What Are Your Legal Options if You’re Injured by a Drunk Driver?

Being hit on the road by a drunk driver can turn your life upside down. The physical injuries, emotional trauma, and mounting medical bills create an overwhelming situation you never asked for. If you’re wondering what legal rights you have after this devastating experience, you may have more options than you realize.

At Saks, Robinson & Rittenberg, Ltd., we’ve been dedicated to helping Chicago accident victims secure the compensation they deserve for their injuries since 1978. We recognize that drunk driving cases often present unique considerations that require thorough examination in the pursuit of compensation. After a drunk driving accident, your legal options may include:

• • Pursue insurance claims (yours and theirs)
  • Seek compensation even without driver insurance

• File a personal injury lawsuit against the drunk driver

Let’s explore each of these ways forward and how they can help you recover financially.

Insurance Claims: Multiple Avenues for Recovery

Insurance claims offer a typical path to compensation after a car accident. You may be able to file claims with:

• Your own insurance company for immediate coverage under your policy
• The drunk driver’s insurance for liability coverage

Some insurance companies try to deny claims when their policyholder was driving while drunk, arguing the driver was acting willfully negligent. However, courts can force these companies to pay, especially when you have experienced legal representation fighting for your rights.

What if the Drunk Driver Has No Insurance?

This frightening scenario doesn’t leave you without options. You can still:

• Sue the driver personally for all damages, though collecting may prove challenging
• Use your uninsured motorist coverage if you have this protection
• Consider other liable parties, like bars that overserved the driver, through means such as dram shop laws

An experienced attorney can help you investigate all available recovery sources.

Filing a Personal Injury Lawsuit

You have the right to sue the drunk driver directly for your injuries. Illinois follows an “at-fault” system, meaning the responsible party in a car crash must pay for damages they cause. This lawsuit can cover:

• Medical expenses (current and future)
• Lost wages and earning capacity
• Pain and suffering
• Property damage

As a personal injury claimant, you must follow Illinois’s statute of limitations and file your lawsuit within two years of the accident. Missing this deadline means losing your right to compensation.

DUI Conviction: Powerful Evidence for Your Case

If police arrested the drunk driver at the scene, their criminal case can become crucial evidence for your civil claim. A guilty plea or conviction proves the driver violated traffic laws through negligent behavior.

This criminal conviction strengthens your case significantly. Judges and juries often view DUI convictions as clear evidence of fault, making it easier to prove the driver’s liability for your injuries.

However, it’s important not to wait for the criminal case to conclude before pursuing your civil claim. These cases run on separate timelines, and waiting could jeopardize your right to compensation.

Take Legal Action and Pursue Justice

The aftermath of a drunk driving accident affects every aspect of your life. You shouldn’t face the financial burden of someone else’s reckless decision. Understanding your legal options and working with an injury attorney empowers you to seek the compensation needed for proper medical care and financial stability.

At Saks, Robinson & Rittenberg, Ltd., we fight for injury victims in Chicago and throughout Cook County. Our experienced personal injury attorneys know how to pursue maximum compensation in accident cases, including cases where drunk driving is a factor. Contact us today for a free case evaluation to discuss your specific situation and legal options.