Chicago Injury Lawyer Blog
Labor Day weekend is often associated with one last summer getaway, backyard barbecues, sporting events, family gatherings, and celebrations with friends. Unfortunately, the holiday weekend also brings a serious danger to Illinois roads: impaired driving.
When a driver gets behind the wheel after drinking alcohol or using drugs, that decision can have devastating consequences for everyone sharing the road. A drunk or impaired driver may cross the centerline, run a red light, rear-end another vehicle, drift into a neighboring lane, or fail to react to traffic. The resulting collision can leave innocent victims with traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, or permanent disabilities.
The National Highway Traffic Safety Administration (NHTSA) reports that 505 people died in traffic crashes during the 2024 Labor Day weekend nationwide, and 33% of those fatalities involved a drunk driver. NHTSA also reports that 77% of the Labor Day fatalities involving a drunk driver involved a driver with a blood alcohol concentration of at least 0.15—nearly twice the legal limit.
Illinois motorists face these same risks. During the 2025 Labor Day weekend, IDOT reported nine traffic fatalities in Illinois, including three fatalities in alcohol-related crashes. The state continues to participate in national Labor Day enforcement campaigns designed to identify and remove impaired drivers from the road.
For people injured by an impaired driver, however, the consequences do not end when police make an arrest. Victims may face substantial medical bills, lost income, rehabilitation, pain and suffering, and uncertainty about their future. Understanding your rights after an Illinois DUI crash can be critical.
Why DUI Crashes Are a Serious Problem Over Labor Day Weekend
Labor Day weekend creates a combination of circumstances that can increase the risk of impaired-driving crashes. More people are traveling, attending parties, visiting restaurants and bars, and celebrating with alcohol. Some people may believe that they are capable of driving after drinking when their judgment and reaction time have already been impaired.
NHTSA states that during Labor Day holiday periods, there is typically an increase in drunk-driving deaths. For that reason, law enforcement agencies increase patrols and conduct high-visibility enforcement campaigns. In 2026, NHTSA’s Drive Sober or Get Pulled Over campaign runs from August 19 through September 7.
Alcohol-impaired driving remains a significant problem throughout the year. In 2024, 11,904 people were killed in alcohol-impaired-driving crashes nationwide, according to NHTSA. That means an average of approximately one person died every 44 minutes in an alcohol-impaired-driving crash. The danger is not limited to drivers who are obviously intoxicated. Alcohol can affect judgment, concentration, coordination, vision, and reaction time before a driver realizes that he or she is impaired.
Illinois Law Prohibits Driving Under the Influence
Illinois law prohibits driving while under the influence of alcohol, drugs, intoxicating compounds, or combinations of substances when the driver’s ability to safely operate the vehicle is impaired. Illinois law also establishes a BAC threshold of 0.08 or more for purposes of DUI.
Importantly, an injured person does not necessarily have to prove that another driver was convicted of DUI before pursuing a civil claim. A criminal DUI case and a personal injury case are separate legal matters. The evidence developed by police, including field sobriety testing, chemical testing, witness statements, citations, and the officer’s observations, may nevertheless be important evidence in a civil case.
An investigation may also uncover additional evidence concerning:
- Where and when the driver was drinking
- How much alcohol the driver consumed
- Whether the driver was speeding
- Whether the driver was texting or distracted
- Whether the driver had previously been warned not to drive
- Whether witnesses observed signs of intoxication
- Whether the driver was under the influence of drugs
- Whether surveillance or video footage captured the driver before the collision
Alcohol-Impaired Driving Can Cause Catastrophic Injuries
A DUI crash can be especially destructive because an impaired driver may fail to brake or maneuver before impact. A driver traveling at a high rate of speed may crash directly into another vehicle without taking evasive action. The resulting injuries can be severe. Common injuries following an impaired-driving collision include:
- Traumatic brain injuries and concussions
- Spinal cord injuries
- Neck and back injuries
- Broken or fractured bones
- Internal bleeding and organ damage
- Severe lacerations
- Amputations
- Burns
- Paralysis
- Permanent disability
- Psychological trauma
Some injuries require multiple surgeries, extensive rehabilitation, and long-term medical care. A victim who was working before the collision may suddenly be unable to return to the same occupation. In the most tragic cases, an impaired driver kills another person. The surviving family may then have a wrongful death claim under Illinois law.
What Should You Do After Being Hit by a Drunk Driver?
If you believe an impaired driver caused your Labor Day accident, take steps to protect your health and preserve evidence. First, call 911 and report the collision. Police should investigate the crash, particularly when there is reason to suspect intoxication. If you are able, photograph the accident scene and vehicles and obtain contact information from witnesses.
You should also seek medical attention. Some serious injuries do not produce obvious symptoms immediately. A concussion, internal injury, or soft-tissue injury may become more apparent after the initial shock of the crash wears off. After the collision:
- Remain at the scene unless you need emergency medical treatment.
- Call 911.
- Cooperate with law enforcement.
- Obtain medical treatment.
- Photograph vehicle damage and the accident scene.
- Collect witness information.
- Preserve dashcam or surveillance footage when possible.
- Keep medical bills and treatment records.
- Do not post details about the accident on social media.
- Be cautious about giving recorded statements to insurance companies.
- Consider consulting an experienced Chicago personal injury attorney.
Can You Sue a Drunk Driver for Causing an Accident?
Yes. If an impaired driver’s negligence caused your injuries, you may have a personal injury claim against the driver. A successful claim generally requires evidence establishing that the other driver was legally responsible for the collision and that the crash caused compensable injuries and losses. Damages may include compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Loss of normal life
The value of a claim depends on the circumstances. A victim with a temporary soft-tissue injury may have very different damages than someone who suffers a permanent spinal cord injury or traumatic brain injury.
What If the Drunk Driver Has Little or No Insurance?
One of the most frustrating situations after a DUI crash occurs when the at-fault driver does not have enough insurance to cover the victim’s losses. That does not necessarily mean there is no source of recovery.
An attorney may investigate whether the injured victim has uninsured or underinsured motorist coverage under an applicable automobile insurance policy. The specific policy language, applicable law, and facts of the crash must be reviewed carefully.
This is one reason injured victims should avoid immediately accepting an insurance settlement without understanding the full extent of their injuries and all potentially available sources of compensation.
Can an Illinois Bar or Restaurant Be Liable?
In some circumstances, Illinois law permits claims against businesses that sell or provide alcohol under the state’s Dram Shop Act. Illinois’ liquor liability law can provide a separate avenue of recovery for certain injuries caused by an intoxicated person. However, these claims are subject to statutory requirements and limitations.
For 2026, the Illinois Liquor Control Commission lists the maximum recovery under the Dram Shop Act at $90,411.55 for each person incurring damages for qualifying injury, death, or property-damage claims, and $110,503 for certain loss-of-support or loss-of-society claims arising from death or injury. Because dram shop claims involve specific statutory requirements and damages limitations, they should be evaluated promptly by an attorney familiar with Illinois liquor liability law.
What Evidence Can Help Prove a DUI Accident Claim?
Evidence can be particularly important when investigating an impaired-driving crash. Police records may provide valuable information, but an investigation should not necessarily stop there. Depending on the circumstances, an attorney may examine:
- Police crash reports
- DUI citations and arrest records
- Breathalyzer or blood-test results
- Field sobriety test results
- Toxicology reports
- Witness statements
- Bar or restaurant receipts
- Surveillance video
- Cellphone records
- Vehicle event-data information
- Photographs
- Dashcam footage
- Medical records
- Accident reconstruction evidence
Evidence can disappear quickly. Surveillance footage may be overwritten, witnesses may become difficult to locate, and physical evidence can change. Prompt investigation can therefore be important.
What If the Driver Was High Instead of Drunk?
Impaired driving is not limited to alcohol. NHTSA warns that drivers can also be impaired by marijuana, prescription medications, illegal drugs, or combinations of substances. The agency notes that drug prevalence among drivers is a significant concern and that driving under the influence of drugs is illegal.
An accident investigation may therefore need to consider more than a driver’s BAC. Depending on the circumstances, toxicology testing and other evidence may be relevant.
What If You Were Partly at Fault for the Crash?
Being involved in a collision with an impaired driver does not automatically mean you will recover everything you claim. Insurance companies may attempt to argue that the injured person contributed to the crash or to the severity of the injuries. Illinois follows comparative negligence principles. Consequently, the facts surrounding the collision matter.
An attorney can investigate whether the other driver’s impairment, speeding, distraction, or other conduct was the primary cause of the accident and address allegations that the injured victim was also negligent.
John J. Malm on Illinois DUI Accidents
John J. Malm, founder of John J. Malm & Associates, emphasizes the importance of holding negligent drivers accountable:
“When someone makes the decision to drive impaired, innocent people can suffer consequences that last a lifetime. Our job is to investigate what happened, protect our client’s rights, and pursue the compensation necessary to help them move forward after a devastating crash.”
Frequently Asked Questions About Labor Day DUI Accidents in Illinois
How many people died in drunk-driving crashes during Labor Day weekend?
NHTSA reports that 505 people died in traffic crashes during the 2024 Labor Day weekend, with 33% of those fatalities involving a drunk driver.
What is the legal BAC limit in Illinois?
Illinois law generally establishes a BAC of 0.08 or more as a basis for DUI. However, Illinois law also prohibits driving while under the influence to the extent that a person’s ability to drive safely is impaired.
Can I sue someone who was arrested for DUI after hitting me?
Potentially, yes. A DUI arrest does not automatically establish civil liability, but evidence from the criminal investigation may be important to a personal injury claim.
Can I recover damages if the drunk driver died in the crash?
Potentially. The fact that the at-fault driver died does not necessarily eliminate all possible sources of recovery. Insurance coverage and other legal issues would need to be investigated.
Can I sue a bar for serving the drunk driver?
Potentially, under Illinois’ Dram Shop Act. However, statutory requirements and damages limitations apply, so the facts should be reviewed by an attorney.
What if the drunk driver doesn’t have enough insurance?
Your own uninsured or underinsured motorist coverage may potentially provide another source of compensation, depending on the applicable policy and circumstances.
How long do I have to bring an Illinois personal injury claim?
Illinois generally provides a two-year statute of limitations for personal injury claims, although exceptions can apply. Because deadlines can depend on the circumstances, it is important not to wait to investigate a potential claim.
Injured by a Drunk Driver Over Labor Day Weekend? Contact the 5-Star Rated Chicago Injury Attorneys at John J. Malm & Associates
A Labor Day celebration should never end with an innocent person suffering catastrophic injuries because another driver chose to get behind the wheel while impaired. If you or a family member has been injured by a drunk or drug-impaired driver in Illinois, you may be facing medical treatment, lost wages, insurance disputes, and an uncertain future, all because of someone else’s decision.
John J. Malm & Associates represents injured victims and families in serious motor vehicle accident cases in Chicago and throughout Illinois. Our attorneys can investigate the crash, identify potentially responsible parties, evaluate available insurance coverage, and pursue the compensation you may be entitled to receive. If you were injured in a Labor Day DUI accident, contact John J. Malm & Associates today for a free consultation about your case. The sooner your case is investigated, the sooner important evidence can be preserved and your legal rights protected.