Wrong-Way Drunk Driving Accidents in Illinois

Last Updated: October 24, 2026

A wrong-way crash is a civil injury claim. Contributory fault follows 735 ILCS 5/2-1116. The licensed-seller claim follows 235 ILCS 5/6-21. A death claim follows 740 ILCS 180/2.

A head-on crash can cause severe injury. The civil fault percentage is separate from that description.

Why a driver can enter the wrong way

Alcohol can affect how a driver reads an interchange, including the cloverleaf ramps on I-74 and I-474 near Peoria. Darkness and fatigue can be present at the same time. Those facts go to the crash. Section 2-1116 still measures contributory fault.

The impact

A wrong-way crash is often a head-on collision. The injuries can include a traumatic brain injury, a spinal cord injury, fractures, and internal injury.

Who may have to answer

Contributory fault of more than 50 percent bars recovery under section 2-1116. Otherwise the damages are reduced in proportion to that fault.

Every person who is injured in this State, in person or property, by an intoxicated person has a claim under section 6-21 against a person licensed under the laws of this State or of any other state to sell alcoholic liquor who, by selling or giving alcoholic liquor, causes the intoxication. The action is barred unless it is commenced within one year next after the cause of action accrued.

A civil action against a local public entity or its employee, other than the patient-care action in section 8-101(b), is commenced within one year from the date the injury was received or the cause of action accrued under 745 ILCS 10/8-101(a). That limit does not set a deadline for the State.

When someone dies

Under section 180/2(a), the action is brought by the personal representatives of the deceased person. Except as that section otherwise provides, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. The jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable.

Section 180/2 states that punitive damages are not available in an action for healing art malpractice or legal malpractice, or in an action against the State or a unit of local government or an employee of the State or an employee of a unit of local government in an official capacity.

Except as subsection (e) provides, every such action shall be commenced within two years after the death. Subsection (e) allows an action within five years after the death if the death is the result of violent intentional conduct, or within one year after the final disposition of the criminal case if the defendant is charged with a listed offense, including reckless homicide under Section 9-3 of the Criminal Code of 2012. That extension reaches only the individual who allegedly committed the violent intentional act or who was the defendant charged with a listed crime.

Evidence

Highway cameras, phone records, the vehicle event data recorder, receipts, and video from the last stop can matter, and some of that material is overwritten. Photograph the scene and the vehicles, and keep the names of witnesses.

If a wrong-way crash on I-74, I-474, or elsewhere in Central Illinois injured you or a family member, Parker & Parker can read the filing periods and the fault facts.

Injured? Get a Free Case Review.

Parker & Parker reviews personal injury claims for people in Peoria and across Central Illinois. Call 309-673-0069 or contact us online for a free consultation.

Frequently Asked Questions

What does the civil claim measure?

Contributory fault of more than 50 percent bars recovery under section 2-1116. Otherwise the damages are reduced in proportion to that fault.

What period applies to a local public entity?

Section 8-101(a) requires a civil action against a local public entity or its employee, other than the patient-care action in subsection (b), to be commenced within one year from the date the injury was received or the cause of action accrued. That limit does not set a deadline for the State.

What does the death statute provide?

Section 180/2(a) describes fair and just compensation with reference to the pecuniary injuries resulting from the death, including grief, sorrow, and mental suffering, and punitive damages when applicable. Punitive damages are not available against the State or a unit of local government, or in a healing-art or legal-malpractice action.

When do the filing periods run?

An injury action is generally commenced within two years next after the cause of action accrued under section 13-202. The licensed-seller action is barred unless commenced within one year next after accrual. The death action is generally commenced within two years after the death, with the subsection (e) extension against the charged individual.

If you or a loved one has been injured in a car accident, Parker & Parker can read the claim to help you pursue damages supported by the evidence.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

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