Getting you the compensation you deserve after a drunk driver's selfish decision left you injured

Drunk Driving Accident Lawyers Bensenville, IL

Drunk Driving Accident Lawyers in Bensenville, IL. If an irresponsible drunk driver hurt you or a loved one, call the Bensenville, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a complimentary consultation. We serve the injured and vulnerable in Bensenville and throughout Illinois by securing them the maximum compensation they are owed.

You can follow all the rules of the road, but thoughtless drivers can still change your life without warning. Whether you were coming back to town after a long weekend or just running errands, your life was unexpectedly upended when you did nothing wrong. The Bensenville, 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 may not be able to work because of your injuries and everything seems different than it was in the recent past. You do not have to go through this alone. With the compassions, skill and tenacious legal counsel of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of experience, we have gotten more than $175 million in verdicts and settlements that the vulnerable in Bensenville and throughout Illinois and Missouri were owed. Our initial consultation and investigation is free, 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, discover how much your injuries may be worth by filling out 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 Bensenville, IL Drunk Driving Accident Lawyers Do for My Claim?

A prosecutor will likely file charges against the drunk driver who caused the accident. Still, a personal injury lawyer is still necessary to get you the monetary reimbursement you are owed. Talented, seasoned and persistent drunk driving accident lawyers can ensure you get justice by:

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

Do I Need Bensenville, 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 case. If the driver is taking responsibility for his actions and your injuries are minor and only require an appointment with your primary care physician, it probably will not be too difficult to get fair compensation. However, there are many situations in which a drunk driving accident lawyer will be able to significantly add value to your claim:

  • The other driver will not admit fault. Drunk drivers who cause injuries will probably be prosecuted, and may not want to admit guilt in order to not face the harsh penalties of a DUI. While a capable defense lawyer may be able to get a drunk driver off on criminal charges, 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 get you the results you deserve.
  • The insurance adjuster does not want to pay for all of your damages. Ideally insurance companies would recognize their duty 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 is willing to be held accountable, the insurance company might try to convince you that your injuries are pre-existing or that a lawyer will only take money from you. Those are all lies, and a talented drunk driving accident lawyer will be able to combat those deceitful tactics and get you the financial recovery you are owed.
  • The drunk driver is not the only one responsible. While a drunk driver is obviously liable, other entities may be at fault, such as the driver's employer. Drunk driving accident lawyers will thoroughly investigate your claim and identify anyone who bears responsibility for the accident. Finding other liable parties is crucial when the policy limits are not sufficient to pay for the full scope of your injuries.
  • Your injuries will require medical care in the future. The more severe your injuries the more medical treatment you will need, which makes calculating the full value of your damages more difficult, and motivates the insurance company to try to minimize your injuries as much as possible. Aggressive and knowledgeable drunk driving accident lawyers will not only be able to calculate and demand full compensation, 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. Reach out to 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 the insurance company is offering a fair settlement.

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

Understanding just how bad the problem of drinking and driving can be incredibly sobering. Every day there are about 28 fatal drunk driving accidents, adding up to roughly one death every 52 minutes. While drunk driving accidents and deaths have consistently become less common in the last 40 years, drunk drivers still account for almost a third of total traffic deaths as of 2018. While awareness campaigns and strict punishments for drunk driving have definitely helped, some selfish Bensenville, IL individuals still make the terrible 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 are owed a full financial recovery and the reckless driver needs to be held accountable for what they did. The Bensenville, 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 19.7 percent of the 1,088 fatal crashes in the state involved a drunk driver. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

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

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of even .02 percent is sufficient to significantly impair someone's abilities behind the wheel. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to do two things at once, an altered mood and poor judgment. At .05 percent - reached after roughly three alcohol beverages - a motorist experiences lowered coordination, inability to trace movement, challenges using the steering wheel and not being able to respond in enough time to emergency situations. It is crucial to do you part in protecting other drivers, passengers and pedestrians and find other ways of transport if you have been drinking. Regrettably, sometimes you can do everything possible to stay safe and still be left reeling from the catastrophic consequences of a dangerous Bensenville, IL driver disregarding your safety, getting behind the wheel drunk and harming you or someone you care about. 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. You need the accomplished and proficient Bensenville, 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 go over your case and begin on the path to being made whole again.

Drunk Driving Laws in Bensenville 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 DUI 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 class of felony increases are:

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How Do You Prove a Drunk Driving Accident Claim in Bensenville, 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 driver needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the driver failed or was negligent in that duty.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the driver's breach of duty caused the accident that caused your injuries.
  5. Damages That the accident led to tangible loss, such as monetary damages like lost wages as well as mental anguish. It is important to note that in personal injury claims you cannot secure a financial recovery for noneconomic damages if you have not sustained a monetary loss.

There are two factors that set drunk driving accidents apart from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that motorists are to "exercise due care to avoid colliding" with anyone else on the road. 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 principle of negligence per se stipulates that anyone who breaks the law is automatically considered to have breached their duty of care. Therefore, in drunk driving cases the first two elements are taken care of under the condition that you have evidence that the driver was inebriated. All your drunk driving accident lawyers will need to show is that the driver caused the accident and that that is how you sustained your injuries.

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

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

A driver is not the only one who may be held accountable in your case. Other third parties include:

A Bar, Restaurant or Social Host

Dram shop rules permit you to sue a bar or restaurant after a drunk driving accident if you were hurt. Illinois' dram shop laws are stipulated in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law more liberal 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 through recordings, receipts or eyewitness or employee testimony
  • That the patron they served was responsible for your injuries
  • 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 holds a private party — if the driver responsible for your injuries was not old enough to drink legally and became intoxicated at the party.

Every year the Illinois Comptroller stipulates dram shop liability limits on how much a establishment or social host is required to pay out. As of Jan. 20, 2022, those limits are $77,787.30 for each injured party, or $95,073.37 if the accident resulted in loss of support or loss of society because of 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 also owe you compensation. In a negligent entrustment claim, someone may owe you damages if they permit a third person 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 case in Bensenville, 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 in no condition to operate a vehicle.

The Driver's Employer

If your accident was caused by a commercial driver, such as in a truck accident, bus accident or rideshare accident, you may be able to make a claim against the company that hired and directed the driver. Reasons they are liable could include:

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

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

Civil claims in the United States are based on the principle 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 rear-end accident, that might mean paying for lost wages, follow-up doctors' appointments and the pain and inconvenience involved with rehabilitating from a neck injury for a little while. In the most tragic cases, for example if you or a loved one becomes paralyzed, no financial recovery can truly compensate you, but the amount should be high enough to encapsulate the terrible loss you have sustained.

There are three categories of damages in a personal injury claim:

  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 non-arguable dollar figure. Examples include:
    • Medical expenses — That includes any urgent care, operations, medications, physical therapy appointments and in-home care. You will also be reimbursed 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 physically able to work. If your injury caused a long-term or permanent injury that no longer allows you to work, you will also be compensated for the money you would have made in the future, but for the injuries.
    • Out-of-pocket expenses — If you had to pay for Uber to and from chiropractic appointments, or had to hire a nanny to be able to take care of your kids, you deserve to be repaid for that too.

    In the case of future medical bills or lost earning potential, drunk driving accident lawyers will ensure the compensation 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 include anything from pain when carrying groceries in to the emotional impact of not being able to exercise the same way anymore.
    • Disability for any permanent physical or cognitive challenges the reckless driver caused.
    • Disfigurement if your injuries result in lasting scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries prevent you and your spouse from the love and intimate relationships you are used to.
    • Loss of society if the injuries your family can no longer share the same advice and care that was once offered.
  3. Punitive damages These are rarely awarded in personal injury compensation, and are intended to punish the defendant 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 win you the money you deserve, but it also motivates the insurance company to be fair as their policyholders do not pay for punitive damages in their policies According to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can seek punitive damagers in personal injury claims for especially dangerous conduct. At Burger Law, we have learned that anyone who gets behind the wheel while intoxicated how much of a potential threat they are to other people on the roads.

In addition, our Bensenville, IL attorneys have decades of experience winning cases in:

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Bensenville, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including selfish drivers do not respect other people's safety and resistant insurance companies whose prioritize more money than morals. For that reason, each of our Bensenville-based drunk driving accident lawyers in Illinois has committed their careers to standing up for 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 fine-tuning our lawyer skills to get maximum compensation for our clients in Bensenville and throughout Illinois. We know your actions did not cause this trying time; someone else's selfish decisions did. For the highest standard of legal advocacy, call the Bensenville, 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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