Making you whole again after a drunk driver's selfish decision left you injured

Drunk Driving Accident Lawyers Algonquin, IL

Drunk Driving Accident Lawyers in Algonquin, IL. If you or a loved one was injured because someone else broke the rules of the road and got behind the wheel drunk, call the Algonquin, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a no-risk, no-obligation case review. We serve the injured and vulnerable in Algonquin and throughout Illinois by standing up to bullies and getting them the financial recovery they deserve.

You can do everything possible to protect yourself and your loved ones, but irresponsible drivers can still change your life in an instant. Whether you were on your way home for your in-laws or lazily driving around on a Sunday, all of a sudden your entire life was capsized when you did nothing wrong. The Algonquin, IL drunk driving accident lawyers at Burger Law truly care about out clients and their cases and families mean something to us. We know the medical bills are accumulating, you you cannot earn a living right now and everything seems different than it was in the recent past. We will be by your side until things are made right again. With the compassions, expertise and forceful legal representation of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of experience, we have secured more than $175 million in verdicts and settlements that the vulnerable in Algonquin and throughout Illinois and Missouri were owed. Our initial consultation and investigation is free, and we do not charge any fees until we win your case.

If you were injured by a selfish drunk driver, discover how much your claim may be worth by using our free personal injury calculator.

Chicago

Chicago

22 W Washington St
Suite 1500 A
Chicago, IL 60602

Phone: (312) 500-4878

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What Can Algonquin, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely do everything they can to convict a drunk driver criminally. Still, a personal injury lawyer is still necessary to get you a financial recovery for all of your damages. Knowledgeable, accomplished and relentless drunk driving accident lawyers can ensure you get justice by:

At Burger Law, we have over 30 years of experience handling all types of auto accident claims and getting full compensation for our clients.

Do I Need Algonquin, IL Drunk Driving Accident Lawyers for My Claim?

The only way to know when to hire a personal injury lawyer is by having a professional examine the details of your accident. If the driver is taking responsibility for his actions and your injuries are minor and do not require much medical treatment, you may very well be able to get a fair settlement offer from the insurance company. However, there are many situations in which a drunk driving accident lawyer is the only way to get fair compensation:

  • The drunk driver will not take responsibility for their actions. Drunk drivers who injure people are likely looking at criminal charges as well, and may not want to admit liability in order to not face the harsh penalties of a DUI. While while not every drunk driver is found guilty, you can still sue a drunk driver if they were found not guilty in criminal court. Experienced drunk driving accident lawyers will know how to cross-examine the drunk driver in a deposition in order to get you the results you deserve.
  • The insurance adjuster is not being fair. In a perfect world insurance companies would fulfill their responsibility when one of their policyholders injures you in a drunk driving accident, that is not always the case. Even in the event that the driver admits liability, the insurance company might try to convince you that your injuries are pre-existing or they only have to pay for some of your medical care. Those are all lies, and a talented drunk driving accident lawyer will be able to combat those deceitful tactics and get you the money you are owed.
  • The drunk driver is not the only one responsible. While a drunk driver is clearly to blame, other entities may be at fault, such as the driver's employer. Drunk driving accident lawyers will thoroughly investigate your claim and identify all liable parties. This is especially vital when the policy limits are not sufficient to pay for the full scope of your injuries.
  • Your injuries will incur future medical expenses. The more significant your injuries the higher your medical bills will be, which makes valuing your damages more challenging, and will cause the insurance company to fight back against giving you a fair settlement. Aggressive and knowledgeable drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, but we will help you receive all of the appropriate medical care.

At Burger Law, there is no risk or obligation when talking to us. Reach out to us now at (314) 500-HURT to talk for a candid conversation with a drunk driving accident lawyer experienced with Illinois laws who will be direct with you about whether you need an attorney to get the best results in your case.

Missouri Drunk Driving Accident Statistics

Understanding just how bad the problem of drinking and driving can be incredibly sobering. Every day 28 people are killed in accidents caused by drunk drivers, adding up to roughly one death in just under an hour. While drunk driving accidents and fatalities have consistently been on the decline in the last 40 years, drunk drivers are still responsible for three-tenths of all auto related fatalities. While awareness campaigns and strict punishments for drunk driving have certainly done a lot to make our roads safer, some reckless Algonquin, IL residents still make the irresponsible decision to jeopardize others' safety while not understanding or not caring about the potential consequences of their actions. When that happens and you or a loved one are injured, you deserve to be justly reimbursed with a full recovery and the negligent driver needs to pay for the harm they have caused. The Algonquin, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts states that 19.7 percent of the 1,088 accidents that caused fatalities in the state involved a drunk driver. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

How Alcohol Affects Driving | Algonquin, IL Drunk Driving Accident Lawyers

While it is only illegal to drink and drive if your blood alcohol concentration is more than .008 percent, a level of only .02 percent is sufficient to greatly hinder someone's abilities behind the wheel. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to multi-task, exaggerated confidence and poor judgment. At .05 percent - the product of roughly three alcohol beverages - a motorist experiences lowered coordination, reduced ability to follow movement, difficulty using the steering wheel and a slower response to unexpected things on the road. It is imperative to follow proper road safety and find other means of transport if you have had too much to drink. Unfortunately, sometimes you can do everything possible to stay safe and still be left reeling from the devastating consequences of a reckless Algonquin, IL driver not caring about the rules, driving while intoxicated and injuring you or someone you love. Just knowing the harsh penalties that come with a DWI conviction cannot truly compensate you and your family for all of the ways they have impacted your life. Trust in the experienced and talented Algonquin, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to find out the best way to proceed and start on the path to feeling that true justice was achieved.

Drunk Driving Laws in Algonquin and Illinois

Under to 625 ILCS 5/11-501 of the Illinois Vehicle Code, drunk or drug impaired driving is a Class A Misdemeanor. However, a it becomes "aggravated driving under the influence" and a Class 4 Felony if:

  • It is a third or subsequent violation
  • An accident occurred that resulted in great bodily harm, permanent disability or disfigurement to another
  • The driver caused an accident in a school zone that resulted in bodily harm

Third and fourth violations are Class 2 Felonies, a fifth violation is a Class 1 Felony, and sixth and ensuing violations are Class X Felonies.

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How Do You Prove a Drunk Driving Accident Claim in Algonquin, IL?

Generally, when you are proving negligence in a personal injury claim, you and your drunk driving accident lawyers must prove the five elements of negligence:

  1. Duty of Care That the defendant was required to act in a certain, safe way.
  2. Breach of Duty That the driver did not do what they should have in order to avoid injuring you.
  3. Cause in Fact That the accident caused your injuries.
  4. Proximate Cause That the accident would not have happened but for the defendant's failure to use reasonable care.
  5. Damages That the accident led to tangible loss, such as monetary damages like lost wages as well as noneconomic damages. It is important to note that in personal injury claims you cannot receive compensation for noneconomic damages if you have not sustained economic damages.

There are two factors that set drunk driving accidents apart from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that drivers are required to to "exercise due care to avoid colliding" with pedestrians or other vehicles. Meaning the first element is a given. Secondly, the legal theory of negligence per se means that anyone who breaks the law is negligent as a matter of law. Therefore, in drunk driving cases the first two elements are granted automatically as long as you have evidence that the driver was inebriated. All your drunk driving accident lawyers will need to show at that point is that the accident caused your injuries and that you incurred losses as a result.

While it may seem like that makes a drunk driving case a slam-dunk, the insurance company will still be motivated to pay you as little as possible. That is why it is key to have dedicated and skilled Algonquin, IL drunk driving accident lawyers by your side to fight until you get the compensation you are owed.

Are Any Third Parties Liable for My Drunk Driving Accident Injuries in Algonquin, IL?

The driver is clearly liable for their horrible decision making, but drunk driving accident lawyers well-versed in Illinois law will be able to conduct a full investigation and determine if anyone else is at fault:

A Bar, Restaurant or Social Host

Dram shop rules permit you to sue a licensed alcohol vendor after a drunk driving accident if the accident caused you injuries. Illinois' dram shop laws are specified in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law less strict than many other states' in that your drunk driving accident lawyers do not have to prove the vendor did anything wrong, such as sell alcohol to someone underage. You just have to prove:

  • That a vendor-patron relationship existed, which you can demonstrate with surveillance video, receipts or eyewitness testimony
  • That the customer they supplied alcohol to caused your injuries
  • That the vendor is responsible for the patron being drunk

You can only sue a social host — meaning someone who furnishes liquor to a guest in a private residence — if the drunk driver was not old enough to drink legally and became drunk at the party.

Annually, the Illinois Comptroller sets dram shop liability limits on how much compensation you can receive in a dram shop case. As of Jan. 20, 2022, those limits are $77,787.30 for each injured party, or $95,073.37 if the accident caused loss of support or loss of society a family member's wrongful death.

The Owner of the Vehicle

If you were injured by a vehicle that was not being driven by the owner, the owner may also owe you compensation. In a negligent entrustment claim, someone may owe you damages if they permit someone else to engage in an activity which is under the control of the actor if that would create an unreasonable risk of harm to others. In a drunk driving accident case in Algonquin, IL, that means that you must show that the owner of the vehicle purposely allowed the other driver to use their car, and that the owner knew or should have known that the driver was too drunk to drive.

The Driver's Employer

If you were injured by someone who earns a living as a driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may have some liability. Examples of negligence on the part of the employer could include:

Experienced Algonquin, IL drunk driving accident lawyers like those at Burger Law have seen all of these types of cases and know how to get results in them. When you hire us, we start investigating your claim right away to determine as many liable parties as possible.

What Damages Are Available for My Algonquin, IL Drunk Driving Accident Injuries?

Civil claims in the United States are based on the principle of making one whole. "Being made whole" means that when another party injures you, you should be paid a dollar amount commensurate to the extent of your damages. In many car accident claims, for example a simple fender-bender, that might mean paying for lost wages, chiropractic appointments and the physical strain that comes with rehabilitating from a whiplash injury for a few months. In the most tragic cases, for example if you or a loved one has permanent disability, no amount of money can be expected to compensate you, but the amount should be high enough to encapsulate the terrible loss you have sustained.

Damages in a personal injury claim are broken down into three distinct groups:

  1. Economic damages — This refers to the total sum of the money you either lost out on or had to spend because of your injuries. It is an unbiased dollar figure. Examples include:
    • Medical expenses — That includes any urgent care, operations, prescription or over-the-counter meds, physical therapy appointments and in-home care. You will also receive compensation for any medical bills that will arise in the future.
    • Lost wages and lost earning capacity — You will be reimbursed for full amount of the wages you lost from not being able to work while you recovered. If your injury resulted in a long-term or permanent injury that no longer allows you to work, you will also be compensated for the wages you would have made in the future, but for the injuries.
    • Out-of-pocket expenses — If you had to pay for gas to and from chiropractic appointments, or had to send your child to daycare because you could not look after them, you need to be compensated for that too.

    If your injuries result in future medical costs or lost earning capacity, drunk driving accident lawyers will make sure the recovery adjusts for inflation as well.

  2. Noneconomic damages 735 ILCS 5/2-1115.2 defines noneconomic damages as "intangible" damages, "including but not limited to":
    • Pain and suffering refers to the physical and emotional effects on your well-being, which can be anything anything from difficulty carrying groceries in to the emotional impact of not being able to exercise the same way anymore.
    • Disability if you have life-long physical or cognitive difficulties due to the accident.
    • Disfigurement if your injuries result in permanent scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries impede you and your significant other from the love and intimate relationships you are used to.
    • Loss of society if the injuries your loved ones can no longer share the same advice and camaraderie that was once offered.
  3. Punitive damages These are not common in personal injury claims, and are intended to punish the drunk driver and deter future misbehavior. When we make a claim against drunk drivers, we always pursue punitive damages. Not only does that help win you the money you deserve, but it also puts the insurance company on their heels as their policyholders do not pay for punitive damages in their policies Under 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can argue in favor of punitive damagers in personal injury claims for especially egregious conduct. It is clear to us that anyone who sits in the drivers seat while under the influence is demonstrating a shameless lack of respect for your safety.

In addition, we have extensive experience winning the following cases for our Algonquin, IL clients:

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Algonquin, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers think they can do whatever they want and resistant insurance companies whose prioritize more their profits than doing the right thing. For that reason, each of our Algonquin-based drunk driving accident lawyers in Illinois has devoted their careers to defending the rights of the injured and vulnerable. We have no interest in TV or billboards. When we are not investigating claims or in the courtroom defending the rights of our clients, our drunk driving accident lawyers are constantly honing our abilities to get great recoveries for our clients in Algonquin and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's selfish behavior did. For the highest standard of legal advocacy, call the Algonquin, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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