Drunk driving accidents can cause serious injuries, permanent disabilities, and fatalities. When another driver’s alcohol impairment causes a crash, the injured person may face medical bills, lost income, vehicle damage, and other losses that were not their fault.
A drunk driving accident can support a personal injury claim when the evidence shows that the impaired driver’s conduct caused the crash and resulting injuries. The fact that the driver was arrested or charged with DUI can also be important evidence, but a criminal conviction is not required to pursue compensation.
If you or a loved one was injured in a crash involving a drunk driver in Illinois, understanding what to do after the accident and how a personal injury claim works can help protect your rights.
Illinois law prohibits driving under the influence of alcohol or other intoxicating substances. For most adult drivers, a blood alcohol concentration (BAC) of 0.08 or higher is considered evidence of intoxication. A driver can also face a DUI charge when their ability to drive is impaired by alcohol, even if their BAC is below 0.08.
Illinois has additional restrictions for drivers under 21. The state’s zero-tolerance law generally makes it unlawful for a driver under 21 to operate a vehicle with any detectable alcohol in their system.
DUI penalties can become more serious when a driver causes injuries or death. However, the criminal penalties imposed on the drunk driver are separate from a civil personal injury claim brought by someone injured in the crash.
The steps taken immediately after a crash can affect both your health and your ability to establish what happened. Prompt medical care can document injuries that may not be immediately apparent, while information gathered at the scene can help establish how the collision occurred. It is also important to be cautious when speaking with the other driver’s insurance company before you understand your legal options.
Call 911 and tell the dispatcher that there has been a crash and that you suspect the other driver may be impaired. Police can investigate the scene, document the collision, speak with witnesses, and determine whether the other driver should be arrested or cited.
If you believe the other driver was drinking, do not confront them or attempt to investigate their condition yourself. Let law enforcement handle the investigation.
The police report may become important evidence in a later personal injury claim, particularly if the responding officers document signs of impairment, statements made at the scene, or the results of field sobriety or chemical testing.
Seek medical care as soon as possible after the accident, even if you initially feel fine. The effects of adrenaline can make some injuries less noticeable immediately after a collision.
Prompt medical treatment also creates documentation connecting your injuries to the crash. Follow your healthcare provider’s recommendations and keep records of your appointments, medical bills, prescriptions, and other treatment-related expenses.
If you can safely do so, take photographs of the vehicles, the accident scene, road conditions, traffic signals, visible injuries, and any other evidence that may help explain how the collision occurred.
Get the names and contact information of witnesses. Do not put yourself in danger to gather evidence, and do not confront the other driver about whether they were drinking.
The at-fault driver’s insurance company may contact you soon after the crash. An adjuster may ask for a recorded statement, request information about your injuries, or make an early settlement offer.
You should not feel pressured to provide a recorded statement before understanding your rights. Speak with a personal injury lawyer before making statements to the other driver’s insurer or accepting a settlement.
An injured person may be able to file a personal injury lawsuit against a drunk driver when the driver’s conduct caused the crash and resulting injuries.
Illinois follows a modified comparative negligence system. This means an injured person who is 50% or less responsible for an accident can generally recover damages, though the recovery is reduced by their percentage of fault. A person whose responsibility is more than 50% generally cannot recover damages.
In a drunk driving case, the evidence may show that the impaired driver’s conduct was a substantial cause of the collision. However, the driver’s intoxication does not eliminate the need to establish liability and damages in the civil case.
A DUI arrest, charge, or conviction can provide important evidence in a personal injury case, but these are not interchangeable. If the other driver is convicted of DUI, the conviction may support the argument that the driver was unlawfully impaired. Evidence from the criminal investigation may also provide information about the driver’s BAC, statements made to police, chemical testing, or other circumstances surrounding the crash.
A DUI conviction is not required to bring a personal injury claim. The civil case is separate from the criminal prosecution, and an injured person should not wait for the criminal case to end before beginning an investigation into their own claim.
You may still have a valid personal injury claim even if the other driver was not convicted of DUI. A criminal case and a civil injury claim have different purposes and standards. The absence of a DUI conviction does not necessarily mean the driver was not impaired or responsible for causing the crash.
Other evidence may establish what happened, including police reports, witness statements, photographs, video footage, medical records, toxicology or chemical testing, vehicle damage, and statements made by the driver. An attorney can investigate the available evidence rather than relying solely on the outcome of the criminal case.
You may be able to pursue a claim against the at-fault driver’s liability insurance after a drunk driving accident. Depending on the circumstances, you may also have a claim under your own uninsured or underinsured motorist coverage.
The amount of insurance available can become particularly important when a drunk driver causes serious injuries. Medical expenses, lost income, future treatment, and other damages can exceed the driver’s policy limits.
The insurance company may investigate the claim and attempt to resolve it through a settlement. Before accepting an offer, it is important to understand the full extent of your injuries and losses because accepting a settlement generally prevents you from seeking additional compensation for the same claim.
The compensation available depends on the injuries and losses caused by the crash. A personal injury claim may seek compensation for:
Serious injuries may require ongoing treatment long after the initial accident. Before resolving a claim, it is therefore important to understand not only the medical expenses already incurred but also the potential costs and consequences of future treatment.
If a drunk driving accident results in a death, surviving family members may also have a wrongful death claim under Illinois law.
Illinois’s statute of limitations generally gives an injured person two years from the date of an accident to file a personal injury lawsuit under 735 ILCS 5/13-202.
There can be exceptions depending on the circumstances of the case and the identity of the potentially responsible party. Different deadlines may also apply to claims involving governmental entities.
Because missing the applicable deadline can prevent an injured person from recovering compensation through a lawsuit, it is important to speak with an attorney well before the limitations period expires.
Evidence from the crash investigation can help establish that the other driver was impaired and that the impairment contributed to the accident.
Depending on the circumstances, useful evidence may include:
Evidence should be gathered as early as possible. Witnesses may become difficult to locate, surveillance footage may not be retained indefinitely, and other evidence can become harder to obtain as time passes.
An insurance company may make a settlement offer soon after a crash, sometimes before the injured person knows how serious or long-lasting their injuries will be.
An early settlement may cover some immediate expenses while failing to account for future medical care, lost earning capacity, permanent injuries, or other damages. Once a settlement is accepted and a release is signed, the injured person may lose the right to pursue additional compensation.
Before accepting an offer, have it reviewed by a personal injury lawyer who can evaluate the available evidence, your medical condition, and the potential value of the claim.
A drunk driving accident claim may require more than proving that the other driver was intoxicated. The investigation must also establish how the crash occurred, who was responsible, the extent of the injuries, and the full amount of the resulting losses.
Staver Accident Injury Lawyers can investigate the accident, collect evidence, communicate with insurance companies, and pursue compensation for injured clients. The firm can also work with experts when accident reconstruction or other specialized evidence is needed.
Having an attorney involved early can also help prevent the insurance company from defining the claim before all of the evidence has been gathered.
Not automatically. You still need to establish that the driver’s conduct caused the accident and that the accident caused your injuries and losses. Evidence of intoxication can be important, but liability is determined based on the circumstances and evidence in the case.
Possibly. Illinois generally allows recovery when an injured person’s share of fault is 50% or less, although the amount recovered is reduced by that percentage. If the injured person’s fault is more than 50%, recovery is generally barred.
If the driver’s liability coverage is insufficient to compensate you for your injuries, your own uninsured or underinsured motorist coverage may provide another potential source of compensation, depending on your policy and the circumstances. An attorney can review the available insurance coverage and determine what claims may be available.
In some circumstances, Illinois law may allow a claim under the state’s Dram Shop Act when alcohol is provided to an intoxicated person and the statutory requirements are met. These claims have specific requirements and limitations, so an attorney should review the circumstances of the accident before determining whether a claim may exist.
A hit-and-run does not necessarily prevent you from recovering compensation. Depending on the circumstances and available insurance coverage, you may have a claim under your own uninsured motorist coverage. Reporting the crash promptly and preserving evidence can be particularly important in these cases.
Staver handles qualifying personal injury cases on a contingency-fee basis. That means there is no attorney fee unless the firm recovers compensation for the client. The specific fee arrangement can be explained during a free consultation.
A drunk driving accident can leave an injured person dealing with medical treatment, lost income, property damage, and uncertainty about what happens next. The fact that the other driver was intoxicated may provide important evidence, but building a personal injury claim still requires a thorough investigation.
Staver Accident Injury Lawyers can investigate the crash, handle communications with the insurance companies, and pursue the compensation available under Illinois law.
If you or a loved one was injured in a drunk driving accident, contact Staver Accident Injury Lawyers for a free consultation. Call 312-236-2900 or use the contact form to get started.
When you’re fighting for maximum compensation, we know what it takes to get it.
