Can I Get Punitive Damages if I Was Hit by a Drunk Driver?

 Posted on September 30, 2026 in Car Accidents

You may be able to ask for punitive damages after a drunk driving crash in Illinois, but there’s no guarantee you’ll get them. You also cannot include a request for punitive damages when you initially file a negligence lawsuit for your injuries. You must first gather evidence and ask the judge for permission to add that request later in the case.

If a drunk driver injured you in 2026, Kanoski Bresney can help. Our Peoria, IL personal injury lawyers will review the circumstances of the crash. From there, we can assess whether there is enough evidence to ask for punitive damages.

What Are Punitive Damages in an Illinois Personal Injury Case?

Most damages in a car accident case are meant to compensate you for losses caused by the crash. That might include medical bills, lost income, property damage, and pain and suffering.

Punitive damages serve a different purpose. They are additional damages meant to punish especially serious misconduct and discourage similar behavior.

Illinois does not allow punitive damages for ordinary carelessness. You need evidence of willful and wanton conduct. This means the driver either intended to cause harm or acted with such disregard for other people's safety that the conduct was more serious than ordinary negligence.

Punitive damages awarded against a driver for the driver's own misconduct are not covered by liability insurance in Illinois. That means the driver's personal ability to pay may affect whether collecting a punitive damages award is practical.

Is Getting Hit by a Drunk Driver a Good Reason to Request Punitive Damages in Illinois?

Drunk driving can support a request for punitive damages, but a driver does not automatically face punitive damages just because their blood alcohol level exceeded the legal limit. The court considers everything the driver did before and during the crash.

For example, you may have a stronger claim if the other driver was:

• Speeding

• Driving the wrong way

• Running red lights

• Racing

• Driving despite being seriously drunk

Evidence that the driver had prior impaired-driving offenses or ignored warnings from others not to drive may also show that they understood the danger.

How Do You Ask for Punitive Damages in an Illinois Car Accident Case?

You cannot request punitive damages in the complaint you file at the beginning of a negligence case involving bodily injuries. Instead, you first gather evidence through discovery. Discovery is the part of a lawsuit when each side can request documents, records, and sworn testimony from the other side and from third parties.

After you have evidence supporting punitive damages, your attorney can file a motion asking the judge for permission to add the claim. The motion must be submitted no later than 30 days after discovery closes.

The judge must allow you to add the request if you show a reasonable likelihood that you can prove facts at trial that would support punitive damages. This does not mean you have already won punitive damages. It only means the judge is allowing you to ask the jury for them later.

Can You Sue the Bar That Served the Drunk Driver Who Caused Your Injuries?

You may be able to bring a separate claim against a bar, restaurant, or other licensed alcohol seller under the Illinois Dram Shop Act. A "dram shop" claim lets you ask for compensation from a bar, restaurant, or other licensed alcohol seller if it served alcohol that contributed to a person's intoxication and that person later caused your injury.

If you prove the claim, you may recover damages for injuries to your person or property, per the limits set by the law. Illinois also allows certain claims for loss of support or loss of society, which can apply when an intoxicated person's actions seriously injure or kill someone. The maximum amounts available under the Dram Shop Act are adjusted each year.

This claim is separate from your case against the drunk driver. You may pursue the driver for the losses caused by the crash, while also pursuing the alcohol seller if the facts support a dram shop claim. However, it’s not likely that you will get punitive damages in a dram shop case.

Schedule a Free Consultation With Our Bloomington, IL Car Accident Attorneys

Kanoski Bresney brings more than 100 years of combined legal experience to personal injury cases. Attorney Todd Bresney also brings experience from his previous work with the Federal Trade Commission and the Cook County State's Attorney's Office.

To find out about all recoverable damages in your case, contact us at 888-826-8682 to talk to our Peoria, IL personal injury lawyers today.