Securing justice after a drunk driver's terrible decision left you to pick up the pieces

Drunk Driving Accident Lawyers Antioch, IL

Drunk Driving Accident Lawyers in Antioch, IL. If a reckless drunk driver harmed you or someone you love, call the Antioch, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a free consultation. We serve the injured and vulnerable in Antioch and throughout Illinois by fighting on their behalf so they can focus on healing.

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but reckless drivers can still put you in harm's way and unfairly injure you. Whether you were driving home from dinner or lazily driving around on the weekend, all of a sudden your entire life was capsized through no fault of your own. The Antioch, 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 keep coming in, you may not be able to work because of your injuries and everything seems different than it was just a short while ago. You do not have to go through this alone. With the compassions, expertise and unshakable legal representation of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of experience, we have secured over $175 million in verdicts and settlements for our Antioch, IL clients. Talking to us is free, and you do not owe us a thing until we win your case.

If you were injured by a selfish drunk driver, find out how much your injuries 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 Antioch, IL Drunk Driving Accident Lawyers Do for My Claim?

A prosecutor will likely do everything they can to convict a drunk driver criminally. But, you will still need a personal injury lawyer to stand up to the drunk driver in civil court and get you full compensation for your injuries. Talented, accomplished and relentless drunk driving accident lawyers can ensure you get maximum compensation by:

At Burger Law, we know auto accident claims and how to stand up to bullies.

Do I Need Antioch, 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 claim. If the driver accepts liability and your injuries are minor and do not require much medical treatment, it probably will not be too difficult to get fair compensation. However, many other circumstances require legal representation for the best results:

  • There is a dispute about liability. Drunk drivers who cause injuries are likely looking at criminal charges as well, and may be motivated not to cooperate in order to not be sentenced in criminal court. 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 utilize the law in order to get you the results you deserve.
  • The insurance company refuses to offer a full settlement. Ideally insurance companies would fulfill their commitment when one of their policyholders injures you in a drunk driving accident, that is not always the case. Even if the driver admits liability, the insurance company might try to convince you that your injuries were not actually caused by the accident or that they do not have to pay for lost wages because you had paid time off available. None of that is true, and an accomplished drunk driving accident lawyer will fight back and let the insurance adjuster know we mean business.
  • There are other parties you can make a claim against. While a drunk driver is clearly at fault, other parties may bear partial responsibility, such as a alcohol vendor that overserved the driver. Drunk driving accident lawyers will carry out a comprehensive investigation and identify everyone whose negligence contributed to your injuries. This is especially beneficial when the policy limits are not sufficient to fully compensate you.
  • Your injuries need extensive medical treatment. The more grave your injuries the higher your medical bills will be, which makes calculating the full value of your damages more challenging, and will cause the insurance company to fight back against giving you a fair settlement. Persistent and knowledgeable drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, but we can connect you to trusted physicians to make sure you get the medical treatment you need.

At Burger Law, we answer all of your questions for free. Call 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.

How Often Do Drunk Driving Accidents Happen in Missouri and the U.S.?

Drunk driving statistics can be incredibly sobering. Every day 28 people are killed in accidents caused by drunk drivers, or about one death every 52 minutes. While drunk driving accidents and deaths have steadily declined in the last 40 years, drunk drivers still account for 29 percent of total traffic deaths as of 2018. While awareness campaigns and stiff punishments for drunk driving have certainly helped, some reckless Antioch, IL individuals still decide to disregard others' well-being just so they party and skip on paying for a taxi. If you are injured as a result, you deserve to be justly reimbursed with a complete recovery and the negligent driver needs to pay for the harm they have caused. The Antioch, IL drunk driving accident lawyers at Burger Law will use or skills and dedication to see wrongs made right.

The Illinois 2020 Crash Facts states that almost one-fifth of the 1,088 accidents that caused fatalities in the state involved a drunk driver. Alcohol was found in the symptoms of 37.1 percent of 448 deceased drivers who were tested.

Alcohol's Impact on Driving Abilities | Antioch, IL Drunk Driving Accident Lawyers

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of just .02 percent is enough to significantly hinder someone's abilities behind the wheel. At .02 percent blood alcohol concentration you experience a decline in sight, inability to perform two tasks at the same time, an altered mood and loss of judgment. At .05 percent - reached after roughly three drinks - a motorist suffers from reduced coordination, reduced ability to track movement, challenges using the steering wheel and a slower response to emergency situations. It is imperative to do you part in protecting other drivers, passengers and pedestrians and always have someone else drive if you have been drinking. Regrettably, sometimes you can commit to protecting others on the road and still experience the catastrophic consequences of a dangerous Antioch, IL driver disregarding your safety, getting behind the wheel while intoxicated and harming you or a loved one. 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 aggressive Antioch, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to go over your case and begin on the road to healing.

Drunk Driving Laws in Antioch and Illinois

According to 625 ILCS 5/11-501 of the Illinois Vehicle Code, driving while drunk on under the influence of drugs is a Class A Misdemeanor. However, a driving under the influence becomes "aggravated driving under the influence" and a Class 4 Felony if:

  • The driver had more than two previous DUI offenses
  • The driver caused a motor vehicle accident that resulted in great bodily harm, permanent disability or disfigurement to someone else
  • The driver caused an accident in a school zone that lead to personal injury

Other instances in which the penalty is more severe include:

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

There are five elements needed in order to prove negligence in a personal injury claim:

  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 act in a way that kept you safe.
  3. Cause in Fact That your injuries are a direct result of the accident.
  4. Proximate Cause That the accident would not have happened but for the driver's failure to act in a way that avoided hurting you.
  5. Damages That you have sustained losses, such as economic damages like damage to your car as well as mental anguish. In personal injury claims you can only recover noneconomic damages if there were associated economic damages.

There are two aspects that make drunk driving accident claims different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that people who get behind the wheel of a vehicle are legally compelled to "exercise due care to avoid colliding" with anyone else on the road. Meaning the first element is a given. Secondly, the legal principle of negligence per se means that anyone who violates a state statute is automatically considered to have breached their duty of care. Therefore, in drunk driving cases you only need to show that the driver was drunk in order to prove the first two elements. All your drunk driving accident lawyers will need to demonstrate at that point is that the accident caused your injuries and that you incurred losses as a result.

Negligence per se does not mean you will automatically receive the money you are owed; the insurance company will still be motivated to pay you as little as possible. That is why it is imperative to have passionate and skilled Antioch, IL drunk driving accident lawyers to stand up to bullies and get the best results in your claim.

Who Else Can I Sue for My Drunk Driving Accident Injuries in Antioch, IL?

It is important to find all liable parties, especially if the driver has policy limits that do not fully compensate you for your damages. Depending on the specifics of your case, you may be able to make a claim against:

A Bar, Restaurant or Social Host

Many states have what is called a dram shop rule, under which you may be able sue a bar or restaurant after a drunk driving accident if you were harmed. Illinois' dram shop laws are specified in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law easier to apply 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 a visibly intoxicated person. You just have to demonstrate:

  • That the bar or restaurant sold the driver alcohol, which you can show with security footage, receipts or eyewitness or employee depositions
  • That the customer they sold to was responsible for the drunk driving accident
  • That the the patron became inebriated because of the alcohol that was sold to him

You can only sue a social host — meaning someone who supplies their private guests with alcohol — if the person who caused your accident was not old enough to drink legally and became inebriated at the party.

Annually, the Illinois Comptroller places dram shop liability limits on the maximum amount of money a person or organization can be required to pay in a dram shop claim. As of Jan. 20, 2022, those limits are $77,787.30 for each person incurring damages, or $95,073.37 if the accident caused loss of support or loss of society due to the wrongful death of a loved one.

The Owner of the Vehicle

If you were injured by a vehicle that was not being driven by the owner, the owner may be liable for percentage of your damages. In a negligent entrustment case, it is negligent to permit someone else to use a thing which is under the control of the actor if it would not be safe to do so. In a drunk driving accident case in Antioch, IL, that means that you must show that the owner of the vehicle purposely gave the keys to the drunk driver, and that the owner knew or should have known that the driver had had to much too drink.

The Driver's Employer

If your accident was caused by someone who earns a living as a driver, for example in a truck accident, bus accident or rideshare accident, the driver's employer may be partially to blame. Reasons they are liable could include:

Experienced Antioch, IL drunk driving accident lawyers like those at Burger Law have experience with all of these types of cases and know how to get results in them. When you hire us, we start investigating your accident right away to determine everyone who is responsible for your injuries.

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

Tort claims in the United States are based on the theory of making one whole. The idea behind the doctrine is that when someone is to blame for your damages, you should receive a financial recovery that is equal to the economic loss and physical pain their negligence put you through. In many car accident claims, for example a simple fender-bender, being made whole means recovering compensation money you lost from work while recovering, follow-up doctors' appointments and the pain that is a result of rehabilitating from a whiplash injury for a little while. In the most tragic cases, for example if you or a loved one becomes paralyzed, no financial recovery can be expected to compensate you, but the financial recovery 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 a firm dollar figure. Examples include:
    • Medical expenses — That includes any urgent care, surgeries, prescription or over-the-counter meds, physical therapy appointments and in-home care. You will also receive compensation for any treatment, joint replacements or replacement assistive devices you may need in the future.
    • Lost wages and lost earning capacity — Lost wages refer to the pay you lost from not being physically able to work. 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 transportation to and from chiropractic appointments, or had to invest in childcare while you were recovering, you need to be reimbursed for that too.

    If we have to take into consideration future medical bills or lost earning capacity, drunk driving accident lawyers will refer to their network of economic experts to be able to precisely account for inflation.

  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 mental effects on your well-being, which can include 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 impairments due to the accident.
    • Disfigurement if your injuries result in lasting scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your spouse from the affection and intimate relationships you once had.
    • Loss of society if the injuries your loved ones can no longer share the same counsel and care that was once offered.
  3. Punitive damages These are typically not included in personal injury compensation, and are intended to punish the drunk driver and discourage future misbehavior. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that help get you the money you deserve, but it also helps secure a fair settlement from the insurance company as punitive damages are not covered under insurance 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 dangerous conduct. It is clear to us that anyone who gets behind the wheel while under the influence is demonstrating a blatant lack of respect for your safety.

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

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Antioch, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including reckless drivers who do not want to take responsibility for their actions and resistant insurance companies whose prioritize more money than morals. For that reason, each of our Antioch-based drunk driving accident lawyers in Illinois has dedicated their education and abilities to fighting on behalf of the injured and vulnerable. We are not on TV or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are regularly fine-tuning our lawyer skills to get the best results for our clients in Antioch and throughout Illinois. We know you did nothing to become injured; someone else's terrible actions did. For the highest standard of legal advocacy, call the Antioch, 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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