Bloomington Drunk Driving Accident Lawyer

If you or someone you love was hurt in a drunk driving accident in or around the Bloomington area of Chicago, you are probably dealing with a lot right now. Medical bills, pain, missed work, and unanswered questions can feel overwhelming. The good news is that Illinois law gives you real rights, and the team at Briskman Briskman & Greenberg is ready to help you use those rights to pursue the compensation you deserve. Read on to learn what you need to know about drunk driving accident claims in Illinois and why acting fast matters.

Table of Contents

• The Scope of Drunk Driving Accidents in Illinois
• Illinois DUI Law and What It Means for Your Injury Claim
• Who Can Be Held Responsible for Your Injuries
• What Damages Can You Recover After a Drunk Driving Crash
• The Statute of Limitations and Why You Must Act Quickly
• Why Choose Briskman Briskman & Greenberg for Your Drunk Driving Accident Case
• FAQs About Bloomington Drunk Driving Accident Lawyers in Chicago

The Scope of Drunk Driving Accidents in Illinois

Drunk driving is not a small problem in Illinois. The National Highway Traffic Safety Administration estimates that 47% of Illinois motor vehicle fatalities involve alcohol. That is nearly half of all traffic deaths in the state. Across the country, the picture is just as grim. Alcohol-impaired driving remains a leading factor in fatal traffic crashes in the United States, and in 2023, 12,429 people died in alcohol-impaired-driving traffic crashes, accounting for nearly one third of all traffic crash fatalities nationwide.

Right here in Illinois, over 22% of fatal crashes in 2023 involved alcohol. Think about what that means for everyday drivers on Chicago’s busy roads. Whether you are traveling along I-55 near the Bloomington neighborhood, crossing the Chicago River on the way downtown, or heading home through Pilsen or Bridgeport, you share the road with drivers who may be impaired.

The Bloomington area of Chicago sits on the Southwest Side, not far from Midway Airport and the busy Cicero Avenue corridor. These are working-class neighborhoods with a lot of traffic, late-night activity, and, unfortunately, a real risk of encountering an impaired driver. Drunk driving crashes happen at all hours, not just late at night. They happen on surface streets, on the expressway, and in parking lots. No location is immune.

If you were hurt in one of these crashes, you did not cause this. A drunk driver made a choice that put your life at risk. Illinois law holds those drivers accountable, and so do we. Our drunk driving attorney team is here to fight for you.

Illinois DUI Law and What It Means for Your Injury Claim

Understanding the law that applies to your case helps you see why drunk driving victims have strong legal claims. Under Illinois law, specifically 625 ILCS 5/11-501, it is illegal to drive or be in physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. Illinois law under 625 ILCS 5/11-501(a) makes it unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating compound. Subsection (a)(2) also allows a DUI charge when the driver is under the influence of alcohol “to a degree that renders the person incapable of driving safely,” meaning a police officer who observes signs of impairment can arrest a person for DUI even if their BAC is below 0.08%.

What does that mean for your civil injury claim? A drunk driver who is charged with or convicted of DUI has already had their impairment documented by law enforcement. That evidence can be powerful in a personal injury lawsuit. You do not have to wait for a criminal conviction to file your civil case. The two legal processes run separately.

Illinois law also requires drivers involved in crashes to stay at the scene. Under 625 ILCS 5/11-401, any driver involved in a crash that causes personal injury must immediately stop and remain at the scene until all legal requirements are fulfilled. A driver who flees the scene faces serious criminal penalties, including felony charges. If the drunk driver who hit you tried to leave, that behavior can also be used against them in your civil case.

Our drunk driving lawyer team knows how to gather and use this evidence effectively. We work with law enforcement records, toxicology reports, and witness statements to build the strongest possible case for you.

Who Can Be Held Responsible for Your Injuries

Most people assume the drunk driver is the only party responsible for a crash. That is often not the whole story. In Illinois, you may be able to hold multiple parties accountable, and that can significantly increase the compensation available to you.

First, the drunk driver is clearly liable. Their decision to get behind the wheel while impaired is the direct cause of your injuries. But what about the bar, restaurant, or liquor store that served them? Illinois has a law called the Dram Shop Act, found at 235 ILCS 5/6-21. Under this law, any person injured 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 if a bar near Midway Airport kept serving a visibly drunk customer who then drove into your car on Cicero Avenue, you may have a claim against that bar.

The law also covers property owners who knowingly allow alcohol to be sold on their premises. The Dram Shop Act even covers situations where someone over 21 pays for a hotel room knowing a person under 21 will use it to drink illegally. Under the Act, you can recover for personal injury, property damage, and loss of means of support or society. “Loss of society” includes love, affection, care, attention, companionship, and guidance, meaning families of seriously injured victims can also seek compensation.

Our drunk driving attorneys have experience pursuing Dram Shop claims alongside personal injury claims. We know how to identify every party who shares responsibility and pursue all available avenues of recovery for you.

Illinois also has joint and several liability rules under 735 ILCS 5/2-1117. Under this law, any defendant whose fault is 25% or greater is jointly and severally liable for all damages, meaning you can pursue full compensation from any one of those defendants. This is a critical protection for injured victims.

What Damages Can You Recover After a Drunk Driving Crash

One of the most common questions we hear is, “What is my case worth?” The honest answer is that every case is different. But Illinois law allows injured victims to pursue a wide range of damages, and drunk driving cases often result in significant compensation because the conduct is so clearly reckless.

You may be able to recover for all of the following. Medical expenses, including emergency room visits, surgeries, hospital stays, physical therapy, and future medical care. Lost wages and lost earning capacity if your injuries keep you from working now or in the future. Pain and suffering, which accounts for the physical pain and emotional distress caused by the crash. Property damage, covering the cost to repair or replace your vehicle. Loss of a normal life, which covers the ways your injuries have changed your daily activities and enjoyment of life.

In some drunk driving cases, Illinois courts also award punitive damages. These are damages meant to punish the defendant for especially reckless conduct. Driving drunk is exactly the kind of willful, wanton behavior that can justify punitive damages. Our drunk driving lawyers will evaluate whether punitive damages apply in your situation.

If a loved one died in a drunk driving crash, Illinois law allows surviving family members to pursue a wrongful death claim. The Dram Shop Act also allows family members to seek damages for loss of support or society. The grief of losing someone to a preventable crash is immeasurable. While no amount of money can undo that loss, holding the responsible parties accountable can provide justice and financial security for your family.

Cases involving crashes on major routes like the Dan Ryan Expressway, the Stevenson Expressway, or local streets near Guaranteed Rate Field can involve complex liability questions. Briskman Briskman & Greenberg has the resources and experience to handle those cases.

The Statute of Limitations and Why You Must Act Quickly

Time is one of the most important factors in any personal injury case. Illinois law sets a deadline for filing a personal injury lawsuit. Under 735 ILCS 5/13-202, you generally have two years from the date of the accident to file your claim. If you miss that deadline, you lose your right to sue, no matter how serious your injuries are.

Two years might sound like a long time, but it goes faster than you think. Building a strong case takes time. Evidence needs to be gathered and preserved. Witnesses need to be interviewed while their memories are still fresh. Surveillance footage from nearby businesses or traffic cameras near landmarks like Guaranteed Rate Field or the Stevenson Expressway gets erased or recorded over. Accident reconstruction experts need to be retained. Medical records need to be collected and reviewed.

There is also a separate and shorter deadline under the Dram Shop Act. Under 235 ILCS 5/6-21, a Dram Shop claim must be filed within one year of the date the cause of action accrued. That is half the time you have for a standard personal injury claim. If you want to pursue a bar or restaurant for over-serving the drunk driver who hit you, you cannot afford to wait.

The sooner you contact Briskman Briskman & Greenberg, the sooner we can get to work protecting your rights. We will send a preservation letter to any business that may have served the driver, secure the evidence we need, and begin building your case right away. Do not let the clock run out on your claim. Our drunk driving lawyers are ready to move quickly on your behalf.

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 are a Chicago law firm with deep roots in this community, and we genuinely care about the people we represent. We have handled personal injury cases across the city, from the South Side neighborhoods near Bloomington to the North Shore and everywhere in between. We know the Cook County court system, we know the judges, and we know how to get results for our clients.

We handle drunk driving accident cases on a contingency fee basis. That means you pay nothing unless we recover money for you. There are no upfront costs and no hourly fees. You can focus on healing while we focus on your case. We take on the insurance companies, the defense lawyers, and anyone else who tries to minimize what you are owed.

Drunk driving cases can be emotional and complicated. You may be dealing with a serious injury, a long recovery, and financial stress all at the same time. You should not have to fight an insurance company on top of all that. Let us handle the legal fight so you can focus on what matters most, getting better and getting your life back on track.

We serve clients throughout Chicago and the surrounding areas, including those in Southwest Side neighborhoods like Bloomington, Brighton Park, McKinley Park, and Back of the Yards. If you were hurt in a drunk driving crash anywhere in or around Chicago, we want to hear from you. Call us today for a free consultation. There is no obligation, and everything you share with us is confidential.

FAQs About Bloomington Drunk Driving Accident Lawyers in Chicago

How do I know if I have a valid drunk driving accident claim in Illinois?

If another driver’s impairment caused your injuries, you likely have a valid claim. You do not need a criminal conviction to pursue a civil case. Evidence of impairment, such as a police report noting signs of intoxication, a failed field sobriety test, or a positive breathalyzer result, can support your claim. Contact Briskman Briskman & Greenberg for a free consultation and we will review the facts of your case at no charge.

Can I sue the bar that served the drunk driver who hit me?

Yes, in many situations you can. Illinois’s Dram Shop Act, found at 235 ILCS 5/6-21, allows injured victims to sue licensed alcohol sellers who caused a person’s intoxication by selling or giving them alcohol. If the bar, restaurant, or liquor store over-served the driver who hit you, they may share legal responsibility for your injuries. Keep in mind that Dram Shop claims must be filed within one year of the accident, so time is critical.

What if the drunk driver does not have enough insurance to cover my damages?

This is a real concern, and it is one reason why pursuing a Dram Shop claim can be so valuable. Bars and restaurants typically carry more insurance than individual drivers. Our team will identify every party who may be liable and every source of compensation available to you. We will also review your own insurance policy for uninsured or underinsured motorist coverage that may apply to your case.

How long will my drunk driving accident case take to resolve?

Every case is different. Some cases settle in a matter of months, while others take longer if the parties cannot agree on a fair amount or if the case goes to trial. What we can tell you is that we will move as efficiently as possible without sacrificing the quality of your case. We keep our clients informed at every step and never pressure anyone into accepting a settlement that does not fully cover their losses.

What should I do immediately after a drunk driving accident in Chicago?

First, call 911 and get medical attention, even if you feel okay. Injuries from car crashes can take hours or days to fully appear. Get a copy of the police report, take photos of the scene and your injuries if you can, and collect contact information from any witnesses. Do not give a recorded statement to any insurance company before speaking with a lawyer. Then call Briskman Briskman & Greenberg as soon as possible so we can begin protecting your rights right away.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Bloomington
• Bloomington Bicycle Accident Lawyer
• Bloomington Car Accident Lawyer
• Bloomington Distracted Driving Accident Lawyer
• Bloomington Fatal Car Accident Lawyer
• Bloomington Motorcycle Accident Lawyer
• Bloomington Pedestrian Accident Lawyer
• Bloomington Truck Accident Attorney
• Bloomington Uber Accident Lawyer
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• Bloomington Uninsured Motorist Accident Lawyer