Can I Get Punitive Damages From a Drunk Driver in Illinois?

 Posted on July 06, 2025 in Car Accidents

Punitive damages, also known as exemplary damages, are not commonly awarded in car accident cases. However, under the right circumstances, a drunk driving case may warrant an additional financial award. If you suffered severe injuries in an accident caused by a drunk or drugged driver, a Chicago, IL car accident lawyer can help you determine whether requesting punitive damages is right for you.

What Is the Purpose of Punitive Damages in Illinois?

Punitive damages serve a different purpose than compensatory damages in Illinois. While compensatory damages reimburse you for losses like medical bills, lost wages, and pain and suffering, punitive damages are meant to punish the at-fault party in your case for conduct deemed especially reckless or malicious. 

Under 735 ILCS 5/2-1115.05, punitive damages are also designed to deter the defendant and others from similar behavior. Courts require clear and convincing evidence that the defendant’s actions showed an evil motive or a reckless indifference to the rights and safety of others. For a car accident case, this means the other driver’s actions must go beyond simple negligence. Drunk driving often qualifies. 

How Do You Prove a Disregard for the Safety of Others in a Drunk Driving Accident Case?

To prove a drunk driver consciously disregarded the safety of others, you must show that they were aware of the danger of their actions and deliberately chose to ignore it. First, you establish that the driver was drunk. Evidence may include:

• Showing that their blood alcohol concentration (BAC) was over the legal limit

• Reporting police findings from field sobriety tests administered at the scene

• Noting other police observations about the driver’s behavior

• Gathering statements from witnesses

• Showing a record of DUI charges or convictions

Behavior that may indicate a reckless disregard for others’ safety includes erratic driving, like swerving, speeding, and running red lights. Was the drunk driver ignoring other drivers’ attempts to avoid a collision? Did they flee the scene of the accident? In some cases, the act of driving under the influence is enough to indicate that the drunk driver was not concerned with the safety of others. This is especially true if they had a high BAC.

How Much Are Punitive Damages Worth in a Drunk Driving Car Accident Case?

The value of punitive damages will depend mostly on the severity of the accident and the resulting injuries. Drunk driving collisions can have serious consequences. For example, in May 2025, an elderly Chicago man was struck by a car and killed while walking in his neighborhood. Fox 32 reported that the driver, a 29-year-old woman, was intoxicated and fled the scene. If his family were to bring a wrongful death claim against the driver, they could potentially receive a significant punitive damages order based on the severity of the accident and the fact that the driver fled the scene.

If you have questions about the value of your claim, talk to a knowledgeable attorney. Note that subsection (c) of Section 2-1115.05 also caps punitive damages at three times the amount of economic damages. If you have significant financial losses from medical expenses, lost income, and property damage, three times that amount would be a substantial number.

Contact a Chicago, IL Car Accident Attorney for a Free Consultation

Calculating a punitive damages request that the court will accept can be challenging. However, the Chicago, IL car accident lawyer at Winters Salzetta O'Brien & Richardson, LLC will ensure you receive the compensation you deserve. Contact us today at 312-236-6324 to schedule a free consultation and take the first step in rebuilding your life after tragedy.