Drunk Driving Accident

Representing Victims of Drunk Driving Accidents in Chicago

A Chicago drunk driving accident attorney can help you pursue compensation if you’ve been injured in an accident caused by a drunk driver. These accidents often result in severe injuries, mounting medical bills, and significant lost wages.

Victims may be eligible to file a Driving Under the Influence (DUI) accident claim against the negligent driver or seek damages under the Illinois Dram Shop Law if an establishment overserved an intoxicated driver.

If you or a loved one has suffered in an accident involving a drunk driver, Rosenfeld Injury Law can help you recover fair compensation. Contact our Chicago car crash attorneys for a free consultation today.

Verdicts and Settlements from Our Cases in Chicago

Our firm has a proven track record of securing substantial settlements for victims of car accidents. Here are some of our recent successes:

• $4,000,000 – Settlement for the family of a passenger who suffered fatal injuries while on a work-related trip with his company.
• $3,200,000 – On behalf of a disabled man who suffered significant orthopedic injuries when struck in a Chicago crosswalk.
• $2,000,000 – Policy limit settlement for injuries sustained in a rollover collision in Chicago.

Liquor Control Act and Other Important Chicago Laws About Drunk Driving

Illinois has strict drunk driving laws to prevent DUI accidents and hold negligent drivers accountable.

The Illinois Liquor Control Act (235 ILCS 5) regulates alcohol distribution and sales in Illinois. A key provision, the Illinois Dram Shop Law (235 ILCS 5/6-21), allows DUI accident victims to hold bars, restaurants, and other establishments liable if they overserve an intoxicated person who later causes an accident.

625 ILCS 5/11-501 defines intoxicated driving, setting the legal limit for blood alcohol concentration (BAC) at 0.08%. It also outlines penalties for impaired drivers and repeat offenders.

Common Injuries Sustained in DUI Car Accidents

Victims of drunk driving accidents can suffer injuries with life-altering effects. Common injuries include:

• Traumatic Brain Injuries (TBI) – Head trauma from impact can lead to cognitive impairment, memory loss, and long-term disabilities.
• Spinal Cord Injuries – Damage to the spinal cord may result in paralysis or chronic pain.
• Broken Bones – The force of a crash often leads to fractures, requiring extensive recovery.
• Internal Injuries – Organ damage or internal bleeding can be life-threatening.
• Whiplash & Soft Tissue Injuries – Neck and back injuries are common due to sudden impact.

How a Lawyer Proves Liability in a Drunk Driving Accident Case in Chicago

To hold an intoxicated driver accountable, a Chicago DUI accident lawyer must establish negligence using these four legal elements:

1. Duty of Care – Every driver has a legal duty to operate their vehicle safely.
2. Breach of Duty – Driving under the influence violates this duty. A driver’s BAC over the legal limit is strong evidence of negligence.
3. Causation – The drunk driver’s actions must be directly responsible for the auto accident and resulting injuries.
4. Damages – The victim must have suffered losses such as medical bills, lost wages, or pain and suffering.

What is My Drunk Driving Accident Claim Worth?

The value of a claim depends on several factors, including the severity of injuries, medical expenses, and the impact on your daily life. A Chicago drunk driving car accident attorney will assess your personal injury case based on key elements such as medical bills, lost wages, pain and suffering, and property damage.

Severe injuries, such as traumatic brain injuries or permanent disabilities, often result in higher compensation. Additionally, if the alcohol-impaired driver acted with extreme negligence, the court may award punitive damages.

Every DUI accident case is unique, and insurance negotiations can be complex. A skilled drunk driving accident lawyer can help maximize your compensation and ensure you receive what you deserve.

Potential Compensation in a Chicago DUI Accident Case

Drunk driving car accident victims in Chicago may be entitled to various types of compensation, including:

• Medical Expenses (Past and Future) – Coverage for hospital bills, surgeries, rehabilitation, and ongoing care.
• Lost Wages (Past and Future) – Compensation for time missed from work and reduced earning capacity due to injuries.
• Pain and Suffering – Damages for physical pain, emotional distress, and diminished quality of life.
• Property Damage – Costs to repair or replace a damaged vehicle.
• Disability and Disfigurement – Compensation for permanent injuries, scarring, or loss of mobility.
• Loss of Enjoyment of Life – Damages for the inability to participate in activities you once enjoyed.
• Punitive Damages (If Applicable) – Additional compensation in personal injury cases involving extreme negligence, such as a drunk driver with a very high blood alcohol concentration (BAC) or multiple DUI offenses.

In tragic cases where a fatality occurs, the victim’s family may file a claim. Compensation can include funeral expenses, loss of financial support, and emotional suffering caused by the loss of a loved one. Under Illinois law, families may also seek damages for the loss of companionship and guidance.

What to Do After a Drunk Driving Accident

If you are involved in a drunk driving accident, taking the right steps can protect your health, legal rights, and potential claim. You should follow these steps:

• Prioritize Safety – Check for injuries and move to a safe location if possible.
• Call 911 – Report the accident and request emergency assistance.
• Gather Information – Exchange details with the drunk driver, other drivers, and witnesses.
• Document the Scene – Take photos and videos of vehicle damage, injuries, and any signs of impairment (e.g., open alcohol containers).
• Seek Medical Attention – Even if you feel fine, injuries from car crashes may not be immediately noticeable.
• Do Not Admit Fault – Avoid making statements that could be used against you.
• Contact a Chicago Drunk Driving Accident Lawyer – A skilled attorney can help you file a car accident claim and recover damages.

How Our Chicago Law Firm Investigates Your Drunk Driving Claim

At Rosenfeld Injury Law, we conduct a thorough investigation to build a strong drunk driving accident claim and hold the at-fault driver accountable. Our team gathers crucial evidence to prove negligence and maximize your financial compensation.

First, we obtain the police report, which often includes details about the drunk driver’s BAC, field sobriety test results, and officer observations. We also collect witness statements and surveillance footage to establish liability.

Next, we review medical records to document the severity of your injuries and their impact on your life. Our firm works with accident reconstruction experts to analyze the crash and determine how intoxicated driving contributed to the collision.

We also handle negotiations with insurance companies to ensure you receive a fair settlement. If necessary, we prepare your case for trial to fight for the maximum compensation you deserve.

Why You Need DUI Accident Lawyers

A drunk driving accident can leave victims with serious injuries, overwhelming medical bills, and lost income. Navigating a DUI accident claim on your own can be challenging, especially when dealing with insurance companies that try to minimize settlements. This is where experienced DUI accident lawyers can help.

A skilled Chicago drunk driving accident lawyer will gather critical evidence, including police reports, witness statements, and the drunk driver’s BAC, to prove liability. They will also negotiate aggressively to ensure you receive compensation for your injuries, property damage, and emotional suffering.

In the event of a fatal car accident, a lawyer can help the victim’s family file a claim to seek justice and financial support. Additionally, in cases involving extreme negligence, attorneys can pursue punitive damages to hold the intoxicated driver accountable.

With an experienced legal team on your side, you can focus on recovery while your attorney fights for the maximum compensation you deserve.

Frequently Asked Questions About Drunk Driving Accidents in Chicago

Is It Worth It to Hire a Drunk Driving Accident Lawyer?

Yes, hiring a Chicago drunk driving accident lawyer can significantly improve your chances of recovering damages. An attorney can gather evidence, negotiate with insurance companies, and, if necessary, take your case to court.

Can a Passenger Sue a Drunk Driver?

Yes, a passenger injured in a drunk driving accident can file a personal injury lawsuit against the drunk driver. Illinois recognizes the right of injured passengers to seek damages, including medical expenses, lost income, and pain and suffering.

If the accident resulted in a fatality, the victim’s family may pursue a claim under the Illinois Wrongful Death Act (740 ILCS 180/1). Additionally, if the drunk driver was overserved at a bar or restaurant, the injured passenger may also have a claim under the Illinois Dram Shop Law.

What Are Most Lawyer Fees for a Car Accident?

At Rosenfeld Injury Law, our Chicago DUI accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case.

Is Drunk Driving Negligent?

Yes, drunk driving is considered negligence under Illinois law.

What is The Time Limit to File a Car Accident Claim in Chicago?

Illinois has specific statutes of limitations for filing car accident claims, which determine how long injury victims have to pursue legal action.

For personal injury claims, victims must file their lawsuit within two years from the date of the accident.

Illinois law provides a longer timeframe for property damage claims. Individuals have five years from the date of the accident to seek reimbursement for vehicle repairs or other property-related losses resulting from the crash.

In cases involving a fatal drunk driving accident, families may file a claim within two years from the date of death.

Failing to file within these legal limits can result in losing the right to recover damages.

Who Can Sue for Wrongful Death After a Drunk Driving Accident?

The following individuals may file a wrongful death claim after a fatal drunk driving accident:

• The surviving spouse
• The children of the deceased
• The parents of a deceased minor
• The personal representative of the victim’s estate

Contact a Chicago Drunk Driving Attorney Near You for a Free Consultation

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.