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Peoria Drunk Driving Accident Lawyer
If a drunk driver hurt you or someone you love near Peoria Avenue, on Interstate 290, or anywhere else in the Chicago area, you have legal rights. Illinois law gives injured victims the ability to hold drunk drivers accountable, and in some cases, the bars or restaurants that served them. At Briskman Briskman & Greenberg, we fight for people who have been hurt through no fault of their own. You deserve real answers and real help from a team that takes your case seriously.
Table of Contents
- The Drunk Driving Problem in Chicago and Illinois
- Illinois Laws That Protect Drunk Driving Accident Victims
- What Compensation Can You Recover After a Drunk Driving Crash?
- The Dram Shop Act and Third-Party Liability in Illinois
- Why Choose Briskman Briskman & Greenberg for Your Drunk Driving Accident Case?
- FAQs About Peoria Drunk Driving Accident Lawyers in Chicago, IL
The Drunk Driving Problem in Chicago and Illinois
Drunk driving is one of the most preventable causes of serious injury and death on Illinois roads. Yet it keeps happening. Recent Illinois data from 2021-2023 consistently shows that approximately 22% of motor vehicle fatalities in the state involve alcohol. That number should shock you. More than one in five people killed on Illinois roads die because someone chose to drink and drive.
Nationally, the picture is just as alarming. In 2023, drunk driving crashes resulted in 12,429 deaths nationwide. An alcohol-impaired driving fatality occurred every 42 minutes on average in 2023. Think about that. By the time you finish reading this page, someone in America may have already lost their life to a drunk driver.
Here in Chicago, the danger is real on every road. Whether you are driving along Lake Shore Drive near Lincoln Park, heading home on I-55, or crossing through the West Loop, drunk drivers put you at risk every day. The 2023 demographic data reveals persistent patterns in drunk driving behavior, with young adults aged 21-34 continuing to represent the highest-risk group for both impaired driving and fatal crash involvement. Weekend nights near Wicker Park, River North, or the entertainment strips along Wabash Avenue see some of the highest traffic of intoxicated drivers.
Illinois law under 625 ILCS 5/11-501 makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Illinois also criminalizes driving while impaired by alcohol, drugs, or any intoxicating substance, even if the BAC is below the legal limit. This includes impairment from prescription medications and controlled substances, such as cannabis. So even if the driver who hit you was not technically over the legal limit, they can still be held legally responsible if they were impaired.
If you were hurt by a drunk driver, you need a Chicago personal injury lawyer who understands both the facts and the law. The team at Briskman Briskman & Greenberg is ready to help you build a strong case.
Illinois Laws That Protect Drunk Driving Accident Victims
Illinois has a solid set of laws designed to protect people injured by drunk drivers. Understanding these laws helps you know what options you have after a crash.
First, under 625 ILCS 5/11-401, any driver involved in a crash that causes personal injury or death must stop immediately and remain at the scene. The law defines personal injury as any injury requiring immediate professional treatment in a medical facility or doctor’s office. A driver who flees the scene faces serious criminal charges. Leaving the scene of a crash involving injury is a Class 4 felony. If the crash caused a death and the driver fails to report it, that becomes a Class 1 felony. The driver’s license is also revoked. This law matters to you because it helps establish the drunk driver’s wrongdoing and supports your civil claim for damages.
Second, Illinois recognizes what is called the Dram Shop Act under 235 ILCS 5/6-21. This law allows injured victims to sue not only the drunk driver, but also the licensed establishment that served them alcohol. If a bar, restaurant, or liquor store served alcohol to a person who then caused your injuries while intoxicated, that establishment may share legal responsibility. Our drunk driving attorneys can help you explore whether a bar or restaurant shares liability in your case.
Third, under Illinois joint and several liability rules (735 ILCS 5/2-1117), any defendant found to be 25% or more at fault for your injuries is jointly and severally liable for all damages. This means that if multiple parties share fault, such as the drunk driver and the bar that served them, each responsible party can be held accountable for the full amount of your medical expenses and other losses.
Finally, you have two years from the date of your injury to file a personal injury lawsuit in Illinois under 735 ILCS 5/13-202. Do not wait. Evidence disappears, witnesses forget details, and your legal options shrink over time. Contact us as soon as possible after your crash.
What Compensation Can You Recover After a Drunk Driving Crash?
One of the first questions people ask us is: “What is my case worth?” The honest answer is that it depends on the facts, but Illinois law allows injured victims to seek a wide range of damages. You should not have to pay out of pocket for injuries caused by someone else’s reckless decision to drink and drive.
Economic damages are the financial losses you can document. These include past and future medical bills, lost wages if you missed work during recovery, future lost earning capacity if your injuries affect your ability to work long-term, and the cost of rehabilitation or ongoing treatment. A drunk driving crash can leave you with broken bones, traumatic brain injuries, spinal cord damage, or worse. These injuries often require months or years of treatment, and the bills add up fast.
Non-economic damages cover the human side of your losses. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships are all compensable in Illinois. If the crash left you unable to enjoy activities you once loved, such as playing with your kids at Millennium Park or running along the Chicago Lakefront Trail, that loss has real value.
In cases where the drunk driver’s conduct was especially reckless, Illinois courts may also award punitive damages. These are designed to punish the wrongdoer and send a message that this behavior will not be tolerated. Our drunk driving attorney team will work to identify every source of compensation available to you, including claims under the Dram Shop Act against the establishment that served the driver.
If a loved one died in a drunk driving crash, Illinois also allows surviving family members to bring a claim under the Wrongful Death Act (740 ILCS 180). This gives families the right to seek compensation for the loss of financial support, companionship, and guidance that the deceased would have provided.
Do not guess at what your case is worth. Talk to us. We offer free consultations and will give you a straight answer about your options.
The Dram Shop Act and Third-Party Liability in Illinois
Most people know they can sue the drunk driver who hit them. Fewer people know they may also be able to sue the bar, restaurant, or other licensed establishment that served that driver alcohol. This is called Dram Shop liability, and it is an important part of Illinois law under 235 ILCS 5/6-21.
The Dram Shop Act gives any person who is injured in Illinois by an intoxicated person a right of action against any licensed seller of alcohol who caused that intoxication by selling or giving alcohol to the person. So if the drunk driver who rear-ended you on the Kennedy Expressway had just left a bar on Halsted Street, and that bar kept serving them alcohol even when they were visibly intoxicated, the bar can be held liable for your injuries.
There are liability limits under the Dram Shop Act that are adjusted annually for inflation. The Illinois Liquor Control Commission updates annual dram shop liability limits. For 2025, the maximum recovery for personal injury claims is over $85,000 per individual and $105,000 per accident, based on inflation indexing. These limits apply per person and per incident, and separate claims for different types of damages (personal injury, property damage, and loss of means of support) can be pursued independently.
It is also important to know that Dram Shop claims have a one-year statute of limitations under 235 ILCS 5/6-21. This is shorter than the two-year window for standard personal injury claims. Missing this deadline means losing your right to sue the establishment entirely. This is one more reason why you should contact our drunk driving lawyer team right away after your crash.
Dram Shop cases require evidence that the establishment sold or gave alcohol to the person who injured you, and that the alcohol caused their intoxication. Gathering this evidence, including surveillance footage, receipts, and witness statements, takes time and skill. Our team knows how to build these cases and has the resources to do it right.
Why Choose Briskman Briskman & Greenberg for Your Drunk Driving Accident Case?
You have choices when it comes to legal representation. So why should you choose Briskman Briskman & Greenberg? Because we treat every client like a person, not a case number. We have spent decades helping injured people across Chicago and the surrounding areas get the compensation they deserve. Our team knows Illinois personal injury law inside and out, and we are not afraid to go up against insurance companies, bar owners, or drunk drivers.
We handle drunk driving accident cases across a wide range of situations. Whether your crash happened on the Dan Ryan Expressway, on a side street in Pilsen, or near the Daley Center in the Loop, we are familiar with the local courts and the legal process in Cook County and beyond. Our team works with accident reconstruction experts, medical professionals, and investigators to build the strongest possible case for you.
We also handle cases involving drunk driving in other contexts. If you were injured by an impaired boater on Lake Michigan or in another recreational vehicle accident, our drunk driving lawyers handle those cases too. Impaired driving is dangerous in every setting, and the law protects victims in all of them.
We know that distracted and impaired driving often go hand in hand. Our drunk driving lawyers also understand the science behind driver impairment and how to use that knowledge to strengthen your claim. Whether the driver was drunk, distracted, or both, we will fight to hold them accountable.
We work on a contingency fee basis. That means you pay nothing unless we recover money for you. There is no upfront cost, no hourly billing, and no risk to you. Call us today for a free consultation. We are ready to listen, answer your questions, and help you take the next step.
FAQs About Peoria Drunk Driving Accident Lawyers in Chicago, IL
How long do I have to file a drunk driving accident lawsuit in Illinois?
In most cases, you have two years from the date of your injury to file a personal injury lawsuit under 735 ILCS 5/13-202. However, if you want to bring a claim against the bar or restaurant that served the drunk driver, the Dram Shop Act gives you only one year under 235 ILCS 5/6-21. Missing either deadline can bar you from recovering any compensation. Contact Briskman Briskman & Greenberg as soon as possible after your crash so we can protect your rights.
Can I sue the bar that served the drunk driver who hit me?
Yes, in many cases you can. Illinois’s Dram Shop Act (235 ILCS 5/6-21) allows injured victims to bring a claim against any licensed establishment that sold or gave alcohol to the person who caused their injuries. If a bar, restaurant, or liquor store kept serving an already-intoxicated person who then hurt you, that establishment may share legal responsibility. The liability limits are adjusted annually for inflation, and separate claims for different types of damages can be pursued. Our team can investigate the facts and tell you whether a Dram Shop claim applies to your situation.
What if the drunk driver fled the scene of the crash?
Under 625 ILCS 5/11-401, a driver involved in a crash causing personal injury or death must stop and remain at the scene. Fleeing is a serious felony offense. Even if the driver runs, you still have legal options. Your own uninsured motorist coverage may apply, and law enforcement may identify and arrest the driver later. Briskman Briskman & Greenberg can help you pursue every available avenue for compensation, even when the at-fault driver is initially unknown or has fled.
What damages can I recover after a drunk driving accident in Chicago?
Illinois law allows you to seek both economic and non-economic damages. Economic damages include medical bills, lost wages, future medical costs, and rehabilitation expenses. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In cases where the drunk driver acted with extreme recklessness, punitive damages may also be available. If a family member was killed, the Wrongful Death Act (740 ILCS 180) allows surviving relatives to seek compensation for their loss. Every case is different, and a free consultation with our team will help you understand what your specific claim may be worth.
Do I need a lawyer for a drunk driving accident claim in Illinois?
You are not legally required to hire a lawyer, but having one makes a significant difference in the outcome of your case. Insurance companies have teams of adjusters and attorneys working to minimize what they pay you. A skilled attorney knows how to gather evidence, identify all liable parties (including bars under the Dram Shop Act), calculate the true value of your damages, and negotiate or litigate on your behalf. At Briskman Briskman & Greenberg, we work on a contingency fee basis, meaning you pay nothing unless we win your case. There is no financial risk in calling us for a free consultation.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Peoria
- Peoria Bicycle Accident Lawyer
- Peoria Car Accident Lawyer
- Peoria Distracted Driving Accident Lawyer
- Peoria Fatal Car Accident Lawyer
- Peoria Motorcycle Accident Lawyer
- Peoria Pedestrian Accident Lawyer
- Peoria Truck Accident Attorney
- Peoria Uber Accident Lawyer
- Peoria Lyft Accident Lawyer
- Peoria Uninsured Motorist Accident Lawyer
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