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

If you were hit by a driver you believe was drunk, it can leave you shaken, angry, and confused all at once.

In the moment, it’s hard to think clearly. 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.

Step one is always safety and medical care

Your body may not “feel” injured right away. Shock and adrenaline can hide pain.

Some crash injuries also show up later, especially after a hard impact (which is common in drunk-driving crashes). You might feel worse the next day, or even several days later.

If you have any doubt, get checked out. It helps your health, and it also creates a medical record that connects your symptoms to the crash.

Delayed symptoms are common after serious impacts

Drunk drivers may speed, drift across lanes, run lights, or drive the wrong way. Those behaviors can cause violent forces on your neck, back, and head.

People often notice symptoms later like headaches, dizziness, neck stiffness, shoulder pain, low back pain, numbness or tingling, and sleep problems.

If a child was in the car, take symptoms seriously even if the child seems “fine.” Kids may not describe pain clearly.

Red-flag symptoms that should be checked right away

• Loss of consciousness, confusion, or trouble staying awake
• Worsening headache, repeated vomiting, or new dizziness
• Chest pain, shortness of breath, or coughing blood
• New weakness, numbness, or trouble walking
• Severe belly pain, swelling, or feeling faint
• Heavy bleeding or obvious deformity

If you’re unsure, it’s okay to call your doctor, go to urgent care, or go to the ER. Getting answers is better than guessing.

Call the police and tell them you suspect impairment

After a crash, call 911. Ask for police and medical help.

If you believe the other driver is impaired, tell the officer what you observed. 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.

A DUI charge is not the same thing as an injury claim

Many families are surprised to learn this.

The DUI case is a criminal case. It 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. 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

Most injury claims still come down to basic 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.

Driving under the influence is often strong evidence of unsafe driving. But the details of the crash still matter, especially when insurance companies get involved.

Comparative negligence: what if you were partly at fault?

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.

Illinois uses a form of comparative negligence. In simple terms:

If you are found partly at fault, your compensation can be reduced by your percentage of fault.

If you are found mostly at fault, you may be barred from recovering.

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.

Why drunk-driving crashes often lead to “bigger” injury issues

Not every crash is the same.

Suspected drunk-driving crashes often involve higher speeds, late braking, or unusual crash patterns like wrong-way impacts. Those forces can increase the risk of serious injuries.

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, insurance companies still “audit” your claim. They look for reasons to pay less.

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.

You can’t control every argument the other side makes. But you can control your documentation, your follow-up care, and the accuracy of the story you tell from the beginning.

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 people commonly ask about:

Punitive damages

In some situations, Illinois law may allow punitive damages when conduct is especially reckless. A DUI-related crash can raise that issue, but it depends on the details and it is never automatic.

Other responsible parties

In some cases, there may be questions about whether another party shares responsibility (for example, issues related to vehicle ownership, employment driving, or alcohol service). Not every case fits this, but it’s something that can be evaluated.

Uninsured or underinsured drivers

Sadly, some impaired drivers have little or no insurance, or they carry only minimum limits.

That may bring your own uninsured/underinsured motorist coverage into the picture. This is a big reason to be careful before signing releases or settling quickly.

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. 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

If you want more general information about injury claims after a crash (medical proof, insurance steps, and how cases are evaluated), you can read here: Car Accidents.

Talk to Parker & Parker

If you were hurt in a suspected drunk-driving crash in Peoria or Central Illinois, Parker & Parker Attorneys at Law can help you understand what matters next and what information is most important to gather.

We can also step in to handle insurance communications so you can focus on medical care and recovery.

Frequently Asked Questions

Is the drunk driver automatically at fault in Illinois?

Not automatically. DUI evidence is important, but an injury claim still needs to show how the other driver’s unsafe behavior caused the crash and caused your injuries.

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.

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

That’s common after crashes. Get checked out as soon as you can and tell the provider your symptoms and when they started. Follow-up care also helps create a clear medical record.

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

Illinois uses comparative negligence. Your compensation can be reduced by your share of fault, and being mostly at fault can bar recovery. Evidence and careful documentation can make a big difference.

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

Many insurers ask for recorded statements early. Before you do that, it’s smart to understand your injuries and review the basic facts (like the crash report). You can also speak with a lawyer first.

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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• Sideswipe Collisions in Illinois: Who Is at Fault?
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