Securing justice after someone else's reckless decision left you injured

Drunk Driving Accident Lawyers Batavia, IL

Drunk Driving Accident Lawyers in Batavia, IL. If a reckless drunk driver hurt you or someone you love, call the Batavia, 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 Batavia and throughout Illinois by standing up to bullies and getting them the financial recovery they deserve.

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but careless drivers can still cause unimaginable destruction. Whether you were on your way home for your in-laws or lazily driving around on the weekend, your life was immediately completely disrupted when you did nothing wrong. The Batavia, IL drunk driving accident lawyers at Burger Law have dedicated their careers to helping people in similar circumstances get justice and full financial recoveries when they may be feeling they have nowhere to turn. We know the medical bills are accumulating, you are losing time off work and it is hard to get the same enjoyment out of life that you did just a short while ago. You do not have to go through this alone. With the commitment, skill and aggressive legal advocacy of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of experience, we have recovered over $175 million in verdicts and settlements for our Batavia, IL clients. Our case reviews are no-risk, no-obligation, and you do not owe us a thing until the final verdict or settlement has been reached.

If you were hurt by a careless drunk driver, see 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 Batavia, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely hold a drunk driver accountable in criminal court. However, you will still need a personal injury lawyer to confront the drunk driver in civil court and get you the monetary reimbursement you are owed. Skilled, veteran and relentless drunk driving accident lawyers can ensure you get the best possible financial recovery by:

At Burger Law, we know the ins-and-outs of every type of auto accident claim and know how to get great compensation.

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

Every accident is unique, and you can only truly know when to hire a personal injury lawyer by seeking the advise of one. If there is no dispute about who is at fault and your injuries are minor and only require a quick trip to the emergency room, it may not be worth it to hire an attorney. However, there are often many good reasons you will want a drunk driving accident lawyer on your side:

  • The drunk driver refuses to be held accountable for their actions. Drunk drivers who injure people are likely looking at criminal charges as well, and may be motivated not to cooperate in order to not face fines, a suspended license and possibly jail time. While drunk driving charges can sometimes be dropped or reduced, you can still sue a drunk driver if they were found not guilty in their criminal case. Experienced drunk driving accident lawyers will know how to utilize their investigative and litigation skills in order to hold the negligent driver accountable.
  • The insurance company does not want to pay for all of your damages. While you would like to think insurance companies would realize their duty when one of their policyholders injures you in a drunk driving accident, that is not always the case. Even if the driver is willing to be held accountable, the insurance company might try to convince you that your injuries are pre-existing or that they do not have to pay for lost wages because you had paid time off available. Those are all deceptions aimed at minimizing your claim, and a knowledgeable 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 obviously at fault, other parties may bear partial responsibility, such as a alcohol vendor that overserved the driver. Drunk driving accident lawyers will thoroughly investigate your claim and identify all liable parties. This is especially beneficial when the policy limits are not sufficient to properly compensate you.
  • Your injuries will incur future medical expenses. The more significant your injuries the higher your medical bills will be, which makes putting a dollar amount on your damages more complex, and motivates the insurance company to try to devalue your damages as much as possible. Persistent and compassionate drunk driving accident lawyers will not only ensure you receive the entirety of your damages, but we can connect you to trusted physicians to make sure you get the medical treatment you need.

At Burger Law, there is no risk or obligation when talking to us. Call us now at (314) 500-HURT to talk directly to 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.?

Seeing how many people choose to drink and drive can be quite sobering. Every day there are about 28 fatal drunk driving accidents, which is approximately one fatality every 52 minutes. While drunk driving accidents and deaths have consistently become less common since 1982, drunk drivers still account for 29 percent of total traffic fatalities as of 2018. While awareness campaigns and harsh punishments for drunk driving have certainly done a lot to make our communities safer, some selfish Batavia, IL residents still make the terrible decision to disregard others' well-being just so they enjoy themselves and skip on paying for an Uber. When that happens and you or a loved one are injured, you are owed a full financial recovery and the careless driver needs to be held accountable for what they did. The Batavia, IL drunk driving accident lawyers at Burger Law will fight to make sure that you receive maximum compensation for your medical expenses, lost wages and pain and suffering.

The Illinois 2020 Crash Facts found that 19.7 percent of the 1,088 accidents that caused fatalities in the state involved alcohol. Alcohol was found in the symptoms of almost 40 percent of 448 deceased drivers who were tested.

Alcohol's Impact on Driving Abilities | Batavia, 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 just .02 percent is sufficient to substantially impair someone's driving skills. At .02 percent blood alcohol concentration you experience a decline in sight, inability to do two things at once, a change in mood and loss of judgment. At .05 percent - the product of about three drinks - a motorist suffers from reduced coordination, reduced ability to track moving objects, difficulty steering and not being able to respond quickly to emergency situations. It is vital to follow proper road safety and let someone else take the wheel if you have had too much to drink. Unfortunately, sometimes you can commit to protecting others on the road and still experience the horrible and unfair consequences of a dangerous Batavia, IL motorist disregarding your safety, driving while intoxicated and injuring you or a family member. Just knowing that the negligent driver will likely face criminal charges, steep fees, restrictions on their license and possibly jail time is not enough. You need the savvy and skilled Batavia, IL drunk driving accident lawyers of Burger law to get you the full financial recovery you deserve. Call Burger Law today at (314) 500-HURT to discuss your options and start on the road to recovery.

Drunk Driving Laws in Batavia 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 drunk driving 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 lead to great bodily harm, permanent disability or disfigurement to someone else
  • The driver caused an accident in a school zone that lead to bodily harm

Other instances in which it is a more serious crime are:

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

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

  1. Duty of Care That the driver 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 hurting you.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the driver's breach of duty was the direct cause of the accident.
  5. Damages That the negligence was the reason you sustained a loss, such as economic damages like lost wages as well as emotional distress. It is important to mention 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 most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that motorists are required to to "exercise due care to avoid colliding" with pedestrians or other vehicles. Meaning you do not have to prove the driver owed you a duty of care, as it is already stipulated under the law. Secondly, the legal theory of negligence per se states that anyone who breaks the law is negligent as a matter of law. 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 show 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 be awarded the money you deserve; drunk drivers often do not want to be held accountable and their insurance companies do what they can to help their bottom line. That is why it is key to have passionate and accomplished Batavia, IL drunk driving accident lawyers by your side to get the best results in your claim.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Batavia, IL?

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

A Licensed Alcohol Vendor or Social Host

Many states have what is referred to as a dram shop law, under which you may be able sue a licensed alcohol vendor after a drunk driving accident if you were injuries. Illinois' dram shop laws are explained in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law less strict than many other states' in that the drunk driver did not have to show significant impairment when they were sold alcohol in order for the vendor to be liable. You just have to demonstrate:

  • That a vendor-patron relationship existed, which you can show through recordings, receipts or eyewitness depositions
  • That the patron they sold to was responsible for the drunk driving accident
  • That the vendor is responsible for the patron being drunk

You can only sue a social host — meaning someone who holds a private party — if the person who caused your accident was not of legal age to drink and became intoxicated at the party.

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

The Owner of the Vehicle

If the driver was driving someone else's car, the owner may be liable for percentage of your damages. In a negligent entrustment case, it is negligent to permit someone else to use something which is under the control of the actor if it would not be safe to do so. In a drunk driving accident suit in Batavia, 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 was in no condition to operate a vehicle.

The Driver's Employer

If your accident was caused by someone who works as a driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may have some liability. Reasons they are liable could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Batavia, IL drunk driving accident lawyer so they can conduct an exhaustive investigation into your claim. Doing so will not only make sure every liable party is held accountable, but will also increase your compensation and secure you the full financial recovery you are owed.

What Compensation Can I Recover for My Batavia, IL Drunk Driving Accident Injuries?

The civil court system in the United States is based on the theory of making one whole. The concept is that when a person or organization is at-fault for your injuries, 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 a low-speed crash in a parking lot, that might mean paying for lost wages, chiropractic appointments and the pain and inconvenience involved with rehabilitating from a lower back injury for a little while. In the most destructive cases, for example if you or a loved one has permanent disability, no amount of money can genuinely compensate you, but the settlement or verdict 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 treatment the day of the accident, surgeries, prescription or over-the-counter meds, physical therapy appointments and in-home nursing. You will also be paid for any medical bills that will arise in the future.
    • Lost wages and lost earning capacity — Lost wages refer to the pay you lost from not being on the job as you were healing. If your injury resulted in a disability that no longer allows you to work, we will also help you receive compensation for the money you would have earned but are no longer able to.
    • Out-of-pocket expenses — If you had to pay for gas to and from chiropractic appointments, or had to invest in childcare while you were recovering, you deserve to be reimbursed for that too.

    In the case of future medical expenses or lost earning potential, 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 mental effects on your well-being, which can be anything anything from difficulty turning your head to the emotional impact of not being able to pick up your kids anymore.
    • Disability for any life-long physical or cognitive difficulties the accident caused.
    • Disfigurement if the accident result in permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your spouse from the companionship and intimate relationships you grew accustomed to.
    • Loss of society if the injuries your family can no longer share the same advice and care they once did.
  3. Punitive damages These are typically not included in personal injury compensation, and are intended to punish the defendant and discourage others from making the same mistakes. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that help win you the money you deserve, but it also makes the insurance company nervous as their policyholders do not pay for punitive damages in their policies Pursuant to 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 appalling conduct. At Burger Law, we believe that anyone who sits in the drivers seat while drunk is very aware of the danger their actions pose.

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

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Batavia, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including selfish drivers think they can do whatever they want and resistant insurance companies focus more on think it is acceptable to withhold the money you are owed. That is why each of our Batavia-based drunk driving accident lawyers in Illinois has devoted their lives to defending the rights of the injured and vulnerable. You will not see us on TV commercials or billboards. When we are not working tirelessly on one of our client's claims, our drunk driving accident lawyers are regularly honing our abilities to secure maximum compensation for our clients in Batavia and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's irresponsible decisions did. For the highest standard of legal advocacy, call the Batavia, 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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