Making you whole again after a drunk driver's terrible decision left you to pick up the pieces

Drunk Driving Accident Lawyers Canton, IL

Drunk Driving Accident Lawyers in Canton, IL. If a selfish drunk driver injured you or a loved one, call the Canton, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a free case review. We serve the injured and vulnerable in Canton and throughout Illinois by defending their rights.

You can follow all the rules of the road, but drunk drivers can still change your life in an instant. Whether you were on your way to a sports game or lazily driving around on a Saturday, all of a sudden your entire life was completely disrupted through no fault of your own. The Canton, 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 it is hard to get the same enjoyment out of life that you did just a short while ago. We will be by your side until things are made right again. With the compassions, expertise and forceful legal advocacy 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 recovered more than $175 million in verdicts and settlements that the vulnerable in Canton and throughout Illinois and Missouri were owed. Our initial consultation and investigation is free, and you do not owe us a thing until you get the great compensation you deserve.

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

Law enforcement will likely file charges against the drunk driver who caused the accident. Still, only a personal injury lawyer can get you full compensation for your injuries. Knowledgeable, experienced and aggressive 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 Canton, IL Drunk Driving Accident Lawyers for My Claim?

Every injury case is different, and you can only truly know when to hire a personal injury lawyer by seeking the advise of one. If the driver accepts blame and your injuries are minor and only require a quick trip to the emergency room, 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 drunk driver will not take responsibility for their actions. Drunk drivers who cause injuries will go in front of a judge in criminal court, and may be motivated not to cooperate in order to not face fines, a suspended license and possibly jail time. While a knowledgeable 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 on state charges. Experienced drunk driving accident lawyers will know how to cross-examine the drunk driver in a deposition in order to hold the negligent driver accountable.
  • The insurance company does not want to pay for all of your damages. In a perfect world insurance companies would realize their obligation when one of their policyholders decides to make a reckless decision that ends up injuring you, an insurance adjusters real job is to save the company money, not fairly compensate you. Even if the driver admits liability, the insurance company might try to persuade you that your injuries were not actually caused by the accident or they only have to pay for some of your medical care. Those are all lies, and a knowledgeable drunk driving accident lawyer will fight back and let the insurance adjuster know we mean business.
  • There are multiple parties at fault. While a drunk driver is obviously liable, other entities may bear partial responsibility, such as the driver's employer. Drunk driving accident lawyers will perform a thorough investigation and identify all liable parties. Finding other liable parties is vital 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 grave your injuries the more medical treatment you will need, which makes putting a dollar amount on your damages more difficult, and motivates the insurance adjuster to try to minimize your damages as much as possible. Skilled and knowledgeable drunk driving accident lawyers will not only be able to calculate and demand full compensation, but we will ensure you receive all of the medical you need to recover.

At Burger Law, we answer all of your questions for free. Call us now at (314) 500-HURT to talk directly to a drunk driving accident lawyer experienced with Illinois laws who will be honest with you about whether it is worth it or not for you to hire an attorney for your claim.

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

Understanding just how bad the problem of drinking and driving can be quite sobering. Every day there are about 28 fatal drunk driving accidents, or about one fatality every 52 minutes. While drunk driving accidents and fatalities have consistently been on the decline since 1982, drunk drivers are still responsible for three-tenths of all auto related deaths. While organizations such as Mothers Against Drunk Driving and strict punishments for drunk driving have certainly done wonders for reducing drunk driving, some careless Canton, IL residents still choose to disregard others' well-being just so they can have a good time and skip on paying for an Uber. When that happens and you or a loved one are injured, you deserve to be justly compensated with a maximum recovery and the reckless driver needs to be held accountable for breaking the rules. The Canton, 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 states that 19.7 percent of the 1,088 fatal crashes 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 | Canton, IL Drunk Driving Accident Lawyers

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of only .02 percent is enough to considerably impede someone's ability to drive. At .02 percent blood alcohol concentration you experience a decline in sight, inability to multi-task, a change in mood and poor judgment. At .05 percent - reached after approximately three alcohol beverages - a driver experiences reduced coordination, inability to follow movement, challenges maneuvering and a slower response to unexpected things on the road. It is key to do you part in protecting other drivers, passengers and pedestrians and have a back up plan if you have been drinking. Regrettably, sometimes you can commit to protecting others on the road and still experience the terrible consequences of a thoughtless Canton, IL driver not caring about the rules, driving drunk and injuring you or someone you care about. Just knowing that the negligent driver will likely face criminal charges, steep fees, restrictions on their license and possibly jail time cannot truly compensate you and your family for all of the ways they have impacted your life. Trust in the savvy and talented Canton, IL drunk driving accident lawyers of Burger law to to secure the financial settlement you and your family need and are owed. Call Burger Law today at (314) 500-HURT to find out the best way to proceed and begin on the road to feeling that true justice was achieved.

Drunk Driving Laws in Canton 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
  • The driver caused a motor vehicle accident that resulted in great bodily harm, permanent disability or disfigurement to another
  • The driver caused an accident in a school zone that lead to bodily harm

Other instances in which the class of felony increases include:

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

Typically, 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 driver had a responsibility to keep you safe.
  2. Breach of Duty That the driver failed or was negligent in that duty.
  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 negligence.
  5. Damages That you have sustained losses, such as economic damages like lost wages as well as mental anguish. In personal injury claims you can only recover noneconomic damages if there were also monetary losses.

There are two aspects that make drunk driving accident claims different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that drivers are required to to "exercise due care to avoid colliding" with anyone else on the road. Meaning the first element is a given. Secondly, the legal philosophy of negligence per se stipulates that anyone who breaks the law automatically did not act in a reasonable manner to avoid injuring you. Therefore, in drunk driving cases the first two elements are taken care of as long as you have evidence that the driver was inebriated. All your drunk driving accident lawyers will need to prove is that the driver caused the accident and that that is how you sustained your injuries.

While it may seem like that makes a drunk driving case a slam-dunk, 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 imperative to have committed and accomplished Canton, IL drunk driving accident lawyers to stand up for you and fight until you get the compensation you deserve.

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

The driver is clearly liable for their irresponsible 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 Licensed Alcohol Vendor or Social Host

Dram shop laws allow you to sue a bar or restaurant after a drunk driving accident if you sustained damages. 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 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 a vendor-patron relationship existed, which you can show with recordings, receipts or eyewitness testimony
  • That the patron they supplied alcohol to caused 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 furnishes liquor to a guest in a private residence — if the person who caused your accident was under the age of 21 and became drunk 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 injured party, or $95,073.37 if the accident led to 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. According to the doctrine of negligent entrustment, it is negligent to permit someone else to engage in an activity which is under the control of the actor if if permitting the activity creates an inherent risk. In a drunk driving accident case in Canton, 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 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 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 Canton, IL drunk driving accident lawyer so they can conduct a comprehensive investigation into your accident. Doing so will not only make sure every negligent 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 Canton, IL Drunk Driving Accident Injuries?

The civil court system in the United States is based on the principle of being made whole. The idea behind the doctrine is that when someone is responsible 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 for lost wages, follow-up doctors' appointments and the pain and inconvenience that is a result of rehabilitating from a whiplash injury for a relatively short period of time. In the most destructive cases, for example if you or a loved one loses a limb, no financial recovery can genuinely make you whole, but the financial recovery should be great enough to provide a least some sense of restitution.

You can typically recover three types of damages in a personal injury claim:

  1. Economic damages — This the totaling of all the bills and lost income related to your accident. It is an impartial dollar figure. Examples include:
    • Medical expenses — That includes any treatment the day of the accident, surgeries, medications, chiropractic appointments and in-home nursing. You will also be reimbursed 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 on the job as you were healing. If your injury resulted in a disability that no longer allows you to perform the tasks required of your job, 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 Uber to and from chiropractic appointments, or had to hire a nanny to be able to take care of your kids, you need to be repaid for that too.

    In the case of future medical bills or lost earning capacity, drunk driving accident lawyers will ensure the compensation adjusts for inflation as well.

  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 emotional hardships you have been put through, which can be anything anything from pain when sleeping in certain positions to having PTSD anymore.
    • Disability if you sustained permanent physical or cognitive difficulties after the accident.
    • Disfigurement if the accident result in permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your significant other from the companionship and intimate relationships you are used to.
    • Loss of society if the injuries your loved ones can no longer share the same counsel and care they once did.
  3. Punitive damages These are rarely awarded in personal injury recoveries, and are meant to punish the defendant and deter others from making the same mistakes. When we sue drunk drivers, we always pursue punitive damages. Not only does that maximize your financial recovery, but it also makes the insurance company nervous because there is no coverage for punitive damages Pursuant to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can seek punitive damagers in personal injury claims for especially reckless conduct. At Burger Law, our experience tells us that anyone who drives intoxicated knows exactly how reckless they are being.

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

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Canton, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers do not respect other people's safety and resistant insurance companies who care more about think it is acceptable to withhold the financial recovery you are owed. For that reason, each of our Canton-based drunk driving accident lawyers in Illinois has dedicated their education and abilities to defending the rights of the injured and vulnerable. We have no interest in TV commercials or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are regularly sharpening our abilities to deliver great recoveries for our clients in Canton and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's selfish actions did. For the highest standard of legal advocacy, call the Canton, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

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