Making you whole again after someone else's terrible decision left you injured

Drunk Driving Accident Lawyers Burbank, IL

Drunk Driving Accident Lawyers in Burbank, IL. If you or a loved one was injured because someone else did not respect your safety and got behind the wheel drunk, call the Burbank, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a no-risk, no-obligation case evaluation. We serve the injured and vulnerable in Burbank and throughout Illinois by fighting on their behalf so they can focus on healing.

You can follow all the rules of the road, but drunk 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 a Saturday, all of a sudden your entire life was upended through no fault of your own. The Burbank, IL drunk driving accident lawyers at Burger Law to getting the best possible outcomes for our clients and seeing them made whole again. We know the medical bills are piling up, you may not be able to work because of your injuries and everything seems different than it was in the not-too-distance past. We will fight for you until there is nothing left to fight. With the dedication, knowledge and aggressive legal counsel of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of defending the rights of the injured, we have won more than $175 million in verdicts and settlements for our Burbank, IL clients. Talking to us is free, and you do not owe us a thing until you receive the settlement check you deserve.

If you were hurt by an irresponsible drunk driver, see 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 Burbank, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely do everything they can to convict a drunk driver criminally. However, only a personal injury lawyer can get you full compensation for your injuries. Knowledgeable, accomplished and tenacious drunk driving accident lawyers can ensure you get justice 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 Burbank, IL Drunk Driving Accident Lawyers for My Claim?

Every auto wreck is unique, and you can only truly know when to hire a personal injury lawyer by seeking a consultation with one. If the driver accepts culpability and your injuries are minor and only require a quick trip to the emergency room, a lawyer likely will not be able to add much value to your claim. However, many other circumstances require legal representation for the best results:

  • The other driver will not admit fault. Drunk drivers who injure people will go in front of a judge in criminal court, and may avoid communicating with you and the insurance company 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 obtain key evidence in order to prove that the defendant were drunk and injured you.
  • The insurance adjuster is not being fair. Ideally 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 in the event that the driver is willing to be held accountable, the insurance company might try to say that your injuries are pre-existing 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 experienced drunk driving accident lawyer will fight back and let the insurance adjuster know we mean business.
  • The drunk driver is not the only one responsible. While a drunk driver is obviously at fault, other entities may be at fault, such as the driver's employer. Drunk driving accident lawyers will thoroughly investigate your claim and identify everyone whose negligence contributed to your injuries. This is especially important when your damages exceed the driver's insurance policy limits.
  • 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 challenging, and motivates the insurance company to try to minimize your damages as much as possible. Tenacious and knowledgeable 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. Contact us now at (314) 500-HURT to talk for a candid conversation with a drunk driving accident lawyer familiar with Illinois laws who will be straightforward with you about whether we can add to your claim.

How Common is Drunk Driving in Burbank, IL and the U.S.?

Drunk driving statistics can be incredibly sobering. Every day 28 people die in accidents caused by drunk drivers, adding up to roughly one death every 52 minutes. While drunk driving accidents and fatalities have consistently been on the decline since 1982, drunk drivers still account for three-tenths of total traffic fatalities as of 2018. While awareness campaigns and strict punishments for drunk driving have certainly done a lot to make our roads safer, some selfish Burbank, IL individuals still choose to disregard others' well-being just so they enjoy themselves and avoid paying for a taxi. If you are injured as a result, you are owed a full financial recovery and the negligent driver needs to pay for breaking the rules. The Burbank, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts states that almost one-fifth of the 1,088 accidents that caused fatalities in the state involved alcohol. Of 448 deceased drivers who were tested for alcohol, over a third tested positive.

How Alcohol Affects Driving | Burbank, 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 considerably impede someone's ability to drive. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to perform two tasks at the same time, an altered mood and loss of judgment. At .05 percent - reached after approximately three drinks - someone experiences reduced coordination, reduced ability to track movement, challenges maneuvering and not being able to respond quickly to emergency situations. It is crucial to follow proper road safety and always have someone else drive if you are not in the best condition to drive. Unfortunately, sometimes you can commit to protecting others on the road and still be left to pick up the pieces after the horrible and unfair consequences of a thoughtless Burbank, IL driver disregarding your safety, driving drunk and injuring you or someone you care about. Just knowing the harsh penalties that come with a DWI conviction is not enough. Trust in the accomplished and skilled Burbank, 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 road to recovery.

Drunk Driving Laws in Burbank and Illinois

Under 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:

  • It is a third or subsequent violation
  • An accident occurred that lead to great bodily harm, permanent disability or disfigurement to someone else
  • 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 Burbank, IL?

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

  1. Duty of Care That the defendant needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the defendant did not use reasonable care.
  3. Cause in Fact That your injuries are a direct result of the accident.
  4. Proximate Cause That the defendant'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 medical bills as well as mental anguish. It is important to note that in personal injury claims you cannot make a claim for for noneconomic damages if you have not sustained economic damages.

There are two aspects that set drunk driving accidents apart from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that people who get behind the wheel of a vehicle are required to to "exercise due care to avoid colliding" with anyone else on the road. Meaning a driver automatically owed you a duty of care. Secondly, the legal theory of negligence per se states that anyone who violates a state statute is negligent as a matter of law. Therefore, in drunk driving cases the first two elements are taken care of under the condition that you can demonstrate that the driver was driving drunk. 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.

None of that means you should take the success of your case for granted; the truth is that many drunk drivers try to avoid taking responsibility and their insurance company will do what they can to help them. That is why it is vital to have committed and experienced Burbank, IL drunk driving accident lawyers by your side to fight until you get the best results in your claim.

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

The driver is clearly to blame for their horrible decision making, but drunk driving accident lawyers familiar with Illinois law will be able to conduct a full investigation and determine if any of the other following parties share liability:

A Bar, Restaurant or Social Host

Dram shop rules allow you to sue a bar or restaurant after a drunk driving accident if you sustained injuries. Illinois' dram shop laws are explained in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law is different from 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 demonstrate:

  • That a vendor-patron relationship existed, which you can demonstrate with security footage, receipts or eyewitness or employee testimony
  • That the customer they supplied alcohol to caused 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 inebriated at the private residence.

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, the maximum is $77,787.30 for each person making a claim for the accident, or $95,073.37 if the accident led to 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, you may be able to file a suit against the owner. According to the philosophy of negligent entrustment, 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 Burbank, 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 you were injured by a commercial driver, for example in a truck accident, bus accident or rideshare accident, the driver's employer may also owe you damages. Reasons they are liable could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Burbank, IL drunk driving accident lawyer so they can conduct an exhaustive investigation into your accident. 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 Damages Are Available for My Burbank, IL Drunk Driving Accident Injuries?

Tort claims in the United States are based on the theory of being made whole. The idea behind the doctrine is that when someone is responsible for your damages, you should be compensated to the extent that returns you to your state before the other person's negligence. In many car accident claims, for example a rear-end accident, that might mean paying money you lost from work while recovering, chiropractic appointments and the physical strain that comes with rehabilitating from a whiplash injury for a relatively short period of time. In the most destructive cases, for example if you lose a loved one, no financial recovery can truly make you whole, 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 the totaling of all the bills and lost income related to your injury. It is an unbiased dollar amount. Examples include:
    • Medical expenses — That includes any urgent care, operations, medications, physical therapy appointments and in-home care. You will also receive compensation for any medical expenses that will arise in the future.
    • Lost wages and lost earning capacity — You will receive the 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 perform the tasks required of your job, 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 Uber to and from medical appointments, or had to hire a nanny to be able to take care of your kids, you deserve to be compensated for that too.

    If your injuries result in future medical costs or lost earning potential, 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 refers to noneconomic damages as "intangible" damages, "including but not limited to":
    • Pain and suffering refers to the physical and mental tribulations you have been put through, which can be anything anything from pain when going up and down the stairs to the emotional impact of not being able to exercise the same way anymore.
    • Disability if you have life-long physical or cognitive challenges due to the accident.
    • Disfigurement if your injuries caused lasting scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your partner from the companionship and intimate relationships you once shared.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same counsel and care that was once offered.
  3. Punitive damages These are typically not included in personal injury compensation, and are meant to punish the defendant and deter future misbehavior. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that increase your compensation, but it also puts the insurance company on their heels because there is no coverage for punitive damages Pursuant to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers may be awarded punitive damagers in personal injury claims for especially dangerous conduct. It is clear to us that anyone who gets behind the wheel while drunk is demonstrating a flagrant lack of respect for your safety.

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

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Burbank, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including selfish drivers who do not want to take responsibility for their actions and resistant insurance companies whose prioritize more their profits than doing the right thing. For that reason, each of our Burbank-based drunk driving accident lawyers in Illinois has pledged their careers to defending the rights of the injured and vulnerable. We have no interest in TV commercials or billboards. When we are not working tirelessly on one of our client's claims, our drunk driving accident lawyers are consistently sharpening our abilities to deliver maximum compensation for our clients in Burbank and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's irresponsible behavior did. For the highest standard of legal advocacy, call the Burbank, 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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