Trooper Injured in I-88 DUI / Scott’s Law Crash Near Oak Brook

Reports indicate that an Illinois State Trooper suffered injuries in a crash with an alleged drunk driver in the early morning hours of Sunday, August 17, 2025. The frightening collision illustrates how quickly things can go wrong when drivers are under the influence. It also highlights the significant risks officers and others who work alongside our roads face when motorists fail to prioritize their safety.

What we know about the crash

CBS News Chicago reports that the crash took place around 4:00 a.m., Sunday, August 17, 2025, on I-88 (Ronald Reagan Memorial Tollway) westbound in DuPage County close to Oak Brook.

The trooper was parked with the vehicle’s emergency lights activated behind a disabled tractor-trailer. While the officer was in the police squad car, a Tesla, whose driver apparently failed to move over, pushed the squad car into the rear of the truck. The impact caused injuries to the trooper and the driver in the Tesla, both of whom were transported to nearby hospitals.

Preliminary reports state that the driver in the Tesla, identified as a 24-year-old man from Romeoville, was charged with a DUI and an aggravated Scott’s Law/Move Over Law violation.

A driver can be convicted of a DUI in Illinois if they are operating a vehicle with a blood alcohol level of .08% or higher. If they cause great bodily harm while driving drunk, they can face aggravated DUI charges, which are a felony. Violations of Scott’s Law, which is the state’s Move Over Law, involve any vehicle that neglects to move over or slow down when a stationary emergency vehicle is on the road with flashing lights on. Causing injury while violating this law can lead to felony charges if the vehicles are there as part of an emergency response.

Civil liability: Your rights after a DUI / Scott’s Law crash

Civil liability is different from criminal liability. While criminal charges can result in fines, jail time, and other consequences for the violator, this doesn’t compensate the victim for their injuries. The injured person, in this case, the State Trooper, will need to bring a personal injury claim to recover compensation for their damages, like their medical bills and other related losses.

 

When a driver is criminally liable for something like driving drunk or violating Scott’s Law, that violation of a law that is meant to protect people like the victim can serve as powerful evidence of negligence, which makes it easier to bring a successful negligence claim against the driver.

Dram shop liability could mean additional liable parties

In this case, the driver who caused the crash is the most obvious at-fault party. However, Illinois’ dram shop laws may allow a lawsuit against a bar or restaurant that served the driver. Dram shop laws permit injured people to hold a seller of alcohol liable for serving the driver who caused their crash. While most states with dram shop liability laws may limit liability to those who served a minor or a person who was visibly intoxicated, Illinois laws apply more broadly.

This opens the possibility to recover from the driver and the business that served them in order to cover damages like medical bills, lost income, pain and suffering, property loss, and, in fatal cases, wrongful-death damages.

There is also a chance of recovering punitive damages against the driver in drunk driving cases. These damages are meant to deter the defendant and others from engaging in particularly dangerous, willful, or wanton conduct. In Illinois, the courts allow punitive damages in qualifying cases, meaning the amount of compensation available for victims could be much greater in these instances.

How often are these types of crashes happening?

According to statistics, 288 people were killed in alcohol-related crashes in Illinois in 2024, meaning nearly one in four traffic deaths involved alcohol. There have also been nine Scott’s Law crashes this year so far. Last year, there were 27, with 12 troopers suffering injuries and one trooper dying from their injuries.  

Scott’s Law protects stationary authorized emergency, maintenance, and tow vehicles displaying required warning lights; a related law covers disabled vehicles using hazard lights. Sadly, these workers and anyone on the side of the road are often left at great risk, especially when a drunk driver fails to give them space.

How our firm helps

Anyone involved in this type of case needs to act quickly to pursue compensation from the at-fault party or parties. This involves collecting evidence such as police reports, dash cam footage, roadside assistance logs, event data recorder (EDR, which is like a black box) data, photos, witness statements, and toxicology reports.

At Gainsberg Injury and Accident Lawyers, we work to gather this evidence swiftly so that we can pursue full compensation for our injured clients. If you or your loved one suffered injuries because of a drunk driver, a motorist who violated Scott’s Law, or otherwise negligently caused a car crash, call us or fill out our contact form today.