Chicago Drunk Driving Accident Attorneys

What Damages Could Be Recovered in a Drunk Driving Accident Claim?

No two drunk driving collisions are identical, so we take time to understand all the ways your injuries have affected your life. Victims may qualify for several types of compensation depending on the facts of their case.

• Medical Expenses: Reimbursement for all medical costs related to your injuries, including hospitalization, surgery, medication, therapy, and assistive devices.
• Lost Wages: Compensation for income lost during recovery and for lost earning capacity if your ability to work is permanently affected.
• Pain and Suffering: Monetary damages for physical pain, emotional distress, and loss of enjoyment of life.
• Property Damage: Costs of repairing or replacing your vehicle and any personal belongings damaged in the collision.
• Loss of Consortium: Compensation when injuries negatively affect your relationship or companionship with a spouse or partner.
• Punitive Damages: Illinois courts may award these additional damages when the at-fault driver’s conduct constitutes willful and wanton misconduct, as courts and juries have found in drunk driving cases.

Our attorneys investigate each claim thoroughly to identify every available avenue for compensation.

Dram Shop Liability Under the Illinois Liquor Control Act

The at-fault driver isn’t always the only party responsible for a drunk driving crash. Under the Illinois Liquor Control Act (235 ILCS 5/6-21), commonly called the dram shop statute, injured parties may pursue civil claims against licensed alcohol vendors whose sale of alcohol contributed to a driver’s intoxication and the resulting collision. This includes bars, restaurants, taverns, and liquor stores.

Illinois applies strict liability under the dram shop statute. Unlike most states, a vendor can be held responsible without proof that the patron appeared visibly intoxicated at the time of service. A dram shop claim runs separately from the civil claim against the drunk driver, and both can be pursued at the same time. Because licensed establishments in Illinois are required to carry dram shop insurance, identifying this avenue may expand the total recovery available to an injured victim.

Two deadlines apply here, and they shouldn’t be confused. A standard personal injury claim against the drunk driver carries a two-year statute of limitations from the date of the accident. A dram shop claim against the alcohol vendor carries a one-year statute of limitations. Missing the shorter dram shop deadline means that avenue is no longer available. One limited exception to general social host liability applies when a private host provides alcohol to a person under 21. Adult social hosts aren’t subject to the same liability under Illinois law. Acting quickly after a crash can help preserve both options.

Steps to Take After Being Hit by a Drunk Driver

Being struck by an impaired driver is frightening and often overwhelming. Taking the right steps afterward can protect your health, strengthen your claim, and help you pursue accountability from the responsible party.

Here’s what to do:

1. Move to safety: Get to a safe location if possible and check yourself and others for injuries.
2. Contact the police: Call 911 so officers can document the scene and create a report. That report becomes essential evidence in a civil claim.
3. Seek medical attention: Get evaluated immediately, even if injuries seem minor. Some symptoms, including those of traumatic brain injury, develop hours or days after impact.
4. Gather evidence: Photograph the vehicles, damage, injuries, and scene. Collect witness names and contact information.
5. Report to your insurance company: Notify your insurer promptly, but avoid giving detailed statements before speaking with an attorney.
6. Contact a lawyer: A drunk driving accident attorney can handle evidence preservation, insurer communications, and legal strategy so you can focus on recovery.