After a crash caused by an impaired driver, the Chicago drunk driving accident lawyers at Abels & Annes, P.C. pursue compensation from the drunk driver and, when Illinois law allows, from a licensed alcohol seller or other responsible party.
Drunk driving accidents are among the most clear-cut cases for liability, but many victims do not realize that Illinois law allows them to pursue compensation from more than just the at-fault driver. Under Illinois’s dram shop law, a person injured by an intoxicated person may have a claim against a licensed bar, restaurant, or other alcohol seller that caused the intoxication. That second path to recovery may significantly increase the compensation available to your family.
We handle drunk driving accident claims throughout Chicago and Cook County, pursuing each responsible party while managing the legal process from start to finish.
Call (312) 924-7575 for a free consultation available 24/7.
Table of contents
- How Our Chicago Drunk Driving Accident Lawyers Build Your Case
- What Is Dram Shop Liability After a Chicago Drunk Driving Crash?
- How a Chicago DUI Case Can Strengthen Your Injury Claim
- What Injuries Result from Drunk Driving Crashes in Chicago?
- What Compensation Can You Recover After a Chicago Drunk Driving Crash?
- How Insurance Companies Respond to Drunk Driving Accident Claims
- FAQs for Chicago Drunk Driving Accident Attorneys
- A Drunk Driver Made a Choice — Now It Is Time to Hold Them Accountable
How Our Chicago Drunk Driving Accident Lawyers Build Your Case
Our personal injury attorneys have a track record of winning millions for our clients in personal injury cases throughout Chicago and the surrounding suburbs. Drunk driving accident cases carry a unique combination of criminal evidence, civil liability, and potential third-party claims that demand thorough preparation.
What Our Chicago DUI Accident Attorneys Do After a Crash
When you hire Abels & Annes, P.C., our team takes over immediately to:
- Secure criminal case evidence for your civil claim. Police reports, breathalyzer and blood test results, field sobriety test records, dashcam footage, and arrest documentation all serve as powerful evidence in a civil injury case. Our attorneys obtain these records to collect evidence after a drunk driving accident and use them to strengthen your claim.
- Pursue dram shop liability. If the drunk driver was served alcohol at a bar, restaurant, nightclub, or event venue before the crash, we determine whether a dram shop claim may be filed against that establishment. This creates a second source of recovery beyond the driver's own insurance.
- Identify each liable party. Responsibility may extend to the impaired driver, a licensed alcohol-serving establishment under Illinois dram shop law, an employer in a separate negligence or agency scenario, or other parties whose own conduct contributed to the crash.
- Document the scope of your losses. Drunk driving crashes often cause catastrophic injuries. We work with medical and financial professionals to account for emergency care, surgeries, rehabilitation, lost income, future medical needs, and pain and suffering.
- Pursue punitive damages when the facts support them. Illinois allows punitive damages in cases involving willful and wanton conduct. Driving while severely intoxicated may meet that threshold, and pursuing punitive damages puts additional financial pressure on the defendant.
Every step of this process is designed to build a strong claim and pursue fair compensation from each responsible party.
Why Chicago Families Trust Abels & Annes, P.C.
Abels & Annes, P.C. has earned recognition through the Top 100 Lawyer List published by Super Lawyers (Thomson Reuters), a 10.0 Superb rating on AVVO, and membership in both the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Past results do not guarantee future outcomes, but these distinctions reflect the advocacy we bring to each case.
Consultations are free, available 24/7, and offered in English, Spanish, and Polish. There is no fee unless we win your case.
What Is Dram Shop Liability After a Chicago Drunk Driving Crash?
Illinois' Liquor Control Act (235 ILCS 5/6-21) allows a person injured by an intoxicated individual to file a civil claim against the establishment that sold or served the alcohol. This is known as a dram shop claim.
A dram shop claim does not replace the claim against the drunk driver. It creates an additional path to compensation. This matters because the driver's auto insurance policy may not cover the full extent of catastrophic injuries, and a dram shop claim reaches the establishment's commercial liability coverage.
When You May Have a Dram Shop Claim in Illinois
A dram shop claim may be viable when evidence shows that a licensed seller of alcohol sold or gave liquor that caused the driver’s intoxication. Common scenarios include:
- Over-serving a visibly intoxicated patron who then drove and caused a crash
- Serving alcohol to a minor who subsequently drove while impaired
- Continuing alcohol service before the crash can support an investigation into whether a licensed seller caused the driver’s intoxication
Illinois sets annual liability limits for dram shop claims, and the adjusted amounts are published each year. These limits adjust for inflation and apply per occurrence.
Our attorneys trace the drunk driver's activities before the crash, including credit card receipts, bar tabs, surveillance footage, and witness statements, to determine whether a dram shop claim may strengthen your case.
How a Chicago DUI Case Can Strengthen Your Injury Claim
A DUI arrest and criminal prosecution are separate from your civil injury claim, but the criminal case may produce evidence that significantly strengthens your position. Criminal DUI proceedings generate records that your attorney may use in the civil case, such as:
- BAC test results showing the driver's blood alcohol concentration at or above 0.08%, or even higher, provide strong evidence of impairment.
- Police reports and officer testimony documenting the driver's behavior, the crash scene, and any admissions made at the scene
- Field sobriety test results and dashcam or bodycam footage that captured the driver's condition
- A DUI conviction or guilty plea which may be used as evidence of negligence in the civil proceeding
Your right to pursue compensation does not depend on the outcome of the criminal case. Even if criminal charges are reduced or dismissed, the civil claim proceeds under a different legal standard. Criminal cases require proof beyond a reasonable doubt. Civil injury cases require a preponderance of the evidence, which is a significantly lower threshold.
A Chicago DUI accident attorney at Abels & Annes, P.C. builds your civil claim independently while leveraging evidence that the criminal case produces.
What Injuries Result from Drunk Driving Crashes in Chicago?
Drunk driving crashes tend to produce more severe injuries than other types of collisions because impaired drivers often travel at high speeds, fail to brake, and strike other vehicles with full force. The lack of evasive action before impact increases the violence of the collision.
Some common injuries include:
- Traumatic brain injuries from the force of impact, which may cause permanent cognitive, behavioral, and physical impairment
- Spinal cord injuries that may result in partial or complete paralysis, requiring lifelong medical care and adaptive support
- Broken bones and crush injuries from high-speed collisions, often requiring multiple surgeries and extended rehabilitation
- Internal organ damage that may not be immediately apparent but may become life-threatening without prompt treatment
- Burn injuries when a collision ruptures fuel lines or causes a post-crash fire
- Wrongful death when the severity of the crash proves fatal, leaving families to cope with sudden and preventable loss
The severity of injuries in drunk driving cases directly influences the compensation available. Our drunk driving crash lawyers in Chicago document each injury and work with medical professionals as needed to project the long-term cost of care.
What Compensation Can You Recover After a Chicago Drunk Driving Crash?
DUI crash claims often involve larger potential damages than standard motor vehicle cases because of the severity of injuries and the complexities involved in recovering after a Chicago drunk driving accident, including additional legal theories like dram shop liability and punitive damages.
Economic Damages
Economic damages cover the measurable financial losses that follow a drunk driving crash.
- Medical expenses for emergency treatment, surgeries, hospitalizations, rehabilitation, medications, and all future care related to the crash
- Lost wages from time away from work during treatment and recovery
- Reduced earning capacity when injuries permanently limit the victim's ability to work
- Out-of-pocket costs, including transportation, home modifications, and assistive devices
These losses add up quickly, and documenting them thoroughly from the start strengthens your claim.
Non-Economic Damages
Non-economic damages address the harm that does not come with a receipt but still significantly affects your life after a drunk driving crash.
- Pain and suffering from injuries sustained in the crash, and the ongoing burden of treatment and recovery
- Emotional distress, including PTSD, anxiety, depression, and fear of driving
- Loss of enjoyment of life when permanent injuries prevent participation in activities and relationships that defined daily life before the crash
In drunk driving cases, the recklessness of the at-fault driver's conduct often supports substantial non-economic damage awards.
Punitive Damages
Illinois allows punitive damages in rare and limited cases involving willful and wanton misconduct. Punitive damages may be available when the facts support a finding of willful and wanton conduct, though they are not automatic even in a DUI crash.
Wrongful Death Damages
When a drunk driving crash proves fatal, a personal representative may pursue a wrongful death claim on behalf of the surviving family members for loss of financial support, loss of companionship, grief, sorrow, and mental suffering.
How Insurance Companies Respond to Drunk Driving Accident Claims
Even when liability appears straightforward, insurers still work to minimize payouts. Common strategies in drunk driving cases include:
- Arguing that injuries were pre-existing or unrelated to the crash, despite clear medical evidence linking them to the collision
- Disputing the extent of future damages by challenging projections for long-term care, rehabilitation, and lost earning capacity
- Offering quick settlements before the full scope of injuries is known, hoping victims accept before consulting an attorney
- Raising comparative fault arguments suggesting the victim contributed to the crash, even when the other driver was impaired
When the drunk driver is uninsured or underinsured, additional challenges arise. A DUI injury accident lawyer evaluates whether your own uninsured/underinsured motorist coverage applies and whether dram shop or other third-party claims may fill the gap.
Our team at Abels & Annes, P.C. handles all insurance communications and builds claims designed to counter each of these strategies.
FAQs for Chicago Drunk Driving Accident Attorneys
What if the drunk driver was uninsured?
Uninsured drunk drivers create a coverage gap, but compensation may still be available. Your own uninsured motorist policy may apply, and if a bar or restaurant served the driver before the crash, a dram shop claim may provide an additional path to recovery. Our attorneys evaluate each available source of compensation.
Does a DUI conviction guarantee I win my civil case?
A conviction is strong evidence of negligence, but does not automatically determine the outcome of a civil case. A drunk driving accident lawyer uses the conviction alongside medical records, financial documentation, and other evidence to build the strongest possible claim.
What is the difference between a DUI case and a personal injury case?
A DUI case is a criminal proceeding brought by the state to punish the impaired driver. A personal injury case is a civil claim brought by the injured victim to recover compensation for their losses. The two cases proceed independently, and the civil claim may succeed even if the criminal case does not result in a conviction.
Can I sue the bar that served the drunk driver in Illinois?
Illinois' dram shop law allows injury claims against licensed establishments that sold or served the alcohol that caused a person's intoxication. If evidence shows that a bar, restaurant, or other licensed seller contributed to the drunk driver's impairment before the crash, a dram shop claim may create an additional path to compensation beyond the driver's own insurance.
Does Illinois allow lawsuits against social hosts after a drunk driving crash?
Illinois generally does not recognize ordinary social-host liability for furnishing alcohol to adults. A private host who serves drinks at a party is typically not subject to dram shop liability, and Illinois generally does not allow ordinary social-host claims based only on furnishing alcohol, though unusual facts may support a different theory in rare cases.
Can I still recover compensation if the drunk driver was uninsured?
Compensation may still be available through several paths. Your own uninsured or underinsured motorist coverage may apply, and if a licensed bar or restaurant served the driver before the crash, a dram shop claim may reach that establishment's commercial liability coverage.
How long do I have to file a drunk driving accident lawsuit in Illinois?
Illinois generally allows two years from the date of injury to file a personal injury lawsuit under 735 ILCS 5/13-202. Dram shop claims can move on a shorter timeline than ordinary personal injury claims, so delay can be costly. Contact our team promptly to discuss the deadlines that apply to your case.
How much does it cost to hire a Chicago drunk driving accident lawyer?
We handle drunk driving accident cases on a contingency fee basis. There is no fee unless we win, and consultations are free and available 24/7.
A Drunk Driver Made a Choice — Now It Is Time to Hold Them Accountable
Drunk driving crashes are not accidents in any meaningful sense. Someone chose to drink, chose to drive, and chose to put everyone else on the road at risk. That choice created consequences that your family is now living with, and the law provides a path to hold the responsible parties accountable.
Abels & Annes, P.C. offers free consultations 24/7 at (312) 924-7575. Our attorneys are available by phone, video, or in person, and we travel to clients who are unable to come to us. Legal services are available in English, Spanish, and Polish.
There is no fee unless we win your case. Let us fight for you.