How to Collect Evidence After a Drunk Driving Car Accident

Every day, 32 people die in the U.S. because someone decided to drive drunk. That’s one preventable death every 45 minutes. And that’s just the worst-case scenario. Thousands more suffer broken bones, brain injuries, and financial devastation—all because another driver thought they were fine to drive.

Now you’re sitting at home, dealing with the aftermath. Your car is wrecked. Your body hurts in ways you didn’t know were possible. Maybe your job is on the line because you can’t work. And, of course, the insurance companies are either ghosting you or coming forward with insulting offers, looking for ways to pay you as little as possible.

You need evidence—proof that this wasn’t just an accident, but the reckless actions of someone who had no business driving. The right evidence means bigger insurance payouts, a stronger case if you sue, and, most importantly, holding the drunk driver accountable.

The clock is ticking. Evidence disappears. Memories fade. If you want to build a rock-solid case, you need to act fast. Call Walner Law at (312) 410-8496 to make sure you don’t lose out on the compensation you deserve.

Step 1 – Lock Down Your Evidence (Before It Disappears)

The accident is over, but evidence has an expiration date. Now that you’re home, it’s time to secure everything you can before it slips away.

Get a Copy of the Police Report

Police officers don’t just show up, flash their lights, and leave. They file official reports documenting everything—driver statements, visible injuries, road conditions, and, most importantly, any signs of intoxication.

If the officer suspected the driver was drunk, their report could mention:

• Slurred speech
• The smell of alcohol
• Bloodshot eyes
• Poor coordination
• Open containers in the vehicle
• The driver admitting they had “a few drinks”

In Illinois, police reports from accidents involving DUI fall under 625 ILCS 5/11-501. If the driver fails a Breathalyzer or refuses to take one, police will record that information in the report. This document isn’t just paperwork—it’s a legal record that can make or break a case.

To get a copy, check with the local police department or the Illinois State Police’s online crash report portal. Some departments charge a small fee, but it’s worth it. If the report isn’t available yet, ask when it will be.

Backup and Organize Your Photos & Videos

Maybe you snapped a few photos at the scene. Maybe a witness did. Maybe a traffic camera or a nearby store caught everything on video.

Now is the time to track down and secure every piece of visual evidence:

• Your own photos: Save them in multiple locations (cloud storage, external hard drive, email). Phones break, files get lost, and this isn’t something you want disappearing.
• Dashcam footage: If you have a dashcam, check the recordings immediately. Some models overwrite old footage after a few days.
• Witness footage: If anyone at the scene recorded the crash or its aftermath, reach out and ask for a copy. Video showing the drunk driver stumbling, slurring their words, or arguing with police could be invaluable.
• Surveillance cameras: Nearby businesses, gas stations, or traffic lights might have caught the accident. But most security systems delete footage after 30 to 90 days. If you suspect a camera recorded what happened, act fast. A lawyer can send a preservation letter to prevent deletion.

Write Down Everything You Remember

Memory doesn’t work like a hard drive—it gets distorted, especially after something traumatic.

After the shock wears off, sit down and write everything you remember about the accident, including:

• What you did before the crash (driving, stopping at a light, turning)
• What the other driver did (swerve, speed, ignore signals)
• What they said after the crash (“I only had a couple drinks,” “I didn’t see you,” “I’m fine, let’s not call the cops”)
• Any details about their appearance and behavior (smell of alcohol, unsteady on their feet, loud or aggressive)
• The weather and road conditions

This isn’t just for your records—if you testify, these notes will help you stay consistent. Defense lawyers love picking apart people’s memories, so writing everything down now will keep the facts straight later.

Find and Contact Witnesses (While They Still Care)

By now, witnesses have gone home, gone to work, and probably stopped thinking about the crash. That’s a problem because their statements could make a difference in your case.

If you get names and numbers at the scene, have your lawyer reach out as soon as possible. If not, your lawyer can check the police report—officers sometimes list witnesses.

Your lawyer can:

• Ask if they’re willing to provide a statement.
• If they agree, have them write down or record their account while it’s fresh.
• If they hesitate, remind them that their testimony could bring justice against a reckless driver.

A neutral third party saying, “That driver ran a red light and was clearly drunk” carries more weight than you saying it. Witnesses give credibility to your claim, so don’t let this step slide.

Step 2 – Medical Documentation

Adrenaline makes a lousy doctor. It numbs pain, speeds up your heart, and tricks your brain into thinking everything’s fine. Hours or days later, when the rush fades, reality sets in—stiffness, headaches, bruising, maybe even worse.

By then, insurance companies and defense lawyers will argue that your injuries aren’t “that bad” or that they weren’t caused by the accident at all.

The only thing that shuts down those arguments? Cold, hard medical records.

Follow Up with a Doctor (Even If You “Feel Fine”)

Pain isn’t the only indicator of injury. Some conditions, like concussions, internal bleeding, or whiplash, develop slowly. A sore neck today could mean a herniated disc in a week. A headache could signal a traumatic brain injury. Even minor crashes cause damage that doesn’t show up immediately.

Illinois law (625 ILCS 5/11-401) requires drivers to report accidents involving injury. But reporting an injury isn’t the same as proving it. Doctors provide medical proof that links the accident to your condition—something insurance adjusters and courts take seriously.

If an ambulance took you from the scene, follow up with a doctor anyway. ERs focus on life-threatening conditions, not long-term damage. A specialist might catch injuries that hospital staff missed.

If you haven’t seen a doctor yet, make an appointment now. The longer you wait, the easier it is for insurance companies to claim your injuries came from something else.

Get Copies of All Medical Records and Bills

Hospitals and clinics don’t automatically send you records. You have to request them.

This includes:

• Emergency room records – Diagnoses, treatments, and doctor notes from the initial visit.
• Imaging results – X-rays, MRIs, CT scans—anything showing internal damage.
• Surgery reports – If the accident led to an operation, this is key evidence.
• Prescriptions – Proof of pain management or ongoing treatment.
• Physical therapy records – Recovery from injuries can take months. Documentation shows the long-term impact.
• Mental health records – PTSD, anxiety, or depression from the crash matter, too. If a therapist diagnosed accident-related trauma, get that in writing.

Request an itemized bill for every visit. Insurance companies tally up costs before offering settlements. If you don’t track expenses, they will—and their number will be lower than what you actually paid.

Log Every Appointment and Symptom

A legal case doesn’t move as fast as an injury does. By the time you’re negotiating a settlement or testifying, months may have passed.

Keeping a detailed log ensures nothing gets lost in time.

• Dates of doctor visits – Courts like organized evidence. A timeline helps establish cause and effect.
• Pain levels – Rate pain on a scale from 1 to 10, noting how it changes over time.
• Daily limitations – Trouble sleeping, difficulty walking, inability to work—these details prove the accident disrupted your life.
• Missed workdays – Lost wages factor into compensation. Employers can verify absences, but a personal log strengthens the claim.

Step 3 – Dealing With Insurance

Insurance companies don’t exist to help people. They exist to make money. Every dollar they pay you is a dollar less in their pockets. That means they will look for any reason—any gap in evidence, any delay in treatment, any vaguely worded statement—to lower your payout.

Now that you’re home, their game begins. The key to winning? Knowing how they play.

Do Not Trust the Other Driver’s Insurance Company

The drunk driver’s insurer will call. They’ll act sympathetic. They’ll tell you they just need “a few details” to process your claim.

What they really want is a way to twist your words against you.

• They will ask leading questions. “Are you feeling better?” sounds innocent, but if you say yes, they’ll argue you aren’t seriously hurt.
• They will downplay your injuries. If you didn’t take an ambulance, they might claim your injuries are not that bad.
• They will push a fast settlement. Quick settlements sound appealing, especially if medical bills are piling up. But once you accept, you give up the right to seek more money later—even if your injuries worsen.

Illinois follows an at-fault insurance system, meaning the drunk driver’s insurance is responsible for covering damages. But they won’t pay unless they have to. If they call, politely direct them to your lawyer.

Notify Your Own Insurance Company (But Keep It Brief)

Your own insurer might cover some damages while waiting for the at-fault driver’s insurance to pay up. Most policies require you to report accidents within a certain timeframe. If you delay, they might deny coverage.

When you call:

• Stick to basic facts: date, time, location, vehicles involved.
• Avoid speculation. If you say, “I didn’t see the other car,” they might claim you weren’t paying attention.
• Do not give a recorded statement. Adjusters frame questions in ways that benefit them, not you.

Illinois requires all drivers to carry bodily injury liability coverage (at least $25,000 per person, $50,000 per accident) and property damage liability (minimum $20,000) under 625 ILCS 5/7-601. If an uninsured or underinsured drunk driver injures you, your own policy might pay—if you have the right coverage and the right lawyer.

Step 4 – When (and Why) to Call a Lawyer

Insurance adjusters have one job—pay you as little as possible. They do this all day, every day. They know every loophole, every legal technicality, and every psychological trick to make you accept less than you deserve.

If a drunk driver injures you, the stakes are even higher. The legal system allows victims to pursue more than just medical bills and car repairs. A lawyer makes sure you don’t leave money on the table.

If You Were Injured, You Need a Lawyer—Period.

Illinois law (735 ILCS 5/2-1116) follows a modified comparative negligence rule. If the insurance company argues that you were even partially responsible for the crash—maybe you were speeding or didn’t brake fast enough—they’ll try to reduce your payout.

If they convince a court that you were 51% or more at fault, you get nothing. A lawyer pushes back against these tactics and ensures that fault stays where it belongs—on the drunk driver.

Beyond that, DUI accidents often involve punitive damages (735 ILCS 5/2-604.1), which punish the offender for reckless behavior. These damages don’t just compensate you for losses—they make the other driver pay for their choices. Insurers won’t mention this because they don’t want to pay. A lawyer will.

A Lawyer Can Demand Video Footage

If a traffic camera, security camera, or doorbell camera caught the accident, that footage could be game-changing. But most businesses and cities erase recordings within days—sometimes hours.

A lawyer can issue a preservation letter to demand that any footage be saved before it disappears. Without legal intervention, these recordings vanish. And once they’re gone, they’re gone.

They Can Help Maximize Your Compensation

Insurance companies calculate settlements based on past claims—not your actual suffering. If they’ve paid out $50,000 for similar injuries in the past, they’ll offer less than that, even if your medical bills total $100,000.

A lawyer doesn’t just argue for a higher number—they bring in experts to prove what your case is worth.

• Medical professionals – Doctors can testify about long-term health issues caused by the crash.
• Accident reconstructionists – Experts can break down exactly how the crash happened, disproving any false claims from the insurance company.
• Financial analysts – They calculate lost wages, loss of future earnings, and the long-term financial impact of your injuries.

Hold the Drunk Driver Accountable—Call Walner Law

Walner Law knows how to take on drunk drivers and the insurers protecting them. Call (312) 410-8496 today and let’s make sure you get the compensation you deserve.