If the Drunk Driver Who Hit Me Did Not Get a DUI, Can I Sue?

 Posted on June 10, 2025 in Car Accidents

Although driving under the influence of alcohol is illegal, people do it every day, and deadly crashes can result. On June 5th, 2025, a man was killed in a two-car collision in Lincoln. The other car’s driver was later charged with illegal transportation of open alcohol, DUI, failure to reduce speed to avoid a collision, and improper lane usage. However, not all drunk drivers who injure or kill others are charged with DUI.

You may know that when drunk drivers cause accidents and injuries, a personal injury or wrongful death claim can provide victims or their families with compensation. Even if that driver is not charged with DUI, our skilled Bloomington, IL drunk driving accident lawyers can fight to help you collect the compensation you deserve.

Criminal Charges Are Separate From Civil Claims

A DUI charge is a criminal matter pursued by the state. A personal injury claim is a civil matter that allows injured people or families who lose loved ones to recover money for their losses. Even if the state does not charge the driver with DUI, you can still seek compensation if you can prove they caused the crash.

To win a personal injury or wrongful death case after a drunk driving crash, you do not need to prove the driver was legally drunk. You only need to prove the driver acted negligently and caused your injuries. The impairments caused by alcohol can lead to preventable driver errors. Evidence of bad driving, which could include speeding, swerving, or driving in the wrong direction, can support your case. If the negligent driver is charged with DUI, that charge can also serve as supporting evidence.

Why Would a Drunk Driver Not Be Charged With DUI?

Although police officers often arrest drunk drivers, there are several reasons that a drunk driver might not be charged with DUI. The driver’s blood alcohol concentration may have been just below the legal limit. The results of a field sobriety test may have been inconclusive, and a lack of other evidence may have meant that no charges could be filed.

We can still search for evidence proving that the at-fault driver was intoxicated or high. Our investigation might include eyewitness interviews, video camera footage that captured the collision in progress, or tracing the driver’s actions before the crash. If the drunk driver was served or sold alcohol in a public establishment shortly before your accident, that establishment could also share liability under Illinois dram shop laws.

A missing DUI charge does not take away your right to pursue compensation. However, working with our competent attorneys can significantly increase the amount you receive.

What Damages Could You Recover After a Drunk Driving Accident?

The kinds and amounts of your losses determine what compensation you could receive. These damages frequently include:

• Lost income
• Medical costs
• Property damage
• Various forms of pain and suffering

Wrongful death damages may cover additional losses. If you do not know how much your case is worth and how to fight the liable insurer(s), you will probably receive far less than you are entitled to. We know how to maximize compensation from all available sources.

Speak to Our Dedicated Peoria, IL Drunk Driving Accident Lawyers

Whether a drunk driver receives a DUI charge or not, you deserve compensation for the harm you suffered. Contact Kanoski Bresney online or at 888-826-8682 to discuss your case with our experienced Springfield, IL personal injury attorneys. Your case review is free of charge.