How Does a Drunk Driver Change a Personal Injury Claim? 

 Posted on August 18, 2025 in Car Accidents

When the driver who causes a car crash is drunk, the wreck itself can be terrible and the aftermath can be just as bad. Victims may face serious injuries, long recovery times, and overwhelming medical bills. Throughout Illinois, drunk driving accidents also carry unique legal consequences that can affect how a personal injury claim is handled.

As of August 2025, Illinois law 625 ILCS 5/11-501 sets the legal blood alcohol concentration (BAC) limit at 0.08 percent for most drivers, and 0.04 percent for commercial drivers. A driver who violates these limits and causes a crash not only faces criminal charges but can also be held financially responsible in a civil personal injury lawsuit. 

If you or a loved one has been seriously hurt in a wreck caused by a drunk driver, call our Cook County, IL car crash attorneys now. We are here to help you get through this difficult period. 

Why Drunk Driving Cases Are Different than Other Car Accidents

When a driver is intoxicated, liability often becomes clearer. Drunk driving is considered negligence per se, meaning that breaking the law automatically creates a presumption of negligence in civil cases. This can strengthen your claim for damages.

In addition, juries and judges often view drunk driving accidents as particularly serious. The recklessness involved in a drunk car crash may open the door to punitive damages, which are awarded in rare cases to punish wrongdoers and deter similar behavior.

Damages Available in Illinois Drunk Driving Claims

Victims of drunk driving accidents can pursue the same types of damages available in other car accident cases. These include:

• Medical expenses, including hospital stays, rehabilitation, and future care needs

• Lost income and reduced earning capacity

• Pain and suffering

• Property damage

In cases of wrongful death, surviving family members may recover damages under the Illinois Wrongful Death Act (740 ILCS 180). This can include funeral expenses, loss of financial support, and loss of companionship.

Punitive damages, while not available in every case, are more likely when a drunk driver’s conduct was especially reckless. For example, driving with an extremely high BAC or causing a crash after multiple prior DUI convictions may lead to punitive awards.

The Role a DUI Criminal Case Can Have on a Car Crash Lawsuit

One unique aspect of drunk driving cases is the intersection between criminal and civil law. The drunk driver may face prosecution in criminal court. While the criminal case does not directly award compensation to the victim, a conviction can serve as powerful evidence in the personal injury claim.

It is important to note, however, that even if the driver is not convicted in criminal court, you may still have a valid personal injury case. Civil claims require a lower burden of proof, meaning you can still succeed with strong evidence of intoxication and negligence.

Contact a Barrington, IL Car Crash Lawyer

If you or someone you love has been injured by a drunk driver, you deserve justice. Call 224-900-HURT today to schedule a free consultation with a Cook County, IL personal injury attorney at Barrington Injury Attorneys. We have guided families through complex drunk driving accident claims, including those involving serious injuries and wrongful death. With decades of experience, a proven track record, and a commitment to client care, we will pursue fair compensation while treating you with compassion and respect.