Making you whole again after a drunk driver's terrible decision left you injured

Drunk Driving Accident Lawyers Cary, IL

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

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but reckless drivers can still change your life in a heartbeat. Whether you were coming back to town after a long weekend or lazily driving around on a Sunday, your life was immediately turned upside down when you did nothing wrong. The Cary, 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 before your accident. We will be by your side until things are made right again. With the compassions, skill and tenacious legal advocacy of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of litigating and trying cases, we have won over $175 million in verdicts and settlements for our Cary, IL clients. 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 injured by a selfish drunk driver, discover 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 Cary, IL Drunk Driving Accident Lawyers Do for My Claim?

A prosecutor will likely file charges against the drunk driver who caused the accident. Still, you will still need a personal injury lawyer to stand up to the drunk driver in civil court and get you full compensation for your injuries. Skilled, seasoned and tenacious drunk driving accident lawyers can ensure you get maximum compensation 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 Cary, 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 the driver is taking responsibility for his actions and your injuries are minor and do not require much medical treatment, 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 refuses to be held accountable for their actions. Drunk drivers who cause accidents will go in front of a judge in criminal court, and may not want to admit liability 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 on state charges. Experienced drunk driving accident lawyers will know how to cross-examine the drunk driver in a deposition in order to prove that the defendant were drunk and injured you.
  • The insurance adjuster is not being fair. In a perfect world insurance companies would realize their obligation when one of their policyholders injures you in a drunk driving accident, an insurance adjusters real job is to save the company money, not fairly compensate you. Even in the event that the driver admits liability, the insurance company might try to say that your injuries are the result of other trauma 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.
  • There are other parties you can make a claim against. While a drunk driver is clearly to blame, other entities may be at fault, such as a friend of the driver who knowingly let them use the vehicle while drunk. 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 fairly compensate you.
  • Your injuries need extensive medical treatment. The more severe your injuries the higher your medical bills will be, which makes calculating the full value of 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 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. Call 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 honest with you about whether it is worth it or not for you to hire an attorney for your claim.

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

Seeing how many people choose to drink and drive can be incredibly sobering. Every day 28 people are killed in accidents caused by drunk drivers, or about one fatality in just under an hour. While drunk driving accidents and fatalities have consistently been on the decline since 1982, drunk drivers still account for 29 percent of total traffic deaths as of 2018. While organizations such as Mothers Against Drunk Driving and stiff punishments for drunk driving have definitely done wonders for reducing crashes, injuries and deaths, some reckless Cary, IL individuals still decide to put others at risk because of a misplaced self-centeredness. If you are injured as a result, you deserve to be justly compensated with a complete recovery and the reckless driver needs to pay for breaking the rules. The Cary, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

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 | Cary, 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 even .02 percent is sufficient to significantly hinder someone's driving skills. 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 drinks - a motorist experiences decreased coordination, reduced ability to trace moving objects, difficulty using the steering wheel and not being able to respond in enough time to unexpected things on the road. It is imperative to do you part in protecting other drivers, passengers and pedestrians and have a back up plan if you have had too much to drink. Unfortunately, sometimes you can do everything possible to stay safe and still be left reeling from the devastating consequences of a reckless Cary, IL motorist disregarding your safety, driving drunk and hurting you or a loved one. Just knowing the harsh penalties that come with a DWI conviction is not enough. Trust in the savvy and aggressive Cary, 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 begin on the path to healing.

Drunk Driving Laws in Cary and Illinois

Pursuant 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:

  • It is a third or subsequent violation
  • 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 resulted in personal injury

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 Cary, IL?

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

  1. Duty of Care That the defendant needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the driver did not use reasonable care.
  3. Cause in Fact That your injuries are a direct result of the accident.
  4. Proximate Cause That the driver's failure to act in a way that avoided hurting you caused the accident that caused your injuries.
  5. Damages That you have sustained losses, such as monetary damages like damage to your car as well as noneconomic damages. In personal injury claims you can only recover noneconomic damages if there were associated economic damages.

There are two aspects that make drunk driving accident lawsuits different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that motorists are to "exercise due care to avoid colliding" with other cars, pedestrians and bicyclists. 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 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 that that is how you sustained your injuries.

While it may seem like that makes a drunk driving case a slam-dunk, 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 passionate and talented Cary, IL drunk driving accident lawyers by your side to fight until you get the best results in your claim.

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

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

A Licensed Alcohol Vendor or Social Host

Dram shop laws allow you to sue a licensed alcohol vendor after a drunk driving accident if you were harmed. 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 the drunk driver did not have to be visibly drunk when they were sold alcohol in order for the vendor to be at fault. You just have to show:

  • That a vendor-patron relationship existed, which you can demonstrate through recordings, receipts or eyewitness or employee testimony
  • That the customer they served was responsible for your injuries
  • That the the patron got drunk 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 not of legal age to drink and became inebriated at the private residence.

Every year the Illinois Comptroller stipulates dram shop liability limits on the maximum amount of money a person or organization can be required to pay in a dram shop claim. As of Jan. 20, 2022, the maximum is $77,787.30 for each person incurring damages, 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 make a claim against the owner. According to the practice of negligent entrustment, someone may owe you damages if they 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 suit in Cary, 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 you were injured by someone who earns a living as a driver, such as 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. Reasons they are liable could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Cary, IL drunk driving accident lawyer so they can conduct a comprehensive investigation into your claim. Doing so will not only make sure every liable 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 Cary, IL Drunk Driving Accident Injuries?

Tort claims in the United States are based on the theory of being made whole. "Being made whole" means that when another party is to blame 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 rear-end accident, being made whole means recovering compensation money you lost from work while recovering, follow-up doctors' appointments and the pain that is a result of rehabilitating from a lower back injury for a relatively short period of time. In the most destructive cases, for example if you lose a loved one, no amount of money can be expected to make you whole, but the settlement or verdict should be great enough to provide a least some sense of comfort.

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 an impartial dollar figure. Examples include:
    • Medical expenses — That includes any treatment the day of the injury, surgeries, medications, physical therapy appointments and assistive devices such as vehicle improvements. 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 on the job as you were healing. If your injury resulted in a disability that no longer permits 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 transportation to and from medical appointments, or had to hire a nanny to be able to take care of your kids, you need to be repaid for that too.

    If we have to take into consideration future medical expenses or lost earning potential, drunk driving accident lawyers will make sure the settlement or verdict amount 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 mental hardships 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 engage in the same activities anymore.
    • Disability if you sustained life-long physical or cognitive difficulties because of the accident.
    • Disfigurement if the accident caused permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your partner from the affection and intimate relationships you once shared.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same advice and camaraderie they once did.
  3. Punitive damages These are typically not included in personal injury recoveries, and are intended to punish the defendant and discourage future misbehavior. When we make a claim against drunk drivers, we always pursue punitive damages. Not only does that increase your compensation, but it also helps secure a fair settlement from the insurance company 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 egregious behavior. It is clear to us that anyone who drives drunk is demonstrating a shameless disregard your safety.

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

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Cary, IL Drunk Driving Accident Lawyers | Burger Law

We hate 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. That is why each of our Cary-based drunk driving accident lawyers in Illinois has committed their lives to standing up for the injured and vulnerable. We are not on TV commercials or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are regularly honing our abilities to get great recoveries for our clients in Cary and throughout Illinois. We know your actions did not cause this trying time; someone else's selfish decisions did. For knowledgeable, compassionate and aggressive representation, call the Cary, 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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