DUI Accident Lawyer Chicago, IL

A crash caused by a drunk or drugged driver can leave a family facing hospital bills, lost income, and a criminal case they did not ask to be part of. The driver may be arrested, but an arrest alone does not pay for an injured person’s medical care. A DUI accident lawyer in Chicago, IL can pursue a separate civil claim against the impaired driver and, in some cases, against the bar or restaurant that served them. Jacobson Injury Firm represents people hurt by impaired drivers throughout Chicago. Contact the firm for a free consultation.

How DUI Accident Claims Work in Illinois

Illinois is an at-fault state. A person injured by an impaired driver can bring a claim against that driver and the driver’s liability insurer. In legal terms, the injured person must usually prove negligence, meaning the driver failed to use reasonable care.

Illinois makes it a crime to drive with an alcohol concentration of 0.08 or more, or while under the influence of alcohol or drugs, under 625 ILCS 5/11-501.

The Illinois Dram Shop Act

Illinois also allows a claim against a business that sold or served the alcohol. Under the Dram Shop Act, 235 ILCS 5/6-21, a person injured by an intoxicated person can bring a claim against a licensed seller of alcohol whose sale or service caused that person’s intoxication. In everyday terms, the law covers bars, restaurants, and other businesses licensed to sell alcohol.

Dram shop claims have special rules:

• Liability limits.Recovery is capped, and the Illinois Comptroller adjusts the caps each year based on the Consumer Price Index. For final judgments or settlements on or after January 20, 2026, the Illinois Liquor Control Commission lists the limits as $90,411.55 for each person injured or whose property is damaged, and $110,503.00 for loss of means of support or loss of society resulting from a death or injury.
• A one-year deadline.A dram shop action must be brought within one year after the cause of action accrued. That is half the time allowed for most injury claims.

The caps apply only to the dram shop claim. A separate claim against the impaired driver is not limited by these amounts.

DUI Crashes in Chicago

Chicago Police crash reports on the City of Chicago data portal list alcohol or drug impairment, with an arrest made, as the primary cause of 448 crashes in 2024. Officers listed another 82 crashes that year as caused by a driver who “had been drinking,” where no arrest was made.

The same 2024 data shows when these crashes happen:

• Late night:310 of the 448 impairment crashes, about 69%, happened between 8 p.m. and 5 a.m.
• Weekends:203, about 45%, happened on a Saturday or Sunday
• Busiest streets:Ashland Avenue and Western Avenue recorded the most impairment crashes

These figures cover crashes where the Chicago Police Department responded. Crashes on interstate expressways, where Chicago Police are typically not the responding agency, are generally not included.

Common Types of DUI Accidents in Chicago

Jacobson Injury Firm handles claims involving impaired drivers, including:

• Rear-end crashes by drivers with slowed reaction times
• Wrong-way and head-on collisions
• Red light and stop sign crashes at city intersections
• Impaired drivers striking pedestrians and cyclists
• Hit-and-run crasheswhere an impaired driver flees
• Crashes involving drivers impaired by cannabis or other drugs

What Compensation Can a DUI Crash Victim Recover?

A DUI accident lawyer in Chicago, IL can pursue compensation for:

• Medical expenses, including future treatment
• Lost wages and reduced earning capacity
• Rehabilitation and physical therapy
• Property damage to the vehicle
• Pain and suffering
• Emotional distress and loss of enjoyment of life

The value of a claim depends on the injuries, the available insurance, and whether a dram shop claim also applies. Some injuries worsen over time, as the firm explains in its article on how car accidents can affect health long after the crash.

Civil Case vs. Criminal Case

After a DUI crash, two separate cases often move forward at the same time:

• The criminal caseis brought by prosecutors against the driver for violating the DUI law. It can lead to penalties such as fines, jail, and loss of driving privileges. The injured person is a witness, not a party.
• The civil caseis brought by the injured person to recover money for their losses. The injured person and their lawyer control it.

The civil claim does not depend on a conviction. The civil claim also has its own filing deadlines, which do not wait for the criminal case to end.

Illinois also follows a modified comparative fault rule. Under 735 ILCS 5/2-1116, a person whose own fault is more than 50% of the cause of the injury cannot recover, and a person 50% or less at fault has the award reduced by their share. Insurers sometimes argue that a victim was speeding or distracted, even when the other driver was impaired.

What Should You Do After a DUI Crash in Chicago?

If it is safe to do so, an injured person should:

• Call 911.Tell the dispatcher if the other driver appears impaired. Police observations and test results can become key evidence.
• Get medical care right away.The emergency department at Northwestern Memorial Hospital is certified as a Level I trauma center, as are UChicago Medicine and Stroger Hospital of Cook County.
• Note where the driver was drinking.Statements about a bar, restaurant, or event, along with receipts or witnesses, can support a dram shop claim.
• Request the crash report.Reports can be obtained through the Chicago Police Department’s traffic crash reports
• Avoid recorded statements.Speaking with an attorney before talking to the driver’s insurer can help protect the claim.

How Long Do You Have to File a DUI Accident Claim in Illinois?

Under 735 ILCS 5/13-202, most personal injury lawsuits against the driver must be filed within two years after the injury.

A dram shop claim against a bar or restaurant has a shorter deadline of one year. Because the bar has to be identified and evidence such as receipts and video gathered first, it helps to start early. The firm’s guide on how strong a personal injury case is covers what evidence matters.

No Fee Unless We Win

Jacobson Injury Firm handles DUI accident cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

The firm represents injured people only, never insurance companies. Clients work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut. He prepares each case as if it may go to trial.

Frequently Asked Questions

Can I sue a drunk driver who was never convicted?

Yes. The civil claim is separate from the criminal case. An injured person can pursue compensation even if the criminal charges are reduced or dismissed, or before the criminal case ends.

Can I sue the bar that served the drunk driver?

Possibly. The Illinois Dram Shop Act allows a claim against a licensed seller of alcohol whose sale or service caused the driver’s intoxication. The claim must be filed within one year, and recovery is capped at amounts the state adjusts each year.

What if the impaired driver had only minimum insurance?

Illinois requires drivers to carry at least $25,000 per person in bodily injury liability coverage, according to the Illinois Department of Insurance. Underinsured motorist coverage on the victim’s own policy may pay part of the difference when the driver’s coverage is too low. A dram shop claim may provide another source of recovery.

How long does a DUI accident case take?

Many claims settle within several months to a year, depending on the length of medical treatment and how insurers respond. Cases that go to litigation, or that wait on evidence from the criminal case, can take longer.

How much does a DUI accident lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a DUI Accident Lawyer in Chicago, IL

Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. A person hurt by an impaired driver should not have to wait on a criminal case to get help. A DUI accident lawyer in Chicago, IL can review the crash, identify every source of recovery, and meet the deadlines that apply. Contact Jacobson Injury Firm today to schedule a free consultation.