Can I Still File an Injury Claim in Illinois if I Was Drinking Before an Accident?

 Posted on June 20, 2026 in Car Accident

It’s understandable to assume that having alcohol in your system would disqualify you from recovering compensation after a car wreck. However, this is not always true. Whether you were drinking or not is only relevant if it contributed to the accident that caused your injuries.  

A Palatine, IL personal injury attorney can help you determine whether your alcohol consumption bars you from filing a claim in 2026.

When Does Drinking Disqualify Me From Recovering Compensation for an Injury in Illinois?

You will only be disqualified from recovering compensation for injuries if your alcohol consumption was directly related to the accident that injured you. If someone else’s negligence caused your injury, you may bear no liability for injuries done in spite of the fact that you had previously been drinking.

If you are driving home after a night out and are hit by another driver who runs a red light, the fact that you had consumed alcohol has no bearing on the accident. It was the other driver’s negligence that caused the accident and subsequent injuries. They are therefore responsible for your damages.

On the other hand, if your drinking impeded your ability to respond to another driver in a way that made the accident worse, you may bear some liability. If you have a blood alcohol content above the legal limit, you may also face separate criminal charges.

How Do I Prove That My Drinking Didn't Contribute to a Car Accident in Illinois?

In order to prove that your drinking didn’t contribute to an accident, you need evidence that clearly shows that the fault was not yours (or was minimally yours). This might include:

• Video evidence from yourself or nearby sources (such as security cameras) showing that another party’s actions caused the injury

• Witness statements describing what happened

• Photos of the scene

• Accident reconstruction

• Medical records showing the nature of your injuries and how they happened

Some cases, such as those involving commercial vehicles, may benefit from access to official records like maintenance logs. Your attorney can request these records and ensure the company refrains from getting rid of evidence before a case is complete.

Can I Still Recover Compensation if My Drinking Contributed to an Accident in Illinois?

Illinois uses a system called modified comparative negligence. Comparative negligence allows someone to recover damages if they were no more than 50 percent at fault for an accident (735 ILCS 5/2-1116). The amount of damages you receive will be reduced proportionately to the amount of fault you are determined to have. This means that even if you were drinking, you may still have the opportunity to recover at least partial damages after an accident.

If you are found to have more than 50 percent of the fault, however, you are barred from all recovery.

What Should I Do to Protect My Claim if I Was Drinking Before a Car Wreck?

While it may be tempting to minimize or hide that you were drinking before a car accident, even if the accident wasn’t your fault, it is best to be honest when asked. Don’t say anything can be construed as fault, though.

Get medical care right away, even if you feel fine. Get a copy of the accident report from law enforcement if you are able. Keep copies of the other evidence listed above for review by a lawyer. Also, consult with a lawyer before giving a recorded statement to the other party’s insurance company, especially if alcohol is involved.

Call a Schaumburg, IL Personal Injury Attorney Today

Before assuming that you don’t have a case because you were drinking, consult with an attorney at Newland & Newland, LLP about the facts of your case.

Our Palatine, IL personal injury lawyers are locals who care about our clients and our community. We have many decades of combined experience and millions of dollars in successful verdicts for our clients.

We offer free consultations. Call us at 847-797-8000 today to find out whether you have a claim worth pursuing.