In 2024, there were approximately 21,000 drunk driving (DUI) arrests in the State of Illinois, according to the Secretary of State’s office. Many of these DUI cases involved accidents where innocent people were killed or seriously injured. Indeed, the Secretary of State’s figures indicate that about 23 percent of all reported automobile fatalities were the result of a DUI accident.
Civil vs. Criminal Liability for DUI in Illinois
We all know that drunk driving carries significant criminal penalties in Illinois. But what about civil penalties? Can you sue a drunk driver for damages if you are injured in an auto accident?
The simple answer is “yes.” Illinois is a fault-based state when it comes to auto accidents. This means that if a reckless or negligent driver hits someone, they can be held civilly and financially liable for the victim’s injuries, regardless of whether any separate criminal sanctions apply to the same accident.
Indeed, you can sue a drunk driver for damages even if that same driver is never charged with, or convicted of, DUI or any other crime. Keep in mind, the burden of proof in a criminal prosecution is significantly higher than in a civil lawsuit. In a personal injury case, you only need to prove the defendant was responsible for your accident by a “preponderance of the evidence,” i.e., it was more likely than not that the defendant’s actions caused your injuries.
That said, some aspects of DUI accidents distinguish them from other types of personal injury cases:
- Punitive Damages: In any Illinois car accident lawsuit, the victim has the right to recover economic and non-economic damages from the negligent driver. In DUI accident cases, the victim may also be able to seek punitive damages. Also known as exemplary damages in Illinois, punitive damages are meant to punish and deter “gross negligence,” which includes drunk driving.
- No Bankruptcy: In most personal injury lawsuits, an insolvent defendant can get a civil judgment discharged by filing for bankruptcy, which absolves them of any future legal obligation to pay that debt. The federal Bankruptcy Code, however, expressly forbids the discharge of any debt arising from drunk driving. So if you obtain a personal injury judgment or settlement against a drunk driver, they cannot avoid paying you by declaring bankruptcy.
- Restitution: If the State of Illinois successfully prosecutes the drunk driver who caused your car accident, the judge can order restitution as part of the sentence. Restitution is meant to compensate crime victims for their provable financial losses. Unlike a successful personal injury lawsuit, however, restitution will not cover your non-economic losses, such as pain and suffering.
Contact a Rockford DUI Accident Attorney Today
When it comes to a drunk driving accident, you do not have to just sit back and wait for the criminal justice system to act. As the victim, you have the right to demand compensation for your injuries and other accident-related losses through the civil justice system. Our Rockford DUI accident attorneys can help you in that process. Contact Tuite Law today at (815) 965-5777 to schedule a free consultation.
