What Should I Do If I Am In A Car Accident with a Drunk Driver?

Last Updated: September 15, 2026

If a drunk driver hit you, call 911, tell the officer what you saw, get medical care even if you feel fine, and save photos, witness names, and the report number. The State handles the DUI charge. Your Illinois injury claim against the driver is a separate civil case; punitive damages are possible only after a judge allows them.

If you are in a car accident with a drunk driver, call 911, tell the responding officer you suspect impairment, get medical care even if you feel fine, and save evidence such as photos, witness names, and the police report number.

Being hit by a driver you believe was drunk can leave you shaken, angry, and confused all at once. But what you do in the first hours and days can protect your health and also protect your ability to get your medical bills and losses covered.

This guide is written for people in Peoria and Central Illinois who are trying to figure out what to do next after a suspected drunk-driving crash.

What is step one after a crash with a drunk driver?

Step one is safety and medical care. Many people feel fine at the scene and feel worse the next day. The CDC says some concussion symptoms may appear right away and others may not appear for hours or days after the injury, and MedlinePlus says pain and stiffness from whiplash are often present for the first few days.

If you have any doubt, get checked. The visit puts your symptoms, and the day they began, in a medical record, and the claim is built from those records.

Symptoms that can begin after the day of the crash

MedlinePlus describes whiplash as a strain of the muscles and ligaments of the neck, with pain that can also be felt in the head, chest, shoulders, and arms.

Tell the doctor about every symptom, whether it began at the scene or afterward: headaches, dizziness, neck stiffness, shoulder pain, low back pain, numbness or tingling, and sleep problems.

If a child was in the car, have the child checked too, and call 911 or go to the emergency room right away if the child shows any of the adult danger signs below, will not stop crying, or will not nurse or eat.

Signs that call for emergency care now

The CDC lists these danger signs in adults on its concussion and traumatic brain injury page. Any one of them means the emergency room or 911, now:

• A headache that gets worse and does not go away
• Weakness, numbness, decreased coordination, convulsions, or seizures
• Repeated vomiting
• Slurred speech or unusual behavior
• One pupil larger than the other
• Not recognizing people or places, or being confused, restless, or agitated
• Passing out, looking very drowsy, or being impossible to wake

MedlinePlus adds warning signs of any medical emergency, including breathing problems, chest pain lasting two minutes or more, coughing up or vomiting blood, severe belly pain or pressure, sudden severe pain anywhere in the body, sudden dizziness, weakness, or a change in vision, bleeding that will not stop, and a head or spine injury. A belt bruise across the abdomen can accompany an internal injury, so it needs a medical check, and MedlinePlus says to get medical help right away for sudden sharp belly pain or a belly that is tender, rigid, or hard to the touch. If none of these fits and you are still unsure, call your doctor or go to urgent care.

Should I tell police the driver seemed drunk?

Yes. If you believe the other driver is impaired, tell the officer what you observed. After any crash in Illinois, call 911 and ask for police and medical help.

Stick to facts, like swerving, speeding up and slowing down, running a light, slurred speech, or the smell of alcohol.

The police report can become a key piece of evidence later. It may also document field sobriety testing, citations, witness names, and what each driver said at the scene.

If officers do not come to the scene, ask how to file a crash report in your area as soon as you can.

Illinois DUI basics (in plain English)

In Illinois, the legal limit for most adult drivers is a blood alcohol concentration (BAC) of 0.08.

But a person can still be arrested and charged with DUI even below 0.08 if their driving is impaired.

One important point: the other driver being drunk does not automatically prove every part of a civil injury case. You still need to show that the driver’s unsafe choices caused the crash and that you were harmed.

Is a DUI charge the same thing as an injury claim?

No. A DUI charge is a criminal case brought by the State. Your injury claim is a separate civil case against the driver; the driver’s insurer usually handles the negotiation and pays a settlement or judgment, and if a lawsuit is filed, it is filed against the driver.

The DUI case focuses on punishing the impaired driver and protecting the public.

Your injury claim is a civil case. It focuses on paying for the harm you suffered, like medical bills, lost income, and how the injury changed your daily life.

They can move at different speeds. Sometimes the criminal case helps because it creates evidence. Other times you still need to build the proof through medical records and crash documentation.

What to save after a drunk-driving crash

Try to gather and save what you can as early as you can. In Illinois injury claims, small details often matter later.

• Photos of vehicle damage, the roadway, skid marks, debris, and traffic signals
• Photos of visible injuries and bruising (then take follow-up photos as bruising changes)
• Names and phone numbers for witnesses
• The police report number and the agency that responded
• Medical paperwork (ER/urgent care notes, discharge instructions, follow-up visits)
• A simple daily note of symptoms, sleep problems, and activities you can’t do

If your car has dashcam footage, save a copy. If nearby businesses or homes might have video, it’s worth making a note of where they were while the memory is fresh.

What “fault” means in an Illinois crash case

An injury claim against a driver comes down to negligence. That means showing:

A driver had a duty to drive safely.

The driver breached that duty (for example, by running a light, drifting lanes, or driving while impaired).

The breach caused the crash.

You suffered damages, like injuries, medical bills, lost work, or other losses.

Evidence that the driver was drunk supports the claim that the driving was unsafe, and the details of the crash still matter once the driver’s insurer reviews the claim.

Comparative negligence: what if you were partly at fault?

Illinois uses modified comparative negligence. In simple terms: your compensation is reduced by your percentage of fault, and if you are found more than 50% at fault, you are barred from recovering.

Insurance companies sometimes argue the injured person shares blame, even when the other driver was drunk. For example, they might claim you were speeding, distracted, or “should have avoided” the crash.

This is one reason documentation matters. It is also why it can be helpful to avoid guessing about speed or distance when you are still rattled.

If distracted driving is being blamed in your situation, you may find this related post helpful: More needed to stem tide of distracted driving.

Does the way the crash happened matter?

Yes. How the crash happened (a wrong-way impact, a rear-end hit at a stop, a driver drifting across the center line) is part of the proof that the driver’s unsafe driving caused the crash and your injuries, so photos of the scene and the positions of the cars matter.

If your crash involved a wrong-way driver, this may be helpful background reading: Wrong-way accidents: causes, dangers, and injuries.

What insurance companies often look for in DUI-related injury claims

Even when a driver is arrested for DUI, the driver’s insurer still reviews your claim and may raise arguments against parts of it.

Common arguments include:

You “waited too long” to get medical care.

Your injuries are “pre-existing.”

The crash was “low impact” so you “couldn’t” be hurt.

You must be better because you stopped treatment.

You were partly at fault.

Records and the reasons behind any delay answer these arguments. Keep every record of the care you receive, and keep the account you give consistent from the first day; treatment decisions belong to you and your providers. Robert Parker can take over the insurance communications for you.

Are there extra legal issues when the driver was drunk?

Sometimes, yes.

Depending on the facts, a drunk-driving case may involve issues beyond a normal crash claim. Here are a few examples:

Punitive damages

Punitive damages are money awarded to punish conduct the law calls willful and wanton, and they come on top of payment for your losses. They are possible against a drunk driver who hurt you or killed a family member, but only after a judge allows them. Insurance usually does not pay punitive damages, so they matter most when the driver has assets of their own.

Other responsible parties

Whether anyone besides the driver shares responsibility depends on the facts and can be evaluated. A claim under the Illinois Dram Shop Act must be filed within one year. It reaches a bar, restaurant, or store that sold or gave the driver alcohol that caused the intoxication, meaning the drinks were a real, substantial part of getting the driver drunk (235 ILCS 5/6-21); our dram shop guide covers the one-year deadline.

Uninsured or underinsured drivers

Some impaired drivers have little or no insurance, or they carry only the state minimum limits.

Your own policy’s uninsured motorist coverage, and its underinsured motorist coverage if the policy includes it (coverage on your own policy that fills the gap when the other driver’s insurance is lower than your own limit), may then apply. Underinsured motorist coverage has notice rules, so tell your lawyer before you sign a release (the settlement paper the insurer asks you to sign) or accept any settlement from the other driver’s insurer.

What if the crash caused a death?

If you lost a loved one in a drunk-driving crash, you may be dealing with grief while also getting calls from insurers.

Illinois wrongful death claims have their own rules and timelines. Under the Illinois Wrongful Death Act, a claim generally must be filed within two years of the death, so waiting too long can cost a family the right to recover. If you are in that situation, this page may help as a starting point: Wrongful Death.

Where to learn more about car accident injury claims

Injury claims after a crash usually turn on three things: medical proof that connects the injury to the collision, careful handling of the insurance steps, and an honest evaluation of what the case is worth. For a deeper walk-through of each, see our Car Accidents practice page.

Talk to Parker & Parker

If a driver you believe was drunk hit you in Peoria or central Illinois, or you are calling for a family member who was hurt, call Parker & Parker at 309-673-0069 and describe the crash, what hurts now, and what any insurer has asked you to do. You can call before you have the police report or a claim number.

Robert Parker reviews the claim, and the office can take over the insurance communications so you can focus on medical care. The consultation is free, and the firm handles injury cases on a one-third contingency fee, so there is no attorney fee unless the firm recovers for you.

Frequently Asked Questions

Is the drunk driver automatically at fault in Illinois?

No. DUI evidence helps, and an Illinois injury claim still needs to show that the other driver’s unsafe driving caused the crash and caused your injuries. The criminal DUI case and your civil claim are separate, so the police report, witness names, photos, and medical records are what connect the impaired driving to the harm you suffered.

Should I tell the officer I think the driver is drunk?

Yes. If you suspect impairment, tell the officer what you observed (facts like swerving, running a light, slurred speech, or the smell of alcohol). The police decide what testing is needed. In Illinois, the crash report and any field sobriety or BAC results can become key evidence in your injury claim later, so it is worth speaking up at the scene.

What if I felt fine at first, but now I’m in pain?

Feeling fine at the scene and hurting later is common after crashes. The CDC says some concussion symptoms may appear right away and others may not appear for hours or days after the injury, and MedlinePlus says whiplash pain and stiffness are often present for the first few days. Get checked as soon as you can, at the ER, urgent care, or your Peoria-area doctor, and tell the provider your symptoms and the day they started; the visit puts them in a medical record, and the claim is built from those records.

What if the insurance company says I was partly at fault?

Illinois uses modified comparative negligence (735 ILCS 5/2-1116): your compensation is reduced by your share of fault, and a share of more than 50 percent bars recovery. An adjuster (the insurance company’s claim handler) may argue you share fault even when the other driver was drunk. Photos, witness names, and the police report answer that argument.

Do I have to give a recorded statement to the other driver’s insurer?

No, you do not owe the other driver’s insurer a recorded statement (an interview the adjuster records and can quote back later). An adjuster may ask for one early, before you know the full extent of your injuries. Get advice first; Robert Parker can handle those communications for you. Requests from your own insurer are different: your own policy has cooperation duties, and refusing can put your own coverage at risk, so ask before you refuse or answer.

What if the drunk driver doesn’t have enough insurance?

Some cases involve minimum coverage or no coverage. Depending on your policy, uninsured/underinsured motorist coverage may apply. A lawyer can review the coverage issues and options.

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