Chicago Drunk Driving Accident Lawyer – Get Fair Compensation After a DUI Crash
Being hit by a drunk driver can turn your life upside down. You’re dealing with injuries, medical bills, time off work, and the stress of recovery—all because someone made a reckless choice to drive under the influence.
If you or someone you love was injured in a drunk driving accident in Chicago, you have the right to seek compensation. A Chicago drunk driving accident lawyer can help you hold the at-fault driver accountable and recover the money you need to move forward.
Our team understands Illinois DUI laws and has helped countless victims of drunk driving crashes get the justice they deserve. We offer free consultations and work on a contingency fee basis—meaning you pay nothing unless we win your case.
Contact us today for a free case review
Chicago Drunk Driving Accident Lawyer: Fighting for Victims of DUI Crashes
Drunk driving accidents are different from typical car crashes. When a driver chooses to get behind the wheel while intoxicated, they’re not just careless—they’re breaking the law. This makes your injury claim stronger and can increase the compensation you’re entitled to receive.
In Illinois, drivers with a blood alcohol content (BAC) of 0.08% or higher are legally impaired. When a drunk driver causes an accident, they can face both criminal charges and a civil lawsuit from the victims they hurt.
Our Chicago drunk driving accident lawyers focus on the civil side—fighting to get you compensated for your injuries, lost wages, pain and suffering, and other damages. We handle all aspects of your claim while you focus on healing.
Why Drunk Driving Cases Are Different
Drunk driving cases often involve:
- Stronger evidence of negligence: A DUI arrest or conviction can prove the driver was at fault
- Higher compensation: Courts and juries may award more money when alcohol was involved
- Additional defendants: You may be able to sue bars or restaurants that over-served the driver
- Criminal case records: Police reports, BAC tests, and toxicology results strengthen your claim
We know how to use these factors to build the strongest possible case for you.
What to Do After a Drunk Driving Accident in Chicago
The moments and days after a drunk driving crash are critical. The steps you take now can make or break your injury claim.
At the Scene
If you’re able, take these steps right after the accident:
- Call 911 immediately: Report the accident and request police and medical help
- Get medical attention: Even if you feel okay, see a doctor—some injuries don’t show symptoms right away
- Document everything: Take photos of the vehicles, the scene, your injuries, and any visible signs the driver was impaired (open containers, etc.)
- Get witness information: Collect names and contact details from anyone who saw the crash
- Don’t admit fault: Avoid saying “I’m sorry” or discussing who caused the accident
- Request a police report: Make sure officers document the scene and test the other driver for alcohol
In the Days After
- Keep all medical records: Save bills, treatment notes, and prescriptions
- Track your expenses: Document lost wages, transportation to appointments, and other costs
- Limit what you say: Don’t give recorded statements to insurance companies without talking to a lawyer first
- Contact a Chicago drunk driving accident attorney: The sooner you have legal help, the better
Insurance adjusters may contact you quickly, hoping you’ll accept a low settlement before you know the full extent of your injuries. Don’t agree to anything until you’ve spoken with a lawyer.
How a DUI Conviction Helps Your Injury Claim
When the drunk driver who hit you is arrested and convicted of DUI, it significantly strengthens your civil injury case.
Negligence Per Se
In Illinois, driving with a BAC of 0.08% or higher is automatically considered negligent. This legal concept is called “negligence per se”—meaning the driver broke the law, and that violation directly caused your injuries.
With negligence per se, you don’t have to prove the driver was careless. The DUI conviction does most of the work for you.
Evidence from the Criminal Case
Your attorney can use evidence from the drunk driver’s criminal case to support your injury claim:
- Police reports documenting the arrest
- BAC test results from breathalyzer or blood tests
- Field sobriety test results
- The driver’s own statements to police
- Criminal court records and conviction details
Even Without a Conviction
You can still win your civil case even if the drunk driver wasn’t convicted or charged criminally. Civil cases have a lower burden of proof—we only need to show it’s more likely than not that the driver was impaired and caused the accident.
We can use police reports, witness testimony, accident reconstruction, and other evidence to prove the driver was drunk, even without a criminal conviction.
Types of Compensation in Drunk Driving Accident Cases
Victims of drunk driving accidents in Chicago can recover several types of damages. The goal is to make you “whole” again—compensating you for every way the crash has affected your life.
Medical Expenses and Future Treatment Costs
This includes:
- Emergency room visits
- Hospital stays
- Surgery and procedures
- Doctor appointments
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment (wheelchairs, crutches, etc.)
- Future medical care you’ll need because of your injuries
We work with medical experts to calculate not just your current bills, but the cost of care you’ll need in the months and years ahead.
Lost Wages and Loss of Earning Capacity
If your injuries forced you to miss work, you can recover:
- Wages you’ve already lost
- Benefits you missed out on (health insurance, retirement contributions, etc.)
- Lost earning capacity if you can’t return to your previous job
- Reduced earning potential if your injuries limit your career options
Whether you missed a few days or can never work again, we’ll fight to recover every dollar you’ve lost.
Pain and Suffering, Emotional Distress
Physical injuries are only part of the picture. Drunk driving accidents can cause:
- Chronic pain
- Emotional trauma and anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Disfigurement and scarring
These non-economic damages are harder to calculate, but they’re just as real. Illinois law allows victims to seek compensation for these intangible losses.
Wrongful Death Claims for Families
If your loved one was killed by a drunk driver, you may be able to file a wrongful death lawsuit. These claims can recover:
- Funeral and burial expenses
- Medical bills from their final injury
- Loss of financial support
- Loss of companionship and guidance
- Your family’s pain and suffering
No amount of money can bring back someone you love, but a wrongful death claim can provide financial security and hold the drunk driver accountable.
Get a free consultation to learn what your case may be worth
Proving the Drunk Driver Was At Fault
To win your drunk driving accident claim, we need to prove the other driver was impaired and caused the crash.
Using BAC and Police Reports as Evidence
The police report is one of the most important pieces of evidence in your case. It typically includes:
- The officer’s observations of the drunk driver (bloodshot eyes, slurred speech, smell of alcohol)
- Results of field sobriety tests
- BAC test results from a breathalyzer or blood test
- The officer’s opinion on who caused the accident
- Any DUI arrests or citations
A BAC of 0.08% or higher is illegal in Illinois. If the police documented this level of intoxication, it’s powerful proof that the driver was negligent.
Accident Reconstruction and Witness Statements
We also use additional evidence to show exactly how the accident happened:
- Witness statements: People who saw the crash or observed the driver before it happened
- Accident reconstruction experts: Specialists who analyze the scene, vehicle damage, and physics to recreate the collision
- Surveillance footage: Video from nearby businesses, traffic cameras, or dashcams
- Vehicle black box data: Modern cars record speed, braking, and other data before a crash
- Medical expert testimony: Doctors who explain your injuries and how they resulted from the accident
Our Chicago drunk driving accident lawyers know how to gather and present this evidence effectively, whether we’re negotiating with insurance companies or presenting your case in court.
Dram Shop Liability: Holding Bars and Restaurants Accountable
Sometimes, the drunk driver isn’t the only one responsible for your injuries. Under Illinois’ Dram Shop Act, you may also be able to sue the bar, restaurant, or other establishment that served alcohol to the intoxicated driver.
When Dram Shop Claims Apply
You can hold a business liable if:
- They served alcohol to someone who was already visibly intoxicated
- They served alcohol to someone under age 21
- The intoxicated person then caused your injuries
For example, if a bartender kept serving drinks to someone who was clearly drunk, and that person later drove and hit you, you could sue both the driver and the bar.
Why Dram Shop Claims Matter
Drunk drivers often don’t have enough insurance to fully compensate victims. By bringing a dram shop claim, you can access the business’s insurance policy, which typically offers higher coverage limits.
This can mean the difference between partial compensation and full recovery of your damages.
What We Need to Prove
Dram shop cases require showing:
- The establishment sold or served alcohol to the driver
- The person was visibly intoxicated at the time, or was under 21
- The intoxication contributed to the accident that injured you
We investigate by reviewing receipts, credit card statements, witness accounts from other patrons, and surveillance footage from the establishment.
What If the Drunk Driver Has No Insurance?
It’s frustrating, but many drunk drivers don’t have car insurance—or they only carry the minimum required coverage, which often isn’t enough to cover serious injuries.
Your Uninsured/Underinsured Motorist Coverage
Fortunately, your own auto insurance policy may cover you. If you have uninsured motorist (UM) or underinsured motorist (UIM) coverage, you can file a claim with your own insurer to recover compensation.
This coverage is designed for exactly this situation—when the at-fault driver can’t pay for the harm they caused.
How UM/UIM Claims Work
- Your insurance company steps into the shoes of the drunk driver
- You can recover the same types of damages you would from the at-fault driver
- Your premiums typically don’t increase for making a UM/UIM claim
Important: Insurance companies—even your own—often try to minimize payouts. Having a lawyer ensures your insurer treats you fairly.
Other Options
If you don’t have UM/UIM coverage, we explore other avenues:
- Dram shop claims against bars or restaurants
- Claims against other potentially liable parties (vehicle owners, employers if the driver was working, etc.)
- Pursuing the drunk driver’s personal assets
We’ll identify every possible source of compensation available in your case.
Why You Need a Chicago Drunk Driving Accident Attorney
You might wonder whether you really need a lawyer for your drunk driving accident claim. After all, the other driver was clearly at fault, right?
Here’s the reality: insurance companies don’t care about what’s fair. Their goal is to pay as little as possible. Without an experienced attorney, you’re at a serious disadvantage.
Experience with Illinois DUI and Personal Injury Law
Drunk driving cases involve complex legal issues:
- Illinois DUI statutes and how they apply to civil claims
- Negligence per se and burden of proof requirements
- Illinois comparative negligence rules (what if you were partially at fault?)
- The two-year statute of limitations for personal injury claims
- Dram shop liability under the Illinois Dramshop Act
Our Chicago drunk driving accident lawyers handle these cases every day. We know the laws, the local courts, and how to build winning cases.
Dealing with Insurance Companies After a DUI Crash
Insurance adjusters use specific tactics to reduce what they pay:
- Quick settlement offers: They offer fast money before you know the full extent of your injuries
- Twisting your words: They ask leading questions hoping you’ll say something that hurts your case
- Delaying tactics: They drag out the process hoping you’ll get desperate and accept less
- Downplaying injuries: They claim your injuries aren’t as bad as you say or weren’t caused by the accident
We handle all communications with insurance companies. We know their playbook and won’t let them take advantage of you.
Maximizing Your Compensation
Studies consistently show that accident victims who hire lawyers recover significantly more compensation than those who go it alone—even after legal fees are deducted.
Why? Because we know:
- The true value of your claim (including future costs you might not have considered)
- How to document and prove your damages
- When to negotiate and when to file a lawsuit
- How to present your case persuasively
We’re committed to getting you every dollar you deserve.
Schedule your free consultation with a Chicago drunk driving accident lawyer
How Long Do I Have to File a Drunk Driving Injury Claim?
In Illinois, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is called the statute of limitations.
Why the Deadline Matters
If you miss this two-year window, you lose your right to sue. The court will dismiss your case, and you won’t be able to recover compensation—no matter how strong your claim is.
Exceptions and Special Rules
Some situations have different deadlines:
- Wrongful death claims: Two years from the date of death (which may be later than the accident date)
- Government vehicles: Shorter notice requirements if a government employee caused the accident
- Minors: The two-year clock doesn’t start until the injured person turns 18
Don’t Wait
Even though you have two years, you shouldn’t wait to contact a lawyer. Here’s why:
- Evidence disappears (surveillance footage is deleted, witnesses forget details)
- Injuries may worsen without proper documentation
- Insurance companies become more aggressive with lowball offers
- Your lawyer needs time to investigate and build a strong case
The sooner you reach out, the stronger your case will be.
Free Case Review: Talk to a Chicago DUI Injury Lawyer
If a drunk driver injured you or someone you love, you don’t have to face this alone. Our Chicago drunk driving accident lawyers are ready to fight for the compensation you deserve.
What You’ll Get:
✓ Free consultation: We’ll review your case at no cost and no obligation
✓ Clear answers: We’ll explain your legal options in plain English
✓ No upfront fees: You pay nothing unless we win your case
✓ Experienced representation: We handle everything so you can focus on recovery
✓ Aggressive advocacy: We fight hard against insurance companies and at-fault drivers
Our Contingency Fee Promise
You don’t pay any attorney fees unless we recover compensation for you. We advance all case costs (expert witnesses, court fees, investigation expenses), and we only get paid when you do.
There’s no financial risk to getting the legal help you need.
Contact Us Today
Don’t let the drunk driver who hurt you get away with it. Call us now for your free case review.
Call 866-4-LAW-411 or fill out our online form
We’re available 24/7 to take your call because we know accidents don’t happen on a schedule.
FAQs
Most Chicago drunk driving accident lawyers work on a contingency fee basis, meaning you pay nothing upfront. The lawyer only gets paid if you win your case, typically taking a percentage of the settlement or verdict. This means anyone can afford quality legal representation, regardless of their financial situation.
After a drunk driving accident, police will investigate the scene and typically arrest the impaired driver. You should get medical treatment immediately, even if you don’t think you’re seriously hurt. Document everything about the accident, including photos, witness information, and your injuries. Then contact a drunk driving accident lawyer who can protect your rights while you focus on recovery.
A DUI conviction significantly strengthens your civil injury case. Under Illinois law, driving with a BAC of 0.08% or higher is considered “negligence per se”—meaning the driver is automatically deemed negligent. This makes it much easier to prove fault in your personal injury claim. Even without a conviction, evidence of drunk driving (police reports, BAC tests, witness statements) helps your case.
You may recover compensation for medical expenses (current and future), lost wages, reduced earning capacity, pain and suffering, emotional distress, property damage, and other losses. If your loved one was killed, family members can file a wrongful death claim for funeral costs, loss of financial support, and loss of companionship. The exact amount depends on the severity of your injuries and how they’ve impacted your life.
Yes. Civil injury cases have a lower burden of proof than criminal cases. Even if the driver wasn’t convicted of DUI, you can still win your injury claim by showing it’s more likely than not that they were impaired and caused the accident. Your lawyer can use police reports, witness testimony, accident reconstruction, and other evidence to prove your case.
If the drunk driver is uninsured or underinsured, you can file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. This insurance is designed to protect you when at-fault drivers can’t pay. You may also have a dram shop claim against the bar or restaurant that served the driver. Your lawyer will explore all available options to ensure you get compensated.
Illinois gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is strict—if you miss it, you lose your right to sue. Wrongful death claims also have a two-year deadline, starting from the date of death. Don’t wait to contact a lawyer, as evidence can disappear and insurance companies become harder to negotiate with over time.
Yes, under Illinois’ Dram Shop Act. If a bar, restaurant, or other establishment served alcohol to someone who was visibly intoxicated or under age 21, and that person then caused your injuries, you can sue the establishment. Dram shop claims are valuable because businesses typically have higher insurance coverage than individual drunk drivers, meaning more compensation may be available.
Don’t give a recorded statement to any insurance company without talking to a lawyer first. Avoid saying anything that could be interpreted as admitting fault, like “I’m sorry” or “I didn’t see them.” Don’t minimize your injuries by saying “I’m fine” if you’re actually hurt. Don’t agree to a settlement before you know the full extent of your injuries. Let your lawyer handle all communications with insurance adjusters.
It depends on the complexity of your case. Some cases settle within a few months, while others take a year or more—especially if the case goes to trial. Factors that affect timing include the severity of your injuries, how long your medical treatment lasts, whether liability is disputed, and whether you’re negotiating with multiple insurance companies. Your lawyer can give you a better estimate after reviewing your specific situation.
Additional Resources
For more information about drunk driving accidents and your legal rights in Illinois, visit these authoritative sources:
- Illinois Secretary of State – DUI Laws – Official information about Illinois DUI statutes and penalties
- Illinois State Police – Traffic Crash Reports – How to obtain police reports after an accident
- National Highway Traffic Safety Administration – Drunk Driving – Statistics and safety information about impaired driving crashes
- Illinois General Assembly – Dram Shop Act – Full text of Illinois’ law regarding alcohol server liability
The information on this page is for educational purposes and does not constitute legal advice. Every case is different. Contact a Chicago drunk driving accident lawyer to discuss your specific situation.
Ready to discuss your case? Contact us now for a free, no-obligation consultation


