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Aurora, IL Drunk Driving Accident Lawyer
If you or someone you love was hurt in a drunk driving crash near Aurora, IL, you already know how fast life can change. One reckless decision by another driver can leave you with serious injuries, mounting medical bills, and a lot of unanswered questions. At Briskman Briskman & Greenberg, we help injured people and families across the Chicago area, including Aurora and Kane County, hold drunk drivers accountable. Our team is ready to listen to your story and help you understand your legal options, at no cost to you.
Table of Contents
- Drunk Driving in Aurora, IL: A Serious and Growing Problem
- Illinois Law and Your Rights After a Drunk Driving Crash
- Can You Sue a Bar or Restaurant? Illinois Dram Shop Law Explained
- What Damages Can You Recover After a Drunk Driving Accident in Aurora?
- How Briskman Briskman & Greenberg Can Help Aurora Drunk Driving Victims
- FAQs About Aurora, IL Drunk Driving Accident Claims
Drunk Driving in Aurora, IL: A Serious and Growing Problem
Aurora is the second-largest city in Illinois, and it sits at the crossroads of some of the busiest roads in the Chicago suburbs. Route 31, Farnsworth Avenue, Ogden Avenue, and I-88 all run through or near the city. These roads carry heavy traffic every day, and unfortunately, some of those drivers are impaired.
The Aurora Police Department made 473 drunk driving arrests in 2024, an almost 30% increase from the previous year. That number put Aurora at the top of a statewide survey of municipal DUI arrests. The city’s proximity to Chicago, combined with a busy nightlife along New York Street and the Fox Valley Mall area, means drunk driving crashes happen here with alarming frequency.
Drunk driving is part of a significant number of fatal crashes, with 32% of all traffic fatalities in the United States involving at least one alcohol-impaired driver, according to data from the U.S. Department of Transportation’s National Highway Traffic Safety Administration. That percentage was slightly higher in Illinois, at 37%. These are not just numbers. They represent real people who were driving to work, picking up their kids, or heading home from a night out, only to be hit by someone who had no business being behind the wheel.
Many fatal crashes in Aurora involve alcohol or drug impairment, particularly at night. If you were hurt near one of these high-risk areas, you deserve a legal team that takes your case seriously. As a Chicago abogado de lesiones personales firm serving Aurora and the surrounding suburbs, Briskman Briskman & Greenberg is here to fight for you.
Illinois Law and Your Rights After a Drunk Driving Crash
Illinois law gives you strong rights when a drunk driver injures you. Under 625 ILCS 5/11-501, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Some drivers think staying under the 0.08% BAC mark will keep them safe from prosecution, but that is not necessarily true. If a driver shows signs of impairment, even with a BAC under 0.08%, they can still be charged and convicted of DUI in Illinois.
On the civil side, Illinois law allows you to sue a drunk driver for the injuries and losses they caused you. You can seek compensation for medical bills, lost wages, pain and suffering, and more. Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. This matters because it means that if multiple parties share fault for your crash, you can still recover your full medical costs.
You also need to know about the statute of limitations. Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a personal injury lawsuit in Illinois. Miss that deadline and you could lose your right to recover anything. That is why it is so important to speak with a drunk driving attorney as soon as possible after your crash.
Under 625 ILCS 5/11-401, the driver of any vehicle involved in a crash resulting in personal injury or death must immediately stop at the scene and remain there until they have fulfilled their legal duties. A driver who flees the scene faces serious criminal charges, including felony classification. If the drunk driver who hit you fled the scene, that fact can be powerful evidence in your civil case.
Can You Sue a Bar or Restaurant? Illinois Dram Shop Law Explained
Many people do not realize that the drunk driver may not be the only party you can hold responsible. Illinois has a Dram Shop Act, codified at 235 ILCS 5/6-21, which allows injured victims to bring a claim against the bar, restaurant, or liquor store that sold or provided alcohol to the person who hurt them.
Under the law, every person who is injured in Illinois by an intoxicated person has a right of action against any licensed seller of alcohol who caused that person’s intoxication by selling or giving them alcohol. This means that if a bartender on New York Street in Aurora kept serving drinks to someone who was visibly drunk, and that person then got behind the wheel and crashed into your car on Route 30, the bar could be held liable alongside the driver.
The law also extends liability to property owners. Any person who owns or rents a building and knowingly permits the sale of alcohol there can be held jointly liable if that alcohol caused someone’s intoxication and resulting injury. The Dram Shop Act does have a one-year statute of limitations, which is shorter than the two-year window for standard personal injury claims. This makes acting quickly even more critical.
Nuestra drunk driving attorneys know how to investigate third-party liability and build a strong case against every responsible party. Do not assume the driver is the only one who owes you compensation.
What Damages Can You Recover After a Drunk Driving Accident in Aurora?
A drunk driving crash can turn your life upside down in seconds. The physical injuries alone, including broken bones, traumatic brain injuries, spinal cord damage, and internal bleeding, can require weeks or months of treatment. But the financial and emotional toll goes far beyond the emergency room.
In an Illinois personal injury case, you may be able to recover compensation for:
- Past and future medical expenses, including surgery, rehabilitation, and ongoing care
- Lost wages and reduced earning capacity if your injuries keep you from working
- Pain and suffering, both physical and emotional
- Property damage to your vehicle
- Pérdida del disfrute de la vida
- Disfigurement or permanent disability
If a loved one was killed in a drunk driving crash, Illinois’ Wrongful Death Act (740 ILCS 180) allows the deceased person’s family to bring a claim for the losses they suffered as a result of that death. This can include funeral costs, loss of financial support, and loss of companionship.
Illinois also allows for punitive damages in cases involving willful and wanton conduct. Drunk driving, especially by a repeat offender, can qualify. Punitive damages are meant to punish the wrongdoer and deter others from making the same reckless choice.
Nuestra drunk driving lawyers will work to identify every source of compensation available to you. We handle cases in Kane County, DuPage County, Cook County, and across the Chicago metro area, and we know how to build cases that get results.
How Briskman Briskman & Greenberg Can Help Aurora Drunk Driving Victims
When you have been hurt by a drunk driver, you need someone in your corner who knows Illinois personal injury law and who will fight hard for you. At Briskman Briskman & Greenberg, we have been representing injured people in Chicago and the surrounding suburbs for decades. We handle drunk driving accident cases throughout the area, including Aurora, Naperville, Joliet, and the communities along I-88 and I-55.
From the moment you contact us, we get to work. We gather police reports, obtain surveillance footage from nearby businesses, subpoena bar records, and work with accident reconstruction experts when needed. We know how to build a compelling case that holds drunk drivers and other responsible parties fully accountable.
We also handle cases involving recreational vehicles and other types of impaired driving. Our drunk driving lawyers understand that these crashes can happen in many settings, not just on the highway. Whether your crash happened on Route 31 near the Aurora Fox River waterfront, on Ogden Avenue near the Westfield Fox Valley Mall, or anywhere else in the region, we are ready to help.
We also work with clients in northern Illinois, including those involved in crashes along the North Shore and beyond. Our drunk driving lawyer team serves clients in Gurnee, Waukegan, and Lake County as well. No matter where your crash happened, we can help you pursue the compensation you deserve.
We handle cases on a contingency fee basis. That means you pay nothing unless we recover money for you. There is no risk in calling us. If you or a loved one was hurt in a drunk driving crash near Aurora or anywhere in the Chicago area, contact Briskman Briskman & Greenberg today for a free consultation. Call us or fill out our online contact form to get started.
FAQs About Aurora, IL Drunk Driving Accident Claims
How long do I have to file a drunk driving accident lawsuit in Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a personal injury lawsuit in Illinois. However, if you plan to bring a Dram Shop claim against a bar or restaurant under 235 ILCS 5/6-21, that deadline is only one year. Missing either deadline can bar you from recovering any compensation, so it is important to speak with an attorney as soon as possible after your crash.
Can I sue the bar that served the drunk driver who hit me?
Yes, in many cases you can. Illinois’ Dram Shop Act (235 ILCS 5/6-21) allows injured victims to bring a claim against any licensed seller of alcohol who caused a person’s intoxication by selling or giving them alcohol, if that intoxicated person then went on to injure someone else. You may be able to pursue both the driver and the establishment that served them, which can significantly increase the total compensation available to you.
What if the drunk driver had no insurance or very little coverage?
This is a real concern, and it does not necessarily mean you are out of options. You may be able to recover compensation through your own uninsured or underinsured motorist coverage. You may also have a Dram Shop claim against the bar or restaurant that served the driver. An attorney can review all possible sources of recovery in your case, including third-party liability and other insurance policies that may apply.
What should I do immediately after a drunk driving crash in Aurora?
Call 911 right away and get medical attention, even if you feel okay. Under 625 ILCS 5/11-401, the driver involved in a crash causing injury must stop and remain at the scene. Document as much as you can, including photos of the vehicles, the scene, and any visible injuries. Get the names and contact information of witnesses. Then contact a personal injury attorney before speaking with any insurance company, including your own.
How much is my drunk driving accident case worth?
Every case is different, and the value depends on factors like the severity of your injuries, your total medical costs, how much work you missed, and whether punitive damages may apply. In cases involving drunk driving, courts can award punitive damages in addition to compensation for your actual losses, because drunk driving is considered willful and wanton conduct under Illinois law. The best way to get a realistic picture of what your case may be worth is to speak with an attorney who can review the specific facts of your situation.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Aurora, IL
- Aurora, IL Bicycle Accident Lawyer
- Aurora, IL Car Accident Lawyer
- Aurora, IL Distracted Driving Accident Lawyer
- Aurora, IL Fatal Car Accident Lawyer
- Aurora, IL Motorcycle Accident Lawyer
- Aurora, IL Pedestrian Accident Lawyer
- Aurora, IL Truck Accident Attorney
- Aurora, IL Uber Accident Lawyer
- Aurora, IL Lyft Accident Lawyer
- Aurora, IL Uninsured Motorist Accident Lawyer
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