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Can I Sue for Injuries Caused by a Drunk Driver in Illinois?
Being hit by a drunk driver can turn your life upside down in seconds. One minute you’re driving home from work, the next you’re dealing with injuries, medical bills, and a damaged car.
If you’ve been hurt by a drunk driver in Illinois, you might be wondering if you can sue for your injuries. The short answer is yes, and you have several options to get the money you need to recover.
Yes, You Can Sue a Drunk Driver for Your Injuries
If a drunk driver has caused you harm, Illinois law gives you the right to sue them for compensation. Driving under the influence is not just against the law—it’s a clear case of negligence that puts others at risk. When that negligence leads to your injuries, you have every right to hold the drunk driver responsible.
A lawsuit against a drunk driver can help you recover money for medical bills, lost wages, car repairs, and pain you’ve suffered. While the drunk driver may face criminal charges under 625 ILCS 5/11-501, those won’t pay for your expenses. A civil lawsuit is your path to getting the money you need to put your life back together.
What Happens After a Drunk Driving Accident
When you’re in an accident with a drunk driver, things often happen quickly:
- Police arrive at the scene
- They may test the other driver for alcohol
- You might need medical care right away
- Your car may need repairs or replacement
- Insurance companies start calling
While the drunk driver might face criminal charges, these won’t pay for your medical bills or lost wages. To get money for your injuries and losses, you’ll need to take separate steps.
Your Options After Being Hit by a Drunk Driver
After a drunk driving crash, you have several ways to seek compensation for your injuries.
Filing an Insurance Claim
The first step is usually to file a claim with the drunk driver’s insurance company. Illinois is an “at-fault” state, which means the person who caused the accident must pay for the damages under 625 ILCS 5/7-601.
However, insurance companies sometimes try to avoid paying claims when their driver was drunk. They might offer you much less than you deserve or even deny your claim completely.
Filing a Personal Injury Lawsuit
If the insurance company doesn’t offer a fair settlement, you can take the drunk driver to court. Through a personal injury lawsuit, you can ask for money to cover:
- Medical bills (both current and future)
- Lost wages if you can’t work
- Car repair or replacement costs
- Pain and suffering
- Other costs related to your injuries
In Illinois, you have two years from the date of the accident to file a lawsuit under 735 ILCS 5/13-202. If you wait longer than that, you might lose your right to sue.
Proving the Driver Was Drunk
To win your case, you’ll need to show that the other driver was at fault. If the driver was drunk, this makes proving fault much easier, but you’ll still need evidence.
Good evidence includes:
- Police reports showing the driver was drunk
- Blood alcohol test results
- Witness statements about the driver’s behavior
- Photos or videos from the accident scene
- Your medical records linking your injuries to the crash
Even without a DUI arrest, an attorney can help gather evidence that the driver was drunk. This might include:
- Security camera footage showing erratic driving
- Empty bottles in the driver’s car
- Receipts from bars or restaurants
- Testimony from people who saw the driver drinking
The more evidence you have of the driver’s intoxication, the stronger your case will be.
What if the Drunk Driver Doesn’t Have Insurance?
If the driver who hit you doesn’t have insurance (or not enough), you still have options:
- Your own insurance: If you have uninsured/underinsured motorist coverage (which is required in Illinois under 215 ILCS 5/143a), your insurance can help pay for your injuries.
- Sue the driver personally: You can sue the drunk driver directly, but keep in mind that they might not have the money to pay you.
- Dram shop liability: In some cases, you can sue the bar, restaurant, or store that served alcohol to the driver if they were already visibly drunk under the Illinois Liquor Control Act (235 ILCS 5/6-21).
An experienced attorney can help you find all possible sources of payment for your injuries.
What Compensation Can I Receive?
If you win your case against a drunk driver, you may receive money for:
- All medical treatment costs
- Lost income from missed work
- Future medical care you’ll need
- Pain and suffering
- Car repair or replacement
- Other out-of-pocket costs
In cases involving drunk drivers, you might also receive “punitive damages“—extra money meant to punish the driver for their dangerous choice to drive while drunk.
How Comparative Fault Works in Illinois
Even if the other driver was drunk, the insurance company might try to say you were partly at fault for the accident.
Under Illinois law, if you’re found to be more than 50% at fault, you cannot recover any money. If you’re less than 50% at fault, your compensation will be reduced by your percentage of fault.
For example, if you’re awarded $100,000 but found to be 20% at fault, you would receive $80,000.
Why You Need a Lawyer After a Drunk Driving Accident
Dealing with the aftermath of a drunk driving accident is hard, especially when you’re trying to heal from injuries. A personal injury lawyer can help by:
- Gathering evidence about the drunk driver
- Talking to the insurance companies for you
- Making sure you don’t miss important deadlines
- Calculating the true value of your claim
- Fighting for the full amount you deserve
- Reducing your medical bills and liens
- Taking your case to court if needed
Most importantly, having a lawyer lets you focus on your recovery while they handle the legal work.
Frequently Asked Questions About Drunk Driving Accident Cases
How long does a drunk driving lawsuit take in Illinois?
Most drunk driving injury cases take between 6-18 months to resolve. Simple cases might settle in a few months, while complex cases with serious injuries can take 1-2 years. If the drunk driver’s guilt is clear, this can speed up the process. Your lawyer can give you a better timeline based on your specific situation.
Can I still sue if the drunk driver wasn’t convicted of DUI?
Yes. A civil lawsuit uses a “preponderance of evidence” standard, which is lower than the “beyond a reasonable doubt” standard in criminal cases. Even if the driver wasn’t convicted of DUI, you can still win your civil case by showing it’s more likely than not that they were drunk and caused your injuries.
Will my health insurance cover my medical bills after a drunk driving accident?
Your health insurance will likely cover your initial medical bills, but they may place a “lien” on your settlement. This means you’ll need to pay them back if you receive money from the drunk driver or their insurance. Your attorney can often negotiate to reduce these liens, letting you keep more of your settlement.
What if the drunk driver who hit me was in a company vehicle?
If the drunk driver was working at the time of the accident, you may be able to sue their employer under a legal theory called “respondeat superior.” Companies often have much larger insurance policies than individuals, which could mean more money for your injuries. This can apply even if the employee wasn’t supposed to be drinking.
Take Action After a Drunk Driving Accident
If you or a loved one has been hurt by a drunk driver in Illinois, Onward Accident & Injury Law can help. We have offices across Central Illinois and years of experience helping people just like you.
Contact us today for a free, no-obligation consultation about your case. We’ll answer your questions, explain your options, and help you decide what to do next.
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