Our Lawyers
Elgin Drunk Driving Accident Lawyer
If you or someone you love was hurt in a drunk driving accident near Elgin, Illinois, you are probably overwhelmed right now. Medical bills are piling up. You may be missing work. And the driver who caused all of this may already have an insurance company working to limit what you recover. You deserve someone in your corner who knows Illinois personal injury law and who will fight hard to get you every dollar you are owed. At Briskman Briskman & Greenberg, we represent injured victims across the Chicago area, including the Elgin and Kane County region, and we are ready to help you.
Table of Contents
- Drunk Driving Accidents in Elgin and the Surrounding Area
- Illinois Laws That Protect Drunk Driving Accident Victims
- Illinois Dram Shop Liability: Can You Sue the Bar?
- What Compensation Can You Recover After an Elgin Drunk Driving Accident?
- What to Do After a Drunk Driving Accident Near Elgin
- FAQs About Elgin Drunk Driving Accident Claims
Drunk Driving Accidents in Elgin and the Surrounding Area
Elgin sits along the Fox River in Kane County, about 35 miles northwest of downtown Chicago. It is a busy community, with major roads like Route 20, Interstate 90, and Randall Road seeing heavy traffic every day. Unfortunately, those same roads are also where drunk driving accidents happen. The Elgin area has seen its share of serious DUI-related crashes over the years, and the consequences for victims can be life-changing.
In 2023, 12,429 people died in alcohol-impaired driving traffic crashes, accounting for nearly one third of all traffic crash fatalities nationwide. That number should stop you in your tracks. Drunk driving is not just a bad decision, it is a dangerous act that puts every person on the road at risk. The National Highway Traffic Safety Administration estimates 47% of Illinois motor vehicle fatalities involve alcohol. That figure shows just how serious the problem is right here in our state.
Whether the crash happened on the I-90 corridor near Elgin, on Randall Road, or near the downtown area along the Fox River, the injuries can be severe. Broken bones, traumatic brain injuries, spinal cord damage, and wrongful death are all too common in these cases. If you were hurt by a drunk driver anywhere in the Elgin area, you have legal rights, and you should act quickly to protect them. Our team at Briskman Briskman & Greenberg, a trusted Chicago personal injury lawyer firm, is here to guide you every step of the way.
Illinois Laws That Protect Drunk Driving Accident Victims
Illinois law gives drunk driving accident victims powerful tools to seek justice. Understanding these laws can help you see why your case may be stronger than you think.
First, under Illinois law (625 ILCS 5/11-401), any driver involved in a crash that causes personal injury or death must stop at the scene immediately. Leaving the scene is a serious criminal offense. A driver who flees and fails to comply can face a Class 4 felony charge, and if the crash resulted in death, a Class 1 felony. This law matters for your civil case because a driver who breaks it faces both criminal and civil consequences.
Second, Illinois has a two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. That means you generally have two years from the date of the accident to file a lawsuit. Missing that deadline can mean losing your right to recover compensation entirely. Do not wait. Contact an attorney as soon as possible after your accident.
Third, Illinois law also allows claims under the Dram Shop Act (235 ILCS 5/6-21). This law holds alcohol sellers accountable when they serve someone who then causes an accident. Our experienced drunk driving attorney team understands how to build these claims and pursue every available avenue for compensation on your behalf.
Illinois Dram Shop Liability: Can You Sue the Bar?
Many people do not realize that the drunk driver may not be the only party you can hold responsible. Illinois’s Dram Shop Act (235 ILCS 5/6-21) is one of the most important tools available to accident victims in this state. Under this law, any person injured by an intoxicated person has a right of action against any licensed alcohol seller who caused that intoxication by selling or giving alcohol to the person who hurt them.
Think about what that means in practice. If a bar in Elgin, a restaurant near the Gail Borden Public Library, or a venue along the Fox River Valley served a customer who was already visibly drunk, and that customer then got behind the wheel and caused a crash, that establishment may share legal liability for your injuries. The law also extends to property owners who knowingly permit alcohol to be sold on their premises when that sale causes someone’s intoxication.
There are important limits to keep in mind. Under the Dram Shop Act, actions must be filed within one year after the cause of action accrued. This is a shorter deadline than the standard two-year personal injury statute of limitations. This is one more reason to contact our drunk driving attorneys right away. We can evaluate whether a dram shop claim applies in your case and make sure all deadlines are met. Also worth noting: the Dram Shop Act does not give the intoxicated person themselves a right to sue under this section. It protects the innocent victims who were hurt by that person’s actions.
The liability limits under the Dram Shop Act are adjusted annually by the Illinois Comptroller and made available by January 31 of each year. Courts apply the limits in effect at the time a final judgment or settlement is reached. Our team stays current on these figures so we can give you an accurate picture of what your case may be worth.
What Compensation Can You Recover After an Elgin Drunk Driving Accident?
After a drunk driving crash, you are likely facing costs that go far beyond what you expected. Medical treatment, surgery, physical therapy, lost wages, and pain and suffering all add up fast. Illinois law allows injured victims to seek compensation for all of these losses, and in some cases, even more.
Here is a look at what you may be able to recover:
- Medical expenses: This includes emergency room visits, hospital stays, surgeries, medications, and ongoing rehabilitation. Keep every bill and receipt.
- Lost wages: If your injuries kept you from working, you can seek compensation for the income you lost. This also includes future lost earning capacity if your injuries are long-term.
- Pain and suffering: Illinois law allows you to recover for physical pain, emotional distress, and reduced quality of life.
- Property damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
- Wrongful death damages: If you lost a family member in the crash, Illinois’s Wrongful Death Act (740 ILCS 180) allows surviving family members to seek compensation for their loss.
- Loss of society: Under the Dram Shop Act, family members may also seek damages for loss of society, defined as the mutual benefits that each family member receives from the other’s continued existence, including love, affection, care, attention, companionship, comfort, guidance, and protection.
Drunk driving cases can also support claims for punitive damages in certain circumstances, because the at-fault driver’s conduct goes beyond simple negligence. Our drunk driving lawyers know how to build the strongest possible case for maximum compensation. We handle cases involving crashes on I-90, Route 20, Randall Road, and throughout the Kane County and Cook County areas.
What to Do After a Drunk Driving Accident Near Elgin
The steps you take right after a drunk driving crash can have a big impact on your case. Here is what you should do:
- Call 911 immediately. Illinois law requires drivers involved in crashes with injuries to stop and remain at the scene. A police report is critical evidence in your case. Under 625 ILCS 5/11-401, any person arrested for leaving the scene may be subject to chemical testing within 12 hours of the crash.
- Seek medical attention right away. Even if you feel okay, some injuries do not show symptoms immediately. A medical record from the day of the crash is important proof that your injuries are connected to the accident.
- Document the scene. Take photos of the vehicles, road conditions, any visible injuries, and anything else that might be relevant. If there are witnesses, get their contact information.
- Get a copy of the police report. The Elgin Police Department partners with Docview to make crash reports available to the public. This report may include the officer’s observations about the at-fault driver’s intoxication.
- Do not talk to the other driver’s insurance company. Insurance adjusters are trained to minimize payouts. Anything you say can be used against you later.
- Contact Briskman Briskman & Greenberg. The sooner you have an attorney working on your case, the better. Evidence can disappear quickly, and deadlines matter under Illinois law.
Our drunk driving lawyer team serves clients throughout the Chicago area, including Elgin, Kane County, and the surrounding suburbs. We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win your case. We also handle cases involving recreational vehicle accidents and other types of impaired driving, so do not hesitate to reach out no matter the circumstances of your crash. Our drunk driving lawyers have the experience to handle even the most complex impaired driving accident claims.
You should not have to fight an insurance company, a bar’s legal team, and a drunk driver’s attorney all on your own. Let Briskman Briskman & Greenberg take that burden off your shoulders. We have been fighting for injured people in the Chicago area for decades, and we are ready to fight for you. Call us today for a free, no-obligation consultation.
FAQs About Elgin Drunk Driving Accident Claims
How long do I have to file a drunk driving accident lawsuit in Illinois?
Under Illinois law (735 ILCS 5/13-202), you generally have two years from the date of the accident to file a personal injury lawsuit. However, if you plan to bring a claim under the Illinois Dram Shop Act against a bar or alcohol seller, that deadline is shorter: just one year from when the cause of action accrued. Missing either deadline can permanently bar your right to recover. Contact Briskman Briskman & Greenberg as soon as possible to make sure your claim is filed on time.
Can I sue the bar or restaurant that served the drunk driver?
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 alcohol seller who caused a person’s intoxication by selling or giving them alcohol, if that intoxicated person then caused your injuries. This can include bars, restaurants, and even private individuals who knowingly provided alcohol in certain situations. These claims have their own rules and a one-year statute of limitations, so acting quickly is critical.
What if the drunk driver does not have enough insurance to cover my damages?
This is a real concern, but you may have more options than you think. First, a Dram Shop claim against the bar or establishment that served the driver could provide an additional source of recovery. Second, your own uninsured or underinsured motorist coverage may apply. Third, if the driver was working at the time of the crash, their employer may also be liable. Briskman Briskman & Greenberg will investigate every possible avenue to maximize your recovery.
Do I need to prove the driver was drunk, or does a DUI arrest do that for me?
A DUI arrest or conviction is strong evidence in your civil case, but it is not the only evidence you need. In a civil case, the standard of proof is lower than in a criminal case. You must show that the driver’s intoxication was a cause of your injuries by a preponderance of the evidence, meaning it is more likely true than not. Evidence like police reports, blood alcohol test results, witness statements, and surveillance footage can all support your claim. Our attorneys know how to gather and use this evidence effectively.
How much is my Elgin drunk driving accident case worth?
Every case is different, and the value of your claim depends on factors like the severity of your injuries, the amount of medical treatment you need, whether you missed work, and the level of the at-fault driver’s negligence. Drunk driving cases can sometimes support claims for punitive damages in addition to compensatory damages, which can increase the overall value of your case. The best way to get an accurate picture of what your case may be worth is to speak directly with an attorney. Contact Briskman Briskman & Greenberg for a free consultation today.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Elgin
- Elgin Bicycle Accident Lawyer
- Elgin Car Accident Lawyer
- Elgin Distracted Driving Accident Lawyer
- Elgin Fatal Car Accident Lawyer
- Elgin Motorcycle Accident Lawyer
- Elgin Pedestrian Accident Lawyer
- Elgin Truck Accident Attorney
- Elgin Uber Accident Lawyer
- Elgin Lyft Accident Lawyer
- Elgin Uninsured Motorist Accident Lawyer
SEEN ON:
