What to Do If You Are Hit by a Drunk Driver Over Memorial Day Weekend

Memorial Day weekend is one of the busiest travel holidays of the year. Unfortunately, it is also one of the most dangerous weekends for impaired driving crashes. With parties, barbecues, and holiday gatherings taking place across Illinois and the country, the number of drunk driving accidents often rises significantly during the long weekend. If you or a loved one were injured by an intoxicated driver over Memorial Day weekend, it is important to understand the steps you should take to protect both your health and your legal rights.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 32 people die every day in the United States in drunk-driving crashes, and more than 11,900 people were killed in alcohol-impaired driving crashes in 2024 alone. About 30% of all traffic fatalities nationwide involve drunk drivers.

Why Memorial Day Weekend Is So Dangerous

Memorial Day marks the unofficial start of summer, and millions of Americans travel during the holiday weekend. AAA projected that more than 45 million Americans would travel during Memorial Day weekend in recent years, making it one of the busiest travel periods on record.

At the same time, law enforcement agencies across the country increase DUI patrols and sobriety checkpoints because alcohol-related crashes historically spike during holiday weekends. In Pennsylvania alone, state police reported 519 DUI arrests and 57 DUI-related crashes during a recent Memorial Day weekend enforcement campaign.

Alcohol affects reaction time, judgment, coordination, and decision-making abilities. NHTSA reports that drivers with a blood alcohol concentration (BAC) of .08 are approximately four times more likely to crash than sober drivers.

Common Injuries in Drunk Driving Accidents

Drunk driving crashes are often severe because impaired drivers may speed, fail to brake, drive the wrong way, or ignore traffic signals. Victims frequently suffer catastrophic injuries.

Common injuries include:

Traumatic brain injuries (TBIs)
Spinal cord injuries
Broken bones and fractures
Neck and back injuries
Internal bleeding
Facial injuries
Burns and lacerations
Wrongful death

Victims may require emergency medical care, surgery, rehabilitation, and long-term treatment. In many cases, the emotional trauma from being struck by a drunk driver can last for years.

What to Do Immediately After a Drunk Driving Accident

The moments following a drunk driving crash can be chaotic and frightening. However, the actions you take immediately after the accident can significantly affect your recovery and any future legal claim.

1. Call 911 Immediately

Always contact law enforcement after a suspected drunk driving accident. Police officers can investigate the crash scene, conduct field sobriety tests, administer breath or blood tests, and document signs of impairment.

The police report can become critical evidence in your personal injury case.

2. Seek Medical Attention

Even if your injuries initially seem minor, you should seek medical care immediately. Some injuries, including concussions, internal bleeding, and soft tissue injuries, may not show symptoms right away.

Prompt medical treatment also creates documentation connecting your injuries to the crash.

3. Gather Evidence at the Scene

If you are physically able, try to collect evidence before leaving the scene.

Important evidence may include:

Photos of vehicle damage
Pictures of skid marks and road conditions
Witness names and contact information
The drunk driver’s insurance information
Video footage from nearby businesses or dash cameras

If witnesses observed signs of intoxication, their statements could become important later.

4. Do Not Discuss Fault

Avoid arguing with the other driver or discussing fault at the scene. Let the police conduct their investigation. Statements made in the immediate aftermath of a crash can later be used by insurance companies to challenge your claim.

5. Notify Your Insurance Company

You should promptly report the accident to your insurer. However, be cautious about giving recorded statements before speaking with an attorney.

Insurance adjusters may attempt to minimize your injuries or settle the claim quickly for less than it is worth.

How a DUI Arrest Can Affect Your Injury Claim

A drunk driver may face criminal charges, but the criminal case is separate from your civil injury claim. Even if the intoxicated driver pleads guilty to DUI, you may still need to pursue compensation through a personal injury lawsuit or insurance claim.

Evidence from the DUI investigation may strengthen your case, including:

Breathalyzer results
Blood alcohol test results
Police body camera footage
Dash camera footage
DUI arrest records
Witness testimony

Illinois law allows injured victims to seek compensation for damages caused by negligent or reckless drivers.

Compensation Available in an Illinois Drunk Driving Accident Case

Victims injured by drunk drivers may be entitled to significant compensation depending on the severity of their injuries and losses.

Potential damages may include:

Medical expenses
Future medical treatment
Lost wages
Loss of future earning capacity
Pain and suffering
Emotional distress
Disability or disfigurement
Property damage
Wrongful death damages

In some drunk driving cases, punitive damages may also be available. Punitive damages are intended to punish particularly reckless behavior and deter similar conduct in the future.

Can Bars or Restaurants Be Held Responsible?

In some situations, an injured victim may have a claim against a bar, restaurant, or social host that overserved alcohol to the intoxicated driver.

Under the Illinois Dram Shop Act, businesses that sell alcohol may be liable if they provided alcohol that contributed to a person’s intoxication and resulting injuries.

Potential liable parties may include:

Bars
Restaurants
Taverns
Liquor stores
Event venues

Dram shop claims can provide an additional source of compensation when the drunk driver’s insurance coverage is insufficient.

Memorial Day DUI Enforcement in Illinois

Law enforcement agencies throughout Illinois regularly conduct Memorial Day DUI enforcement campaigns. These efforts often include:

Sobriety checkpoints
Saturation patrols
Increased state trooper presence
Seat belt enforcement
Speed enforcement

Despite these efforts, drunk driving accidents continue to occur at alarming rates. According to NHTSA, one person in the United States dies in a drunk driving crash approximately every 44 minutes.

Long-Term Effects of a Drunk Driving Accident

Many victims underestimate how dramatically a drunk driving accident can alter their lives. Serious injuries may lead to:

Chronic pain
Permanent disability
PTSD and anxiety
Depression
Inability to work
Financial hardship
Family stress

Some victims require years of rehabilitation or lifelong medical care. Others may never fully recover physically or emotionally from the trauma of being hit by an impaired driver.

How an Illinois Personal Injury Attorney Can Help After a Drunk Driving Crash

Insurance companies often attempt to settle cases quickly and for as little money as possible. An experienced personal injury attorney can help protect your interests by:

Investigating the crash
Obtaining police reports and DUI evidence
Interviewing witnesses
Preserving surveillance footage
Working with medical experts
Calculating future damages
Negotiating with insurance companies
Filing a lawsuit if necessary

An attorney can also determine whether additional parties, such as bars or restaurants, may share liability.

Frequently Asked Questions about Memorial Day Drunk Driving Accidents

Q: What should I do if the drunk driver fled the scene?

A: You should immediately call police and provide as much information as possible about the vehicle and driver. Even if the driver is not identified right away, you may still have coverage through your uninsured motorist policy.

Q: How long do I have to file a lawsuit in Illinois?

A: In most Illinois personal injury cases, the statute of limitations is two years from the date of the accident. However, certain circumstances can affect filing deadlines, so it is important to speak with an attorney promptly.

Q: What if the drunk driver was uninsured?

A: You may still be able to recover compensation through your own uninsured or underinsured motorist coverage.

Q: Is a DUI conviction required to win a personal injury case?

A: No. A criminal DUI conviction is not required to pursue compensation. A civil injury claim has a lower burden of proof than a criminal case.

Contact the 5-Star Rated Illinois Drunk Driving Accident Injury Attorneys at John J. Malm & Associates

Being hit by a drunk driver over Memorial Day weekend can leave victims facing painful injuries, mounting medical bills, lost income, and emotional trauma. You should not have to carry those burdens alone because of another driver’s reckless decision to drink and drive.

At John J. Malm & Associates, we fight for victims injured in drunk driving accidents throughout Illinois. Our firm understands the devastating impact these crashes can have on individuals and families, and we are committed to pursuing maximum compensation for our clients.

If you or a loved one was injured by an impaired driver over Memorial Day weekend, contact our office today for a free consultation to discuss your legal rights and options.