A Drunk Driver Hit Me - What Do I Do?

 Posted on March 27, 2026 in DUI car crashes

We all know that people drink and drive, but this reality might not really come home to you until you’re hit by a drunk driver. You might find yourself reeling in the aftermath: you’ve got major damage to your car, and, worse, serious injuries to yourself or your passengers. Insurance calls are looming in your future. All this because someone decided they didn’t want to call a ride. What do you do now?

From the moments after an accident to the moment when you need to make big decisions about taking legal action, a Des Plaines personal injury attorney will walk you through your next steps. If you’re considering a lawsuit in 2026, you need a clear picture of how the process works.

What Should You Do Right After a Drunk Driver Hits You?

The steps you take immediately after a drunk driving crash may make a big difference in how your case goes if you decide to pursue damages. Here is what to do as soon as you are able:

• Call the police and make sure an officer responds to the scene. A police report is important documentation, especially if the driver is tested for alcohol.

• Seek medical attention, even if you feel okay. Some injuries are not obvious right away, and having medical records from the date of the accident strengthens your case.

• Photograph everything. This means vehicle damage, injuries, the layout of the scene, and any skid marks or debris showing how the cars traveled.

• Get the other driver's name, insurance information, and license plate number.

• Collect names and contact information from any witnesses.

Do not accept any quick settlement offer from an insurance company before speaking with a lawyer. These early offers are typically designed to close your claim before you know the full extent of your damages. Don’t say anything that could be interpreted as you having contributed to the accident. Having legal help early can help you avoid accidentally implicating yourself or accepting an insurance settlement that’s unfairly low.

Who’s Liable for a Drunk Driving Accident in Illinois?

This is where drunk driving cases get more interesting than a typical car accident. The driver who hit you is the obvious starting point, but they may not be the only party with legal responsibility.

The Drunk Driver

The driver who chose to get behind the wheel while intoxicated is clearly liable for the harm they caused. The legal blood alcohol level in Illinois is .08 percent. According to the Illinois DUI Factbook, the average drunk driver is caught driving with a blood alcohol content of .17 – more than twice the illegal limit. 

A chemical test showing a blood alcohol content above the legal limit is strong evidence of something referred to as "negligence per se." This is when the violation of the law itself is proof of fault. Refusal to take a test doesn’t prevent liability.

The Bar or Restaurant That Served Them

Under the Illinois Dram Shop Act (235 ILCS 5/6-21), a bar, restaurant, or other licensed establishment can be held liable for damages caused by a customer they over-served. If the driver left a restaurant or bar intoxicated and then caused your accident, that business may share financial responsibility for your damages.

An Adult Who Supplied the Alcohol If the Driver Is a Minor

If the driver was under 21 and was given alcohol from an adult in the adult’s home, that adult may also face liability. Illinois law does not let people off the hook for putting an intoxicated minor behind the wheel.

The Driver's Insurance (Or Your Own)

Filing a claim against the at-fault driver's insurance is the most common path forward. If that driver was uninsured or underinsured, you may be able to pursue a claim through your own policy's uninsured motorist coverage.

Having multiple potential sources of compensation is good news. It means you have more options for recovering the full amount you are owed.

What Can You Recover After a Drunk Driver Hits You?

Drunk driving crashes often cause serious injuries, and the financial impact can stretch well beyond the accident and the initial medical treatment. Depending on your situation, you may be able to seek compensation for medical bills (including future treatment costs), lost wages if you were unable to work during recovery, damage to your vehicle, and pain and suffering. In cases involving a fatality, a wrongful death claim may be available to the victim's family.

Illinois has a two-year statute of limitations for personal injury claims, which means you generally have two years from the date of the accident to file a lawsuit. That may feel like plenty of time, but don’t wait. Your case only gets weaker as more time passes. Evidence fades, and insurance companies will be moving quickly to get things settled. Acting fast gives your case a better foundation.

Call a Glenview, IL Personal Injury Attorney Today

If a drunk driver injured you, contact our Des Plaines drunk driving accident lawyer at Quinn Law Group, LLC for a free consultation about your case. Our attorney will personally review your case, identify every party that may be liable, and fight to get you the compensation you deserve. Call Quinn Law Group, LLC at 847-232-7180 today for a free consultation.