Chicago DUI Accident Lawyer

Recovering Compensation for DUI Victims in Chicago

A Chicago DUI accident lawyer can help guide you through the challenges you face after being injured by a drunk driver. If you or a loved one has been hurt in a drunk driving accident, you’re likely dealing with serious physical, emotional, and financial hardships.

Drunk driving remains a major problem in Illinois; alcohol-related crashes account for more than 20% of all vehicle accident injuries and about 1% of traffic fatalities statewide. In Chicago alone, intoxicated drivers cause hundreds of preventable injuries each year.

Recent Settlements

Our car accident law firm in Chicago has successfully recovered significant compensation for victims of DUI-related crashes, such as:

• $2,800,000 for the family of a passenger who was killed when an impaired driver crashed into a utility pole;
• $733,333 for a pedestrian who was hit by a drunk driver who ran a red light in downtown Chicago;
• $385,000 for a woman who suffered a herniated lumbar disc after being rear-ended at high speed by an impaired drunk driver.

Understanding Drunk Driving Laws in Illinois

Illinois law defines driving under the influence as operating a motor vehicle while impaired by alcohol, cannabis, prescription medications, or other controlled substances. While the legal limit for blood alcohol concentration (BAC) is 0.08%, motorists can still be arrested and convicted if their behavior suggests they were impaired, even with a lower BAC.

A driving under the influence conviction carries criminal penalties, but it can also strengthen your civil claim as the accident victim. Evidence from the criminal case, including BAC results, arrest records, and field sobriety tests, can help establish fault and support your right to compensation.

Defining Driving Under the Influence

In Illinois, a Blood Alcohol Content level of 0.08% or higher is considered legally impaired, but DUI charges can also result from cannabis, prescription drugs, or other substances.

Even if the driver’s BAC is below the legal limit, people showing signs of intoxication can face charges and be held liable for a drunk driving accident. State law allows prosecutors to pursue charges based on behavior, not just test results, helping prevent Chicago drunk driving accidents and related injuries.

Dram Shop Laws and Third-Party Liability

Illinois dram shop laws create an important avenue for victims of drunk driving accidents. If a bar, restaurant, or liquor store serves alcohol to someone who is clearly intoxicated, and that person causes an accident, the establishment may be held liable under 235 ILCS 5/6-21.

To bring a successful claim under the Dram Shop Act, you’ll need to work with a qualified dram shop liability lawyer in Chicago to show that the business provided the alcohol that led to the driver’s intoxication.

These cases can be complex, but they can also provide a critical source of compensation, especially when the drunk driver lacks sufficient insurance coverage. One of our Chicago drunk driving accident lawyers can help.

Pursuing Compensation After a Drunk Driving Accident in Chicago

Economic Damages

Drunk driving victims are often left with overwhelming medical expenses, from emergency room visits and surgeries to ongoing treatment and physical therapy. Compensation may be awarded to help you recover:

• Medical expenses (emergency care, hospitalization, ongoing treatment)
• Lost wages (past and future income if unable to work)
• Property damage (vehicle repairs and replacement)
• Funeral and burial costs in wrongful death cases

Non-Economic Damages

The impact of a drunk driving accident isn’t always visible. Many victims suffer from long-term physical pain, emotional distress, post-traumatic stress disorder (PTSD), and diminished quality of life.

Who Can Be Held Liable in a Chicago Drunk Driving Accident?

Liability in a DUI accident isn’t limited to the drunk driver. Depending on the circumstances, multiple parties may be held legally responsible.

The Drunk Driver

The intoxicated person operating a motor vehicle is the primary party responsible for the accident. Their decision to operate a vehicle while impaired puts everyone at risk and is the foundation for both criminal charges and civil claims.

How Does The Driver’s BAC Impact A Claim?

While a driver’s blood alcohol content (BAC) can strengthen your case following an accident, it doesn’t automatically guarantee that you’re entitled to compensation. Other forms, such as prescription or non-prescription drugs, may cause a driver to be impaired.

However, if the driver is convicted of drunk driving and has a criminal conviction as a result, your lawyer may argue negligence per se—a legal concept that presumes someone is negligent if they violated a safety law. This can make proving fault much easier in a civil case.

Bars, Restaurants, and Liquor Stores (Dram Shop Law Claims)

If a business continued to serve alcohol to someone who was already visibly intoxicated, and that person went on to cause a car accident, you may have a dram shop claim.

Under Illinois’ dram shop laws, these businesses have a legal duty not to over-serve their patrons. Victims can pursue compensation from both the drunk driver and the establishment that contributed to the DUI accident.

Employers of Drunk Drivers

If the drunk driver was on the job or driving a company vehicle at the time of the accident, their employer may also be held liable.

This can apply to delivery drivers, commercial vehicle operators, or anyone working while impaired. In such cases, employer negligence—such as failing to supervise or enforce safety policies—can be a major factor in your claim.

How Long Do You Have To File A Car Accident Claim?

Under 735 ILCS 5/13-202, the statute of limitations for claims from injuries caused by a crash is generally two years from the date of the accident. For property damage, the deadline is five years. If the crash resulted in a fatality, families have two years to file a wrongful death claim.

These legal limits on time are strict, so it’s important to act quickly and contact a reputable drunk driving accident lawyer as soon as possible to maximize your chances of winning the compensation you deserve.

How a Chicago DUI Accident Attorney Can Help Your Claim

Working with an experienced attorney can make all the difference in the outcome of your drunk driving accident case and help you get the maximum compensation you’re entitled to. Here’s how an attorney can support your case at every stage.

1. Gathering Evidence to Prove Liability

Your lawyer will collect and organise the evidence needed to demonstrate fault and the extent of your injuries or the culpability of a wrongful death claim following your car accident:

• Police reports documenting the incident, any injuries, and BAC levels;
• Breathalyzer results and toxicology reports;
• Witness statements that corroborate your version of events and identify the negligent driver;
• Video surveillance footage from traffic cameras or nearby businesses;
• Medical records showing the severity and impact of your injuries.

2. Negotiating With the Insurance Company

Insurance providers often try to settle quickly after your accident, and for less than your case is worth. In serious cases, like wrongful death claims or when the victim is suffering loss, this is not justice. A skilled DUI accident lawyer will:

• Handle all communication with the insurer.
• Push back against low offers or blame-shifting tactics.
• Present strong evidence to justify a fair settlement.
• Help you claim punitive damages if appropriate.
• Pursue the full value of medical bills, lost income, and suffering as a result of your injuries.

3. Filing a Lawsuit If Necessary

If negotiations stall or the insurer refuses to cooperate, your Chicago drunk driving accident lawyers can take legal action to:

• Prepare and file a civil lawsuit on your behalf.
• Represent you in court and present your case to a jury.
• Seek punitive damages in cases of extreme negligence.
• Fight for the highest possible compensation, even at trial.

What to Do After a Drunk Driving Accident in Chicago

Your actions immediately after an accident can influence your ability to recover damages later. If you’re able, take the following steps:

Call 911 and Report the Accident

Under state law, any car accident that results in injury, death, or over $1,500 in property damage must be reported to the police. A police report provides key documentation, including BAC levels and observations of the driver’s intoxication.

Seek Immediate Medical Attention

Some injuries don’t show symptoms right away after an accident. It’s always best to get checked by a doctor, even if you feel okay. Medical records documenting injuries serve as crucial evidence in your legal case.

Collect and Preserve Evidence

If you’re able, take photos of the DUI accident scene, vehicle damage, road conditions, and any visible injuries. Get contact details from witnesses and keep track of all medical visits, expenses, and insurance communication.

Contact a DUI Accident Lawyer

Before speaking with an insurance company, contact a drunk driving accident lawyer. Your lawyer will protect your rights, manage communication, and make sure you don’t accept a low settlement. They’ll guide you through every step of the legal process and work to recover the compensation you need to move forward.

How Illinois’ Comparative Negligence Laws Impact DUI Accident Claims

After a drunk driving accident, determining fault isn’t always black and white. In some cases, the victim may share some responsibility for the crash.

Illinois uses a legal principle called comparative negligence to address these situations. This means that even if you were partly at fault, you may still be able to claim damages, depending on your level of responsibility.

Comparative negligence laws can have a big impact on how much compensation you receive, so it’s important to understand how they work.

Can You Sue If You Were Partially At Fault?

Yes. Illinois law lets you recover compensation if you were less than 50% at fault. In a drunk driving accident, that means even if you share some blame, you can still file a claim:

• Your percentage of fault reduces your damages.
• If you’re 50% or more at fault, you can’t recover anything.

This rule helps fairly resolve drunk driving accident cases involving shared responsibility and serious injuries caused by a drunk driver.

Consult a Chicago DUI Accident Attorney Near You!

If a drunk driver in Chicago has injured you, don’t wait. At Rosenfeld Injury Lawyers, our Chicago car accident attorneys offer free case evaluations and work on a contingency basis, meaning you pay nothing upfront, and we only get paid if you win.

Call today to speak with a dedicated DUI accident lawyer and find out how we can help you recover damages, hold the negligent motorist accountable, and get your life back on track.Contact our law firm at (888) 424-5757 or through our contact form to discuss your legal options.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.