Passengers Injured by Drunk Drivers in Illinois: Your Legal Options

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If you were a passenger in a vehicle involved in a drunk driving accident in Illinois — whether you were riding with the intoxicated driver or in an innocent vehicle struck by one — you have strong legal rights to compensation. Passengers are almost never at fault for causing an accident, which puts you in a favorable position to recover damages.

Passengers in the Drunk Driver’s Vehicle

Many passengers are reluctant to file claims because the drunk driver was a friend, family member, or romantic partner. But it’s important to understand that you are filing a claim against an insurance policy, not against the person. The drunk driver’s auto liability insurance exists specifically to cover injuries to others — including passengers.

As a passenger in the drunk driver’s vehicle, you have a straightforward negligence claim. The driver chose to operate the vehicle while impaired, putting you at risk. You were not in control of the vehicle and bear no responsibility for the crash. Illinois’s comparative fault law (735 ILCS 5/2-1116) may reduce your recovery only if you knowingly got into a car with someone you knew was dangerously intoxicated — and even then, the reduction is proportional, not a complete bar.

Passengers in the Other Vehicle

If you were a passenger in a vehicle that was struck by a drunk driver, your claim is even more clear-cut. You have no fault in the accident whatsoever. You can pursue a claim against the drunk driver’s insurance, and if that coverage is insufficient, you may be able to access your driver’s UM/UIM coverage or your own UM/UIM policy.

Multiple Sources of Compensation for Passengers

Passengers in drunk driving accidents often have access to more insurance coverage than they realize. The drunk driver’s liability policy is the primary source. If the drunk driver was uninsured or underinsured, the driver of the vehicle you were riding in may have UM/UIM coverage that applies. Your own auto insurance policy’s UM/UIM coverage may also apply, even though you weren’t driving. Medical payments (MedPay) coverage on any applicable auto policy can cover immediate medical expenses regardless of fault. And if a bar or restaurant over-served the drunk driver, a dram shop claim adds another source of recovery.

What If You Knew the Driver Was Drunk?

Insurance companies sometimes argue that a passenger who voluntarily got into a car with a known drunk driver assumed the risk. Illinois does not recognize assumption of risk as a complete defense in negligence cases. Instead, any responsibility attributed to you is handled through comparative fault. Even if a jury finds you 20% at fault for knowingly riding with an impaired driver, you still recover 80% of your damages under Illinois’s modified comparative fault system.

Rideshare Passengers and Drunk Driving

If your Uber or Lyft driver was intoxicated and caused an accident, the rideshare company’s commercial insurance policy applies. Uber and Lyft carry $1 million liability policies that cover passengers during active rides. Additionally, you may have claims against the driver personally and potentially against the rideshare company for negligent screening or supervision.

Passengers injured in drunk driving accidents in the Peoria area should contact the personal injury attorneys at Parker & Parker for a free consultation to understand all available sources of compensation.

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 friend or family member who was driving drunk when I was injured?

Yes, and you should. The claim is against their insurance policy, not their personal assets. Auto liability insurance exists to cover injuries to passengers and others. Filing a claim is the only way to get your medical bills and other losses covered.

Will my recovery be reduced if I knew the driver was drunk?

Possibly, but not eliminated. Illinois uses comparative fault — if you knowingly rode with an impaired driver, a jury may assign you a percentage of fault, which proportionally reduces your recovery. But even with some shared fault, you still recover the remainder of your damages.

What insurance covers a passenger in a drunk driving accident?

Multiple policies may apply: the drunk driver’s liability insurance, UM/UIM coverage on the vehicle you were in, your own auto policy’s UM/UIM coverage, MedPay on any applicable policy, and potentially dram shop insurance if a bar over-served the driver.

Can a rideshare passenger sue if the Uber or Lyft driver was drunk?

Yes. Rideshare companies carry $1 million liability policies covering passengers during active rides. You can also pursue claims against the driver personally and potentially the rideshare company for negligent hiring or screening.