Every year in Illinois, drunk drivers kill and injure thousands of innocent people. Despite decades of awareness campaigns and strict DUI laws, impaired drivers continue to get behind the wheel—and when they cause accidents, the consequences are devastating. If you or a loved one has been injured by a drunk driver in Chicago, you have legal rights that can help you recover compensation and hold the responsible parties accountable.
At Phillips Law Offices, our Chicago car accident attorneys have spent over 30 years fighting for drunk driving victims. We understand both the legal complexities and the emotional trauma these cases involve.
Your Legal Options After a Drunk Driving Accident
1. Civil Personal Injury Lawsuit
This is your primary avenue for recovering compensation. You can sue the drunk driver for medical expenses, lost wages, pain and suffering, emotional distress, and property damage.
2. Punitive Damages
In Illinois, drunk driving cases may qualify for punitive damages—additional compensation designed to punish particularly reckless conduct. Driving drunk typically meets the standard of willful and wanton disregard for safety.
3. Illinois Dram Shop Claims (Against Bars and Restaurants)
Under the Illinois Dram Shop Act (235 ILCS 5/6-21), you may be able to sue the bar, restaurant, or establishment that served alcohol to the drunk driver if:
- The establishment sold or gave alcohol to the driver
- The service caused or contributed to the driver’s intoxication
- The driver’s intoxication was a proximate cause of your injuries
Important 2025 Dram Shop Limits: Illinois law caps dram shop liability. As of January 2025, the maximum recovery is:
- $88,051.76 for personal injury claims
- $107,618.82 for wrongful death claims
Critical Deadline: Dram shop claims have a 1-year statute of limitations—much shorter than the standard 2-year deadline for personal injury cases.
Illinois Drunk Driving Laws
Blood Alcohol Limits
- 0.08% BAC: Legal limit for drivers 21 and older
- 0.04% BAC: Legal limit for commercial drivers
- Any amount: Under 625 ILCS 5/11-501.8 (Zero Tolerance), it’s illegal for drivers under 21 to operate a vehicle with any amount of alcohol
Statute of Limitations
Under 735 ILCS 5/13-202, you have 2 years from the date of the accident to file a personal injury lawsuit. For dram shop claims, you have only 1 year.
Comparative Negligence
Under 735 ILCS 5/2-1116, Illinois follows modified comparative negligence. You can recover damages as long as you’re less than 50% at fault.
Related Auto Accident Resources
Learn more about auto accident claims:
Free Consultation: Get the Help You Deserve
If you or a loved one has been injured by a drunk driver in Chicago, you deserve justice. Contact Phillips Law Offices today for a free, confidential consultation.
We work on contingency—you pay nothing unless we recover compensation for you. Call (312) 346-4262 or contact us online to speak with an experienced drunk driving accident attorney.
Phillips Law Offices represents drunk driving accident victims throughout Chicago, Cook County, and all of Illinois.
Authoritative Sources
Related Chicago Accident Guides
- What Evidence Do You Need for an Illinois Car Accident Claim?
- Dealing with Insurance Companies After a Chicago Car Accident: Tactics to Watch
- Intersection Accidents in Chicago: Red Light, Stop Sign & Right-of-Way Claims
FAQs
What should I do after being hit by a drunk driver?
Call 911, seek medical care, preserve evidence, and avoid detailed insurer statements before reviewing your options.
Can punitive damages apply in drunk driving cases?
Potentially, depending on case facts and applicable law.
Does a DUI arrest guarantee civil liability?
Not automatically, but it can strongly support fault arguments in a civil claim.
