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

Drunk Driving Accident Lawyers Carroll, IL

Drunk Driving Accident Lawyers in Carroll, 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 Carroll, 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 Carroll 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 irresponsible drivers can still cause incredible devastation. Whether you were driving home from dinner or just running errands, your life was unexpectedly turned upside down through no fault of your own. The Carroll, IL drunk driving accident lawyers at Burger Law have committed 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 your life is not the same as it before your accident. We will be by your side until things are made right again. With the dedication, expertise and forceful legal representation 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 gotten more than $175 million in verdicts and settlements for our Carroll, IL clients. Our case reviews are no-risk, no-obligation, and you do not owe us a thing until we win your case.

If you were hurt by a careless drunk driver, discover 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 Carroll, 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 confront the drunk driver in civil court and get you a financial recovery for all of your damages. Skilled, accomplished and tenacious drunk driving accident lawyers can ensure you get justice by:

At Burger Law, we have over 30 years of experience handling all types of auto accident claims and getting full compensation for our clients.

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

That depends on the particulars of your case, and if you have never been injured in an accident before it may be difficult to determine when to hire a personal injury lawyer. If the driver is taking responsibility for his actions and your injuries are minor and only require a quick trip to the emergency room, you may very well be able to get a fair settlement offer from the insurance company. However, many other circumstances require an attorney for the best results:

  • The drunk driver refuses to be held accountable for their actions. Drunk drivers who cause injuries will probably be prosecuted, and may not want to admit fault in order to not face fines, a suspended license and possibly jail time. 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 their investigative and litigation skills in order to hold the negligent driver accountable.
  • The insurance adjuster refuses to offer a full settlement. In a perfect world insurance companies would realize their commitment when one of their policyholders decides to make a irresponsible decision that winds up injuring you, far too often that does not happen. 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 you waited too long to seek medical treatment. Those are all deceptions aimed at devaluing your claim, and an experienced 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 liable, other parties may be at fault, such as a friend of the driver who knowingly let them use the car while drunk. Drunk driving accident lawyers will conduct a detailed 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 are severe. The more grave your injuries the more medical treatment you will need, which makes valuing your damages more difficult, and makes it more likely the insurance company will try to claim they do not have to pay for all of your medical expenses. Aggressive and compassionate 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. Reach out to us now at (314) 500-HURT to speak for a candid conversation with a drunk driving accident lawyer experienced with Illinois laws who will be honest 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.?

Seeing how many people choose to drink and drive can be pretty sobering. Every day 28 people die in accidents caused by drunk drivers, adding up to roughly one fatality in just under an hour. While drunk driving accidents and fatalities have steadily been on the decline in the last 40 years, drunk drivers still account for three-tenths of total traffic fatalities as of 2018. While organizations such as Mothers Against Drunk Driving and strict punishments for drunk driving have definitely done wonders for reducing crashes, injuries and deaths, some careless Carroll, IL individuals still make the irresponsible decision to jeopardize others' safety while not understanding or not caring about the potential consequences of their actions. If you are injured as a result, you deserve to be fairly reimbursed with a complete recovery and the careless driver needs to be held accountable for what they did. The Carroll, 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 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, 37.1 percent tested positive.

How Alcohol Affects Driving | Carroll, IL Drunk Driving Accident Lawyers

While it is only illegal to drink and drive if your blood alcohol concentration is over .008 percent, a level of just .02 percent is enough to greatly hinder someone's ability to drive. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to multi-task, exaggerated confidence and loss of judgment. At .05 percent - reached after roughly three drinks - a person suffers from decreased coordination, reduced ability to follow movement, difficulty steering and not being able to respond in enough time to unexpected things on the road. It is key to do you part in protecting other drivers, passengers and pedestrians 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 experience the catastrophic consequences of a dangerous Carroll, IL motorist making a selfish decision, driving drunk and injuring you or a loved one. Just knowing that the negligent driver will likely face criminal charges, steep fees, restrictions on their license and possibly jail time is not enough. Trust in the knowledgeable and proficient Carroll, IL drunk driving accident lawyers of Burger law to make sure you recover fair compensation for all of your damages. Call Burger Law today at (314) 500-HURT to go over your case and begin on the road to feeling that true justice was achieved.

Drunk Driving Laws in Carroll and Illinois

Under to 625 ILCS 5/11-501 of the Illinois Vehicle Code, driving under the influence of alcohol or drugs 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 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

Third and fourth violations are Class 2 Felonies, a fifth violation is a Class 1 Felony, and sixth and later violations are Class X Felonies.

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

Typically, 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 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 defendant's failure to use reasonable care.
  5. Damages That the accident led to tangible loss, such as economic damages like damage to your car as well as noneconomic damages. 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 specifically states that people who get behind the wheel of a vehicle are to "exercise due care to avoid colliding" with pedestrians or other vehicles. Meaning the first element is a given. Secondly, the legal philosophy 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 duty of care and breach of duty. All your drunk driving accident lawyers will need to prove is that the driver caused the accident and your injuries.

While it may seem like that makes a drunk driving case a slam-dunk, the insurance company will still be motivated to pay you as little as possible. That is why it is crucial to have passionate and talented Carroll, IL drunk driving accident lawyers to fight on your behalf and get the best results in your claim.

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

The driver is clearly to blame for their irresponsible 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 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 bar or restaurant after a drunk driving accident if you were hurt. Illinois' dram shop laws are explained 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 testimony
  • That the patron they sold to 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 person who caused your accident was not old enough to drink legally and became intoxicated at the party.

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, those limits are $77,787.30 for each person incurring damages, 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 the driver of the vehicle was not the owner of the vehicle, 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 Carroll, 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 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, you may be able to make a claim against the company that contracted and directed the driver. Negligence that could result in liability could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Carroll, 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 accountable, but will also increase your compensation and secure you the full financial recovery you are owed.

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

Personal injury claims in the United States are based on the doctrine of making one whole. "Being made whole" means that when another party injures you, 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 simple fender-bender, that might mean paying money you lost from work while recovering, physical therapy appointments and the physical strain that comes with rehabilitating from a lower back injury for a little while. In the most destructive cases, for example if you lose a family member, no financial recovery can be expected to compensate you, but the amount should be great enough to provide a least some sense of restitution.

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

  1. Economic damages — This the totaling of all the bills and lost income related to your injury. It is a firm dollar amount. Examples include:
    • Medical expenses — That includes any urgent care, operations, prescription or over-the-counter meds, chiropractic appointments and assistive devices such as wheelchairs. 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 physically able to work. If your injury caused a disability that no longer permits 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 invest in childcare while you were recovering, you deserve to be repaid for that too.

    If your injuries result in future medical costs or lost earning capacity, drunk driving accident lawyers will ensure the settlement or verdict amount 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 trials you have been put through, which can include anything from pain when sleeping in certain positions to the emotional impact of not being able to exercise the same way anymore.
    • Disability for any permanent physical or cognitive challenges the drunk driver caused.
    • Disfigurement if the accident caused lasting scarring.
    • Loss of consortium if you or a loved one's injuries prevent you and your significant other from the companionship and intimate relationships you once had.
    • Loss of society if the injuries prevent you from giving or your loved ones from receiving the same advice and camaraderie they once did.
  3. Punitive damages These are not common in personal injury compensation, and are intended to punish the drunk driver and discourage others from making the same mistakes. We are aggressive in our pursuit of punitive damages in drunk driving accident claims. Not only does that increase your compensation, but it also puts the insurance company on their heels as punitive damages are not covered under insurance policies Under 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers may be awarded punitive damagers in personal injury claims for especially egregious 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 Carroll, IL attorneys have decades of experience winning cases in:

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Carroll, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including irresponsible drivers who do not want to take responsibility for their actions and resistant insurance companies focus more on their profits than doing the right thing. That is why each of our Carroll-based drunk driving accident lawyers in Illinois has dedicated their careers to fighting on behalf of the injured and vulnerable. We have no interest in TV or billboards. When we are not working tirelessly on one of our client's claims, our drunk driving accident lawyers are regularly fine-tuning our abilities to secure maximum compensation for our clients in Carroll 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 Carroll, 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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