Filing a Lawsuit After a Crash With a Drunk or High Driver

 Posted on September 19, 2025 in Car Accidents

Every year, families in Illinois are devastated by car crashes caused by impaired drivers. Whether the person behind the wheel was drunk or high, the choice to drive under the influence can lead to terrible injuries or even death. 

At Premier Illinois Injury Lawyers, our father and daughter legal team has more than 25 years of combined experience helping injured clients. We handle serious car accident claims, offer free consultations, and provide clients with contingency billing. This means you do not pay unless we recover compensation for you.

If you or a loved one has been harmed in an accident, filing a lawsuit may be the most effective way to get compensation. Call our Lake County personal injury lawyers today at 847-796-8448 to find out how we can help.

Illinois Law on Drunk and Drugged Driving

In Illinois, driving with a blood alcohol concentration (BAC) of 0.08 or higher is illegal (625 ILCS 5/11-501.8). The law also prohibits operating a vehicle while under the influence of drugs. Whether those drugs are illegal substances like heroin and cocaine, or prescription medications that impair driving ability, makes no difference.

When an impaired driver causes a crash, victims have the right to hold that driver financially accountable in civil court, regardless of whether criminal charges are pursued.

The Lawsuit Process After a DUI-Related Crash

Filing a lawsuit after a crash with a drunk or high driver usually begins after urgent medical needs are taken care of. Once you are stable, your attorney can begin collecting evidence and filing the necessary paperwork.

The process often involves:

1. Investigation: Police reports, medical records, witness statements, and any evidence of the driver’s impairment.

2. Filing the Complaint: Drafting and submitting the official complaint that says how the impaired driver caused your injuries.

3. Discovery: Exchanging information with the other side. This often includes depositions and requests for documents.

4. Negotiation: Many cases are handled through settlement discussions once evidence of impairment is clear.

5. Trial: If a settlement cannot be reached, the case may go before a judge or jury.

The timeline for these cases varies but can often last from several months to more than a year, depending on complexity and whether the case goes to trial.

Damages You May Recover for a Car Accident with a Drunk Driver

In lawsuits involving drunk or high drivers, victims may be entitled to recover compensation for a wide range of damages. The most common of these are medical bills. From emergency room care to long-term needs, whatever bills you have from seeing doctors because of the crash should be covered.

Next, if you missed work in the short- or long-term, you can ask for that to be compensated. Other financial damages, like damage to your car, should be covered too. Non-financial matters like pain and suffering can be compensated as well. In the most serious cases when someone dies, funeral expenses and loss of companionship are often available. 

In some situations, Illinois courts may also award punitive damages. Punitive damages punish especially reckless behavior and send a strong message against drunk and drugged driving.

Contact a Lake Zurich, IL Car Crash Lawyer

If you have been hurt in a crash caused by a drunk or high driver, you deserve justice and compensation. At Premier Illinois Injury Lawyers, our Lake County, IL car accident attorneys are available to guide you through every step of the lawsuit process. With free consultations, contingency billing, and over 25 years of experience, we are ready to put our knowledge to work. Call 847-796-8448 today to schedule a consultation with our team.