How Can a DUI Injury Attorney Prove Liability After a Crash?

 Posted on April 23, 2025 in Car Accidents

A drunk driving accident can change your life in an instant. If you were injured by an intoxicated driver, you may assume their fault will be obvious — but even in these cases, the burden still falls on you to prove that the other driver’s actions directly caused your injuries. Working with a skilled Cook County, IL DUI injury attorney is essential for building a strong personal injury case and recovering the compensation you deserve.

At Law Office of J. Francis Barker, P.C., we represent people who have been injured by impaired drivers in serious car accidents. We understand how to gather the right evidence and present a compelling case for financial recovery.

How Do You Prove the Other Driver Was Under the Influence After a Car Crash?

To start, your attorney must show that the other driver was intoxicated at the time of the crash and that their impairment contributed to the collision. Under Illinois law, a driver is considered legally impaired with a blood alcohol concentration (BAC) of 0.08 or higher. The legal limit is lower for commercial drivers (0.04), and there is zero tolerance for drivers under age 21.

If a driver is found to be over the legal limit, this can establish what is known as "negligence per se," meaning the violation of the law serves as automatic evidence of reckless behavior. A DUI injury attorney will use a combination of sources to prove the other driver was intoxicated, including:

• Police reports, including field sobriety test results

• Breathalyzer or blood test results

• Witness statements

• Dash cam or surveillance footage, when available

While a DUI conviction can support your civil injury claim, a conviction is not required for you to pursue or win compensation.

How Do You Prove a Crash Was Caused by a Driver’s Impairment?

Even if the other driver was drunk, you still need to show that their impairment directly caused the accident. Your attorney will examine all available evidence, such as crash scene photos, skid marks, vehicle damage, and witness accounts, to connect the intoxication to the collision.

In some cases, the fault may not lie entirely with the driver. Under Illinois’ Dram Shop Act, a business that sells or serves alcohol to someone who later causes a crash can be held responsible. Your attorney may use receipts, witness testimony, or surveillance video to build a case against a bar or restaurant that served alcohol to a minor or too much alcohol to someone of legal age.

What Kinds of Injuries and Damages Must Be Proven in a Car Crash Lawsuit?

To recover compensation, you must show that the crash caused real, documentable harm. That is why it is important to seek medical care as soon as possible after the accident — and to follow through on all treatment recommendations. Medical records help establish the connection between the crash and your injuries.

In a DUI injury case, you may be able to recover damages for:

• Emergency medical care and ongoing treatment

• Lost income and reduced earning ability

• Physical and emotional pain and suffering

Your attorney will work with you to calculate the full impact of your injuries and fight for an award that reflects both immediate and long-term consequences.

Contact a Cook County, IL Car Crash Injury Attorney

Drunk drivers put everyone on the road at risk. When their recklessness causes serious harm, they should be held accountable. At Law Office of J. Francis Barker, P.C., our Orland Park, IL DUI injury lawyer will personally handle your case from start to finish. As a solo attorney, Attorney Barker gives each client his full attention and develops a strategy tailored to your unique situation.

To schedule a free consultation and learn how we can help, contact us at 708-321-1223 today.