If a drunk driver hit you — or someone you love — the bar that kept pouring drinks may share the legal responsibility. Illinois has a law specifically designed for this situation, and our dram shop attorney in Chicago team has helped clients pursue both the driver and the establishment that overserved them. Read on for this guide from the Chicago injury attorney team at Lerner and Rowe to learn more.
What Is the Illinois Dram Shop Act?
Illinois Dram Shop Act 235 ILCS 5/6-21 is a state law that holds bars, restaurants, liquor stores, and other alcohol-serving businesses civilly liable when they sell or give alcohol to a person who then injures someone else.
Liability arises under a statute rather than traditional negligence principles, meaning plaintiffs generally do not have to prove that the establishment acted unreasonably in the ordinary negligence sense. You don’t have to prove the bar was negligent in the traditional sense. You just have to show that the establishment furnished alcohol to someone who went on to cause your injuries in order to qualify as bar liability for a drunk driver in Chicago.
Who Can Be Held Accountable for This?
The law covers all sorts of places that serve alcohol in Illinois, including:
- Bars and nightclubs in River North, Wicker Park or Wrigleyville
- Restaurants that serve liquor
- Liquor stores
- Catering companies and event venues that provide bar services
- Hotel bars and airport lounges
As for parties in people’s homes, those aren’t usually covered under the Dram Shop Act. But other legal theories might come into play.
Dram Shop Attorney in Chicago: Why The Deadline Matters
Most personal injury claims in Illinois have a two-year deadline to file a lawsuit. But dram shop claims are different under the law. You only have one year from the date of the injury to file a lawsuit against the bar or place that served the drink.
We’ve talked to people who focused for months on recovering from their injuries and assumed they still had time. By the time they got in touch with a Chicago bar injury attorney, the time limit for a dram shop claim had already passed. They still might be able to sue the drunk driver who caused the over-served drunk driving accident in Illinois—but they’ll have lost the chance to go after the bar, which often has much more insurance coverage.
Don’t let that happen to you. If you were hurt in a car accident involving a drunk driver in Chicago, pick up the phone and reach out to a dram shop attorney as soon as possible—even if you’re not entirely sure whether the bar was at fault.
Common Types of Evidence in Dram Shop Cases
- Surveillance footage – Many Chicago bars have interior cameras. The footage from a Cubs game on a Satruday night in Wrigleyville or from a bar on a Saturday can show exactly what happened.
- Credit card and receipt records – Drink receipts are pretty telling. If someone bought 12 drinks in 4 hours, that’s a pretty good sign they were drinking too much.
- Server and bartender testimony – The staff at the bar will often recall what the person was like before they left, and eyewitnesses can provide sworn statements.
- Police and accident reports – First responders often document what happened at the scene – how intoxicated the person seemed, what their blood alcohol content was, and so on.
- Expert witnesses – A toxicologist can work backwards from the driver’s blood alcohol content at the time of the accident to figure out how much they had to drink and how impaired they must have been.
Gathering all of this evidence takes time. And the longer you wait, the harder it gets—recordings get erased, witnesses forget what they saw, and records get harder to recover. That’s another reason why acting quickly is so important.
Dram Shop Attorney in Chicago: Chicago’s Bar Districts
Three neighborhoods seem to pop up over and over in our cases:
River North
This is one of the city’s busiest party districts, and it’s right in the middle of dozens of high-end bars and clubs. You can bet that come Friday or Saturday night, Rush & Division is going to be seeing a lot of pedestrian and vehicle accidents.
Wrigleyville
On the days the Cubs are playing, Wrigley Field’s immediate surroundings get an enormous amount of cash from bar tabs. And as a direct result, DUI arrests go through the roof in the area.
Wicker Park
There’s a huge cluster of bars and restaurants on Milwaukee Avenue in Wicker Park that are especially busy on nights and weekends. We’ve handled a large number of slip-and-fall accidents, pedestrian injuries, and drunk driving incidents.
Frequently Asked Questions – Illinois Dram Shop Claims
Q: Does it really help if the drunk driver got a criminal charge?
A criminal charge can actually support your civil case—but it isn’t a must. The civil and criminal parts of the case run in separate channels. A DUI conviction would be a very strong piece of evidence, but in reality, our dram shop attorneys can build the civil case even without one.
Q: Can the family of someone who got killed by a drunk driver bring a liquor liability claim in Cook County?
Yes, they can. In our state, the Illinois Dram Shop Act actually lets surviving family members bring wrongful death claims if they were depending on the deceased for support—these are called ‘loss of support’ claims, and the Act puts a cap on damages.
Q: I was a passenger in the drunk driver’s car—can I still bring a dram shop claim?
If you were hurt in a car while a drunk driver was behind the wheel, potentially yes—but it all depends. Passenger injuries can usually result in claims against both the driver and the place that served them. Each case is going to depend on its own facts.
Q: Does it really matter if I had a drink or two at the same bar?
A plaintiff’s own intoxication, assumption of risk, status as a passenger, and other facts can affect recovery differently depending on the claim being asserted. The bottom line is that every case is unique and an attorney is going to have to assess where you stand.
Q: What if the bar is now closed or out of business?
A closed business doesn’t necessarily mean it’s an uninsured one. If the establishment had a valid liquor liability policy at the time of the incident, that coverage may still be accessible. Our attorneys can investigate whether insurance is available and pursue the claim accordingly.
Talk to a Dram Shop Attorney in Chicago Near Me
If you were hurt in an accident involving a drunk driver anywhere in Cook County or the greater Chicago area, don’t assume the bar has no responsibility. The Illinois Dram Shop Act may give you a second avenue of recovery — but only if you act before that one-year window closes.
Our dram shop attorney in Chicago team here at Lerner and Rowe handles cases on a contingency basis — you pay nothing unless we win.
Call us at (708) 222-2222, fill out our convenient online contact form, or use our LiveChat service now to get started. We’re available 24/7.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.