Chicago Drunk Driving Accident Attorney

Helping Victims of Drunk Driving Crashes Recover Full Compensation

A Chicago drunk driving accident attorney knows the life-changing impact an impaired driver can have on victims and their families. Alcohol-related crashes in Cook County and across Illinois leave people facing serious injuries, lasting psychological distress, and financial strain. Rosenfeld Injury Lawyers has a proven record of handling drunk driving accident claims and holding negligent drivers accountable under Illinois law. We fight to recover financial compensation for your injuries.

What Makes Us the Best Drunk Driving Accident Lawyers in Chicago

Rosenfeld Injury Lawyers is recognized as one of the best Chicago personal injury law firms, with a track record of securing significant verdicts and settlements for injured victims. We have recovered more than $450 million in personal injury cases, earning honors such as membership in the Million Dollar Advocates Forum and listings in Super Lawyers. Our top-rated drunk driving accident lawyers have the experience and resources to take on insurance companies and fight for maximum compensation.

Drunk Driving Settlements & Verdicts Recovered by Our Chicago Law Firm

$733,333 Settlement – Jennifer was crossing at a marked crosswalk near the intersection of West Madison Street and South Halsted Street when a drunk driver ran a red light and struck her. She sustained multiple fractures and required months of rehabilitation. The apparent violation of traffic laws, eyewitness accounts, and police reports documenting the driver’s intoxication played a significant role in securing the $733,333 settlement.

$500,000 Settlement – Kevin was riding as a passenger on a motorcycle traveling along Lake Shore Drive when a drunk driver swerved into their lane. The impact threw him from the bike, causing severe fractures to his arm and requiring surgical repair. The settlement reflected the seriousness of his injuries, the need for future medical expenses, and the strong evidence of the other driver’s intoxication.

$385,000 Settlement – Tanya was stopped in traffic on the Kennedy Expressway when a drunk driver rear-ended her at a high rate of speed. She suffered a herniated lumbar disc, leading to chronic back pain and months of physical therapy. Medical imaging, treatment records, and proof of lost wages strengthened her case, resulting in a $385,000 settlement.

Types of Drunk Driving Car Accident Cases We Handle

Our Chicago drunk driving accident lawyers represent victims in a wide range of impaired driving cases across Cook County and Illinois. We handle cases where drunk drivers ignore traffic signals or crosswalks, causing severe injuries to pedestrians. We help passengers injured while riding in a vehicle driven by an intoxicated person or struck by one. Our team represents motorcyclists and passengers hurt in collisions with impaired drivers. 

We pursue dram shop liability claims against bars, restaurants, or other establishments that served alcohol to a visibly drunk driver. We hold professional drivers and companies accountable when impaired driving results in devastating accidents. Our team also pursues wrongful death claims for families who have lost loved ones in Chicago DUI car accidents.

What Serious Injuries Are Associated with Drunk Driving Accidents?

Drunk driving accidents in Chicago often result in severe injuries that can change a victim’s life forever.

• Traumatic brain injuries can cause lasting cognitive, emotional, and physical impairments.
• Spinal cord injuries may lead to partial or complete paralysis, requiring lifelong care and significant future medical expenses.
• Broken bones are common in high-impact crashes and may require multiple surgeries.
• Facial injuries and lacerations can cause permanent scarring.
• Internal bleeding and organ damage may be life-threatening and demand immediate medical attention.

In the most tragic cases, a Chicago DUI accident can result in wrongful death, leaving families to face profound loss and significant financial burdens while holding the negligent driver accountable.

What Damages Can Drunk Driving Accident Victims Recover in Chicago?

Victims of a Chicago DUI accident may be entitled to financial recovery for both economic and non-economic damages through a personal injury claim or lawsuit.

Economic damages include measurable financial losses such as current medical bills, lost wages from time away from work, and future care costs for ongoing treatment or rehabilitation.

Non-economic damages cover the personal impact of the crash, including pain and suffering, emotional trauma, loss of enjoyment of life, and disfigurement from injuries such as facial scars or amputations.

In cases involving gross negligence–such as an intoxicated driver with an extremely high driver’s BAC or repeat DUI offenses–punitive damages may also be awarded under Illinois law. These are intended to punish the driver and deter similar conduct.

What Is the Average Drunk Driving Accident Payout in Chicago?

Based on Law.com’s VerdictSearch, drunk driving accident payouts in Chicago range from $2,000 to $33,210,919, with an average award of about $3,460,192 and a median of $251,655.

The value of a drunk driving accident car accident claim can vary widely based on several factors, including:

• Severity of injuries
• Extent of medical treatment
• Insurance coverage
• Number of defendants
• Impact on daily life

Example Drunk Driver Accident Cases Filed in Cook County

$20,200,000 Settlement for Fatal DUI Crash Involving Off-Duty Chicago Police Officer

Andrew Cazares, 24, and Fausto Manzera, 21, were killed when off-duty Chicago police officer Joseph Frugoli–driving with a BAC of 0.26–crashed into their disabled sedan on the Dan Ryan Expressway, causing it to catch fire. Evidence revealed Frugoli’s history of alcohol-related misconduct and the city’s alleged “code of silence” protecting him from discipline. The estates sued Frugoli, the City of Chicago, and a bar that served him. During the trial, the case settled for $20.2 million, split equally between the two estates.

$10,500,000 Settlement for Wrong-Way Drunk Driving Collision on I-55

Five St. Olaf College students were traveling through Springfield, Illinois, when a wrong-way driver, Brandon Hurst–driving a demonstrator vehicle from his employer, Landmark Ford–collided head-on with their car. Hurst’s BAC was .252. Three students were killed, and two survivors sustained severe injuries, PTSD, and emotional distress. The estates and survivors sued Hurst and Landmark for negligence, alleging a pattern of employee intoxicated driving in dealership vehicles. The case settled for $10.5 million, divided among all plaintiffs.

$6,250,000 Jury Award in Fatal DUI Rollover Crash

Reginald Leslie, 28, and Piotr Przeslica, 22, died after Stephen Rodriguez, driving 95 mph with a BAC over the legal limit, lost control and rolled the vehicle multiple times in Oak Lawn, Illinois. The estates sued Rodriguez, his father, and Hawk Ford for negligent entrustment. The jury found Rodriguez 65% liable and the passengers 35% comparatively negligent. No liability was found against Hawk Ford. Przeslica’s estate was awarded $2.8 million (reduced to $1.82 million), and Leslie’s estate $4 million (reduced to $2.8 million).

Why You Need a Drunk Driving Accident Lawyer

Drunk driving accidents often involve both criminal and civil components. While the criminal case–handled by prosecutors in Cook County courts–focuses on punishing the intoxicated driver, a civil case is how injured victims recover financial compensation. Having an experienced Chicago DUI accident lawyer ensures that vital evidence, such as the driver’s BAC results, arrest reports from the Chicago Police Department or Illinois State Police, and witness statements, is preserved and used effectively. 

These cases can become more challenging when the driver is uninsured or underinsured, or when pursuing a dram shop claim against a bar or restaurant that overserved the intoxicated person. Our team knows how to handle insurance companies, subpoena police reports, and present compelling evidence in Cook County courtrooms to hold drunk drivers and other responsible parties accountable under Illinois law.

How Common Are Drunk Driving Accidents in Chicago?

The 2024 Illinois Youth Survey shows that self-reported DUI behavior among 10th and 12th graders remains low overall, but not absent. Among 10th graders, 98% said they never drove after drinking, while 2% reported doing so 1–2 times in the past year, with no reports of higher frequencies. Among 12th graders, 97% said they never drove after drinking, and 2% reported doing so 1–2 times, with no instances of more frequent behavior.

According to the National Highway Traffic Safety Administration, Illinois has seen an increase in overall traffic fatalities–from 924 in 2014 to 1,241 in 2023–but the percentage involving drunk drivers has stayed relatively steady. In 2014, 33% of fatalities involved a driver with a BAC of .08 or higher; in 2023, that number was 32%. High-BAC crashes (.15 or above) consistently account for 22% of all traffic deaths in both years.

Nationally, NHTSA’s 2023 DUI report shows that 12,429 people were killed in U.S. traffic crashes involving at least one drunk driver, accounting for 30% of all traffic fatalities. This was a 7.6% decrease from 2022. On average, an alcohol-impaired-driving crash claimed one life every 42 minutes.

Where Do Drunk Driving Accidents Occur Most Often in Chicago?

In Chicago, drunk driving accidents are most common on high-traffic routes such as Lake Shore Drive, the Kennedy Expressway (I-90/94), and the Dan Ryan Expressway, where speed and congestion can make collisions more severe. Nightlife-heavy neighborhoods like River North, Wrigleyville, and the West Loop–home to numerous bars, restaurants, and music venues–see a higher incidence of drunk drivers, especially after closing time. 

Areas near popular destinations such as the United Center, Wrigley Field, and Soldier Field also experience spikes in incidents after major events. Chicago DUI car accidents frequently occur late at night on weekends and tend to increase around holidays like St. Patrick’s Day, New Year’s Eve, and Fourth of July, when alcohol consumption and celebratory gatherings are more widespread.

What Laws Govern Drunk Driving Accident Claims in Chicago?

625 ILCS 5/11‑501 of Illinois’ Vehicle Code makes it illegal to operate a vehicle with a BAC of .08 or higher, or while under the influence of alcohol, drugs, or other intoxicating substances. Violations can serve as strong evidence of negligence in a personal injury lawsuit.

If a drunk driving accident causes a fatality, the Wrongful Death Act (740 ILCS 180/) allows the victim’s surviving family to recover damages for financial losses and emotional suffering.

The Illinois Dram Shop Act (235 ILCS 5/6-21) permits victims to sue establishments that sold or served alcohol to an already drunk person who later caused a crash.

Case laws such as Mohr v. Jilg, 223 Ill. App. 3d 217 (4th Dist. 1992) and Kingston v. Turner, 115 Ill. 2d 445 (1987) clarified that even minimal alcohol service can satisfy proximate cause requirements.

In Mohr, the court found that serving just two 12-ounce beers immediately before a crash was enough to link the service of alcohol to the resulting accident, reinforcing liability for establishments in similar drunk driving accident claims.

Chicago’s Municipal Code enforces several ordinances that can be relevant in drunk driving car accident claims. Section 4-60-090 bans the sale of alcohol from gas stations, drive-in windows, or directly to motor vehicle occupants to discourage drinking while driving. Section 9-114-200 allows for the revocation of licenses for transportation providers when safety violations, including incidents with drunk drivers, occur. Section 7-24-226 permits vehicle impoundment when a driver is found operating a vehicle while intoxicated.

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

Under 735 ILCS 5/13-202, injury victims generally have two years from the date of a drunk driving accident to file a personal injury lawsuit.

If a Chicago DUI accident causes a fatality, the victim’s family has two years from the date of death to bring a wrongful death claim (740 ILCS 180/2). This timeline applies regardless of whether criminal DUI charges are pending against the at-fault driver.

Claims under the Illinois Dram Shop Act (235 ILCS 5/6-21)–such as when a bar overserves a drunk driver–must be filed within one year of the incident.

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

In a drunk driving accident, multiple parties may be held liable. The driver is the primary responsible party, but bars or restaurants can face dram shop liability if they overserved the driver. In limited situations, social hosts may also be accountable. Employers can be liable if the drunk driver was working at the time, and rideshare companies may share responsibility when a commercial driver causes a crash while intoxicated.

Common Defenses in Chicago Drunk Driving Accident Cases

In drunk driving car accident cases, defendants and insurance companies often raise defenses to reduce or deny liability. They may claim the victim was partially at fault, argue the drunk driver was not visibly intoxicated when served alcohol, or assert there is no direct causation between alcohol consumption and the crash. Some also contend that the driver’s willful misconduct should exclude them from coverage or limit their liability.

At Rosenfeld Injury Lawyers, we counter these tactics with strong evidence. Surveillance footage from bars, restaurants, or traffic cameras can show visible signs of impairment. BAC test results and accident reports establish the intoxication level, while expert testimony from toxicologists or accident reconstruction specialists can link alcohol use directly to the collision.

How to Strengthen Your Drunk Driving Accident Case in Chicago

To build the strongest possible Chicago drunk driving car accident claim, it’s essential to act quickly. Seek medical attention right away to document injuries and begin treatment. Contact the police and ensure a crash report is filed, noting any signs of impairment. Request that the other driver undergo BAC testing to preserve critical evidence. Gather contact information from witnesses and take photos of the scene, vehicles, and visible injuries. Avoid speaking with the other driver’s insurance company without a Chicago DUI lawyer present, as statements can be used to reduce or deny your claim.

How Our Chicago DUI Accident Lawyers Can Help

Our Chicago drunk driving accident lawyers provide comprehensive support to victims and their families. We begin by thoroughly investigating the crash, collecting accident reports, BAC results, and witness statements. If a bar, restaurant, or third party contributed to the accident, we file dram shop or other applicable claims. 

Our team partners with accident reconstruction experts to demonstrate how the intoxication caused the collision. We handle all negotiations with insurance companies to pursue full and fair compensation for medical bills, lost wages, and emotional trauma. When settlement offers fall short, we are prepared to represent clients in Cook County courts.

FAQs

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

Our Chicago drunk driving accident lawyers work on a contingency fee basis, meaning we only get paid if we recover compensation for you through a settlement or verdict.

Do I need to file a police report?

Yes. Filing a police report after a Chicago drunk driving accident is essential for protecting your legal rights. It documents signs of driver impairment and preserves critical evidence like BAC results. Without it, proving fault and pursuing compensation against the drunk driver becomes far more difficult.

How do I know the drunk driver’s BAC?

The driver’s BAC is typically recorded in the accident report following a chemical test such as a breathalyzer or blood draw. Your attorney can request these records during the investigation to confirm intoxication levels.

Can I sue the bar that served the drunk driver?

Yes, under the Illinois Dram Shop Act (235 ILCS 5/6-21), bars and restaurants that overserve a visibly drunk person who later causes injury can be held liable. These claims have a one-year filing deadline.

How does alcohol affect driving ability?

Alcohol slows reaction times, impairs judgment, reduces coordination, and affects vision. Even at BAC levels below the legal limit, these effects can significantly increase the risk of a crash.

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

You can still pursue a civil claim. Criminal charges are separate from personal injury cases, and liability in civil court is based on a lower burden of proof.

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

Yes. Under Illinois’ Comparative Negligence Law (735 ILCS 5/2-1116), you can recover damages if you were less than 51% at fault. However, your award is reduced by your percentage of fault.

Does marijuana use qualify for a DUI accident claim?

Yes. Illinois DUI laws apply to impairment from alcohol, marijuana, or other drugs. If a driver causes a crash while under the influence of marijuana, they can be held liable in a DUI accident claim

Should I accept the insurance company’s settlement offer?

Not without legal advice. Insurance companies often make low initial offers. A Chicago drunk driving accident attorney can evaluate the offer and negotiate for fair compensation.

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

Yes. Passengers injured or traumatized in a Chicago drunk driving accident can seek compensation for emotional trauma as part of a personal injury claim.

Consult a Chicago Drunk Driving Accident Attorney Near You

If you or a loved one has been injured in a drunk driving accident, you deserve experienced legal representation. At Rosenfeld Injury Law, our DUI accident lawyers understand the complexities of drunk driving accident claims. They will handle every aspect of your case—from gathering evidence and negotiating with insurance companies to representing you in court if necessary.

Whether you are seeking compensation for a fatal car accident or a personal injury lawsuit, our team is here to help. We offer a free case evaluation so you can discuss your legal options with no upfront costs. Call us today at (888) 424-5757 or fill out our online form to get started.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Champaign, Naperville, Springfield and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.