Chicago Drunk Driving Accident Lawyer

Helping Victims of DUI Crashes Recover Fair Compensation

A top-rated Chicago drunk driving accident lawyer is key to gaining compensation in these devastating accidents. While Illinois drunk driving accidents have decreased sharply in recent years, at least 37 people die every day nationwide in these tragic and entirely preventable accidents. Our compassionate and highly skilled attorneys can help you recover damages from negligent drivers, liquor stores, and other liable parties.

Why Choose Chicago Injury Center

Chicago Injury Center is the premier drunk driving accident firm, having recovered over $450 million for clients nationwide. With an A+ rating with the Better Business Bureau and the acclaimed Super Lawyers® designation, we have helped over 5,000 clients get justice for their injuries. Our team serves clients throughout Cook County and Illinois, ensuring that everyone can afford top-rated legal representation.

Drunk Driving Settlements & Verdicts Recovered by Our Law Firm in Chicago

2,800,000: Albert was a passenger in a vehicle when his intoxicated friend smashed the vehicle into a light pole near Milwaukee Avenue on the North Side. He passed away, and recovered damages for his family.

$733,333: Supriya was crossing State Street when a drunk driver ran a red light. She sustained several broken bones and required physical therapy.

$385,000: While heading home from her job in West Chicago, Marcia was rear-ended by an intoxicated driver. She suffered a herniated disc in her lumbar spine, requiring occupational therapy and steroid injections.

Types of Drunk Driving Car Accident Cases We Handle

We will hold all responsible parties accountable for your injuries. Drunk driving accident cases we handle include:

• Pedestrian accidents with intoxicated drivers
• Passenger injuries in DUI collisions
• Motorcyclists hit by a negligent driver
• Dram shop claims
• Wrongful death claims for fatal DUI crashes
• DUI accidents with rideshares and commercial vehicles

What Serious Injuries Are Associated with Drunk Driving Car Crashes?

Drunk driving accidents often result in catastrophic injury cases because alcohol impairment can cause reckless behavior like speeding, tailgating, and aggressive maneuvers. Common injuries in these cases include:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones and fractures
• Facial injuries and broken teeth
• Lacerations and contusions
• Internal bleeding and organ damage
• Death

What Damages Can Injured Victims Recover in Chicago?

Our team will fight for maximum compensation, which includes both economic and non-economic damages.

Economic damages are financial compensation for your economic losses. These can include:

• Medical bills
• Lost wages
• Future medical expenses
• Property damage

Non-economic damages consider the impact that severe injuries can have on a person’s life. These include:

• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of normal life

If your personal injury lawsuit goes to trial, the jury may award punitive damages. These are meant to punish the drunk driver for their reckless disregard. However, these are not as common.

What Is the Average Drunk Driving Accident Payout in Chicago?

The average drunk driving accident payout is $3,460,192. Payouts range between $2,000 and $33,210,919.

Several factors determine the value of your personal injury case. These include the severity of injuries, overall damages, proof of liability, and the number of liable parties.

Example Cases Filed in Cook County

Richard Chang and his wife Leeann were photographing models near the corner of Rush Street and Cedar Street in Chicago when an intoxicated waste disposal truck driver hit them. Chang suffered a subdural hematoma, spinal damage, facial disfigurement, and liver damage. He was left permanently cognitively impaired and required facial reconstruction. He settled with the driver and the City of Chicago for $6,250,000.00.

Anna Overby was in the backseat of a car driven by an intoxicated driver. As they drove along Skokie Avenue in Wilmette, the driver lost control of the vehicle. When the passenger grabbed the wheel in hopes of regaining control, the vehicle slammed into a light pole. Overby, who was in high school at the time, fractured her leg and suffered from balance problems, resulting in her losing a dance scholarship for her dream school. She sued both the driver and the bar that served alcohol to him, resulting in a $540,000.00 jury award.

Why You Need a Drunk Driving Accident Attorney

Drunk driving accident cases can be challenging, as they often involve both criminal and civil liability. Our firm handles civil cases and will need to coordinate with the Chicago Police Department to secure vital evidence, like BAC records and arrest reports, that will help you recover damages.

The drunk driver may not have had car insurance, making it harder to secure a fair settlement. Proving liability of other parties, like liquor stores or bars, may also be challenging, as they will refuse to admit that they overserved the customer.

How Common Are Drunk Driving Accidents in Chicago?

In 2023, the Illinois Department of Transportation reported that 663 drivers were alcohol impaired at the time of a car crash, with an additional 107 stating that they had been drinking sometime prior.

A survey of Chicago high school students found that 2% of 10th graders and 2% of 12th graders admitted to driving drunk at least once. This is especially concerning as younger drivers are already at a higher risk of being involved in a crash

In 2023, the Department of Transportation found that 32% of fatal accidents in Illinois involved drunk drivers with a blood alcohol content (BAC) of at least 0.08%, and 22% involved individuals with a BAC of 0.15% or higher.

Nationwide, there were 12,429 fatal drunk driving accidents in 2023, or approximately 30% of all fatal car crashes.

Where Do DUI Car Accidents Occur Most Often in Chicago?

Areas with close proximity to bars, restaurants, and nightclubs are the most dangerous, especially on weekend nights and during holidays. These can include:

• Boystown bars and clubs
• Magnificent Mile nightclubs
• Lake Shore Drive near McCormick Place
• Wrigleyville and Bridgeport after baseball games
• Off-campus bars near the University of Illinois-Chicago, the University of Chicago, Loyola University, and Rush University
• Near West Side after events at the United Center
• Near South Side after Bears games

What Laws Govern Drunk Driving Accident Claims in Chicago?

The Illinois Vehicle Code is unambiguous about drunk driving. A person can be charged with drunk driving even if their blood alcohol content is below 0.08% if they are under the influence of any substance that would make it difficult to drive safely (625 ILCS 5/11‑501). Chicago will impound the person’s vehicle (7-24-226) and may revoke their license for drunk driving (9-114-200).

Not only can a drunk driver be criminally charged, but injured individuals can sue for damages under the Personal Injury Act (735 ILCS 5/2-1107.1). If the victim dies, their next of kin can recover damages for pain and suffering, grief, lost wages, and medical bills before death (740 ILCS 180/).

Illinois also has dram shop laws, which hold establishments accountable for serving a person who then causes a drunk driving accident (235 ILCS 5/6-21).

Case law demonstrates how this act is applied in court. In Mohr v. Jilg, a woman drank two twelve-ounce beers and then was in an accident, making the restaurant liable.

However, in Kingston v. Turner, the drunk driver had bought alcohol at two separate establishments. Because neither establishment was the primary cause of the impairment, neither of them could be held responsible for the drunk driving accident, and the blame lay primarily with the at-fault driver instead.

How Long Do I Have to File a Drunk Driving Car Accident Lawsuit in Chicago?

There are several statutes of limitations for drunk driving accidents. A personal injury case must be filed within two years (735 ILCS 5/13-202). Wrongful death cases must also be filed within two years (740 ILCS 180/2).

However, a case under the Dram Shop Act must be filed within one year (235 ILCS 5/6-21). To ensure we have adequate time to pursue compensation, contact our award-winning personal injury lawyers as soon as possible.

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

Illinois allows victims to hold more than one party accountable for an accident or injury (740 ILCS 100/2). Our lawyers will identify all potentially liable parties to ensure you receive maximum compensation. These can include:

• Drunk drivers
• Bars, restaurants, pubs, and taverns
• Social hosts in clubs, if they were aware the person was too intoxicated to drive
• Employers, if the drunk driver was working at the time
• Rideshare companies in the case of drunk rideshare drivers

Common Defenses in Chicago Drunk Driving Accident Cases

The insurance company will employ a variety of tactics to avoid paying your drunk driving accident claim. However, our attorneys are highly skilled at refuting their defenses with strong evidence, including these common tactics.

Comparative Negligence: Illinois uses comparative negligence to determine fault, meaning your insurance claim could be denied if you are considered more than 50% liable. The company will insist that you were the primary liable individual. However, we can use witness statements, surveillance footage, and accident reports to deny this.

No Visible Intoxication: A bar or restaurant will claim that the individual was not visibly intoxicated, such as stumbling or slurring their words, and they therefore couldn’t have known. Bar tabs, surveillance footage, and witness statements can prove otherwise.

No Direct Causation: At other times, the insurance company will refute that drunk driving caused the accident, insisting that other factors played a role. Testimony from responding officers, expert testimony from medical professionals, and BAC results can disprove this.

Willful Negligence: At other times, the insurer will argue that because the drunk driver acted with willful negligence, this negates their policy or reduces their liability. Refuting this will require reviewing insurance policies, examining previous cases, and working with experts.

How to Strengthen Your Drunk Driving Injury Claim in Chicago

Prompt action is crucial to winning personal injury cases. Follow these steps as soon as possible to ensure that you have the best possible chance at compensation.

• Seek immediate medical attention at the closest ER.
• File a police report and request a copy of the report.
• Request BAC testing for the other driver.
• Gather witness information and take photos of the accident scene.
• Do not speak to third parties about the accident without your attorney present.

How Our Chicago Drunk Driving Accident Attorneys Can Help

Drunk driving accidents can quickly become complicated, making it crucial to work with a top-rated attorney. We can assist you with the following needs:

• Investigating the accident and preserving evidence like police reports, medical records, and witness statements.
• Filing dram shop and third-party liability claims.
• Accurately evaluating your damages, including future medical bills.
• Working with experts, like accident reconstructionists, to understand how the crash occurred.
• Negotiating and litigating your case with the courts as necessary.

FAQs

How does alcohol affect driving ability?

Alcohol impairs judgment, slows reaction times, and even diminishes vision, making it harder to respond appropriately while operating a motor vehicle. Research demonstrates a strong connection between drunk driving and speeding, as the driver may not be conscious of how fast they are going. High-speed car accidents are more likely to result in severe injuries and fatalities.

Does marijuana use qualify for a DUI accident claim?

Yes. Illinois law defines DUI as a person being under the influence of any drug or alcohol that keeps them from driving safely (625 ILCS 5/11-501). Not only does this include marijuana and street drugs, but it also includes prescribed medications, like sedatives or muscle relaxants.

What if the at-fault driver was never charged with DUI?

A civil case, such as those that we handle, is separate from a criminal case. While a DUI can be helpful evidence for your case, it is not necessary to prove intoxication.

How do I find out the drunk driver’s BAC?

If the individual was charged with a DUI, then the BAC will be on the report. Otherwise, our attorneys can use the discovery process of a lawsuit to secure BAC information.

Can I still recover compensation if I was partially at fault for the accident?

Yes. Illinois allows you to sue as long as you were not more than 50% responsible for the accident (735 ILCS 5/2-1116). However, your damages will be reduced by your percentage of blame. For example, if you were found to be 25% responsible, then you will get 25% less than if you were entirely blameless.

Can I sue the bar that served the drunk driver?

In some cases, yes, you can use the state’s Dram Shop law to hold establishments accountable for negligently providing alcohol (235 ILCS 5/). It must be proven that they knew the individual was intoxicated and continued to serve them.

Should I accept the insurance company’s settlement offer?

No, you shouldn’t, as it is typically lower than what you deserve. Insurance agencies will attempt to close your case as quickly as possible, as they know that the average person isn’t familiar with what fair settlements look like in these cases. Our attorneys can negotiate for full compensation based on your injuries.

Can I recover compensation for emotional distress as a passenger in a drunk driver’s car?

Yes, you may be able to recover damages for emotional distress, particularly if you have other injuries. You would be considered an innocent victim.

Do I need to file a police report after the accident?

Yes. You are legally required to file a report if there were any injuries (625 ILCS 5/11-401).

How much does a drunk driving accident attorney cost in Chicago?

We take every personal injury case on a contingency fee basis, meaning there are no fees unless we win.

Book a Free Consultation

Working with a drunk driving accident lawyer is crucial to gaining justice for your injuries. The Chicago Injury Center is a top-rated firm serving clients throughout Chicago, Cook County, and Illinois, ensuring they receive the compensation they deserve for these preventable tragedies. We work on a contingency fee basis: no fees unless you win. Contact us today for a free consultation about your legal rights after a drunk driving crash.