps. The case proceeds against the estate’s representative when probate is required.

Does my own insurance go up if I file a claim against a drunk driver?

When you pursue the at-fault driver’s liability policy or a proved dram-shop policy, you are not making a claim on your own liability coverage. If you use your own uninsured or underinsured motorist coverage, renewal premium is controlled by the policy and the insurer’s filed rates; a not-at-fault crash does not, by itself, decide the next premium. If your carrier raises your rate or changes your policy after a UM/UIM claim, ask for the reason in writing and review the policy and filing.

What if I had been drinking too, does that kill my case?

Not automatically. Under 735 ILCS 5/2-1116, the plaintiff is barred if the trier of fact finds the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury; if the plaintiff’s fault is not more than 50%, damages are reduced in proportion to the plaintiff’s fault. The other driver’s DUI does not by itself fix those percentages. Even if you were a passenger who knowingly rode with an impaired driver, you may still have a claim; the analysis is fact-specific.

How much does a Peoria personal injury lawyer cost up front?

Nothing for the initial consultation. On accepted cases Parker & Parker uses a flat one-third contingency fee before or after suit or trial, with no attorney fee and no costs if there is no recovery. Costs such as filing fees, experts, and depositions are advanced by the firm and reimbursed from any recovery when there is one. See what a personal injury lawyer does and how fees work for the full policy description.

Can I bring a wrongful-death claim if a drunk driver killed my family member?

Yes. A wrongful-death action under 740 ILCS 180/2 is brought by the personal representative for the surviving spouse and next of kin. A separate survival action under 755 ILCS 5/27-6 may cover damages the deceased could have recovered before death. Wrongful-death commencement generally follows section 180/2(d), with subsection (e) exceptions and subsection (f) for certain beneficiaries under 18. Dram-shop loss-of-means-of-support claims under 6-21 remain subject to the one-year accrual bar in that section.

Do I need to live in Peoria to hire a Peoria injury lawyer?

No. Parker & Parker handles drunk-driving cases throughout central and north-central Illinois, including Peoria, Tazewell, Woodford, Knox, McLean, Marshall, Stark, McDonough, and surrounding counties. Most cases are filed in the county where the crash happened, regardless of where you live.