Securing justice after a drunk driver's selfish decision left you to pick up the pieces

Drunk Driving Accident Lawyers Danville, IL

Drunk Driving Accident Lawyers in Danville, IL. If an irresponsible drunk driver hurt you or a loved one, call the Danville, 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 Danville and throughout Illinois by defending their rights.

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but drunk drivers can still put you in harm's way and unfairly injure you. Whether you were coming back to town after a long weekend or just running errands, your life was immediately upended through no fault of your own. The Danville, 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 it is hard to get the same enjoyment out of life that you did in the recent past. We will fight for you until there is nothing left to fight. With the dedication, skill and aggressive legal advocacy of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of litigating and trying cases, we have secured more than $175 million in verdicts and settlements for our Danville, IL clients. Our case reviews are no-risk, no-obligation, and you do not owe us a thing until you get the best possible financial recovery you deserve.

If you were injured by a thoughtless drunk driver, find out how much your claim may be worth by utilizing 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 Danville, IL Drunk Driving Accident Lawyers Do for My Claim?

The criminal justice system 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. Talented, experienced and persistent 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 Danville, IL Drunk Driving Accident Lawyers for My Claim?

Every auto wreck is different, and you can only truly know when to hire a personal injury lawyer by seeking a consultation with one. If there is no dispute about who is at fault 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, there are many situations in which a drunk driving accident lawyer is the only way to get fair compensation:

  • The other driver will not admit fault. Drunk drivers who cause injuries are likely looking at criminal charges as well, and may be motivated not to cooperate in order to not be sentenced in criminal court. While drunk driving charges can sometimes be dropped or reduced, 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 refuses to offer a full settlement. In a perfect world insurance companies would fulfill their commitment when one of their policyholders decides to make a selfish decision that winds up injuring you, that is not always the case. Even if the driver admits liability, the insurance company might try to say that your injuries are pre-existing or they only have to pay for some of your medical care. None of that is true, and an accomplished 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 a friend of the driver who knowingly lent them the vehicle while drunk. Drunk driving accident lawyers will thoroughly investigate your claim and identify all liable parties. Finding other liable parties is crucial when the policy limits are not sufficient to fairly compensate you.
  • Your injuries require ongoing care. The more grave your injuries the higher your medical bills will be, which makes putting a dollar amount on your damages more challenging, 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 dedicated drunk driving accident lawyers will not only be able to calculate and demand full compensation, but we will help you receive all of the appropriate medical care.

At Burger Law, we answer all of your questions for free. Reach out to us now at (314) 500-HURT to speak directly to a drunk driving accident lawyer experienced with Illinois laws who will be honest with you about whether we can add to your claim.

Missouri Drunk Driving Accident Statistics

Understanding just how bad the problem of drinking and driving can be pretty sobering. Every day 28 people die in accidents caused by drunk drivers, which is approximately one fatality every 52 minutes. While drunk driving accidents and deaths have steadily become less common since 1982, drunk drivers still account for three-tenths of total traffic deaths as of 2018. While awareness campaigns and strict punishments for drunk driving have definitely done a lot to make our roads safer, some careless Danville, IL individuals still choose to put others at risk just so they enjoy themselves and skip on paying for an Uber. When that happens and you or a loved one are injured, you deserve to be fairly compensated with a complete recovery and the negligent driver needs to be held accountable for what they did. The Danville, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts reported that 19.7 percent of the 1,088 accidents that caused fatalities in the state involved a drunk driver. Of 448 deceased drivers who were tested for alcohol, 37.1 percent tested positive.

How Alcohol Affects Driving | Danville, 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 even .02 percent is enough to substantially impair someone's abilities behind the wheel. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to multi-task, exaggerated confidence and inadequate judgment. At .05 percent - reached after approximately three drinks - someone experiences reduced coordination, reduced ability to track movement, challenges steering and a slower response to emergency situations. It is vital to exercise great caution and find other ways of getting home if you have had too much to drink. Regrettably, sometimes you can do everything possible to stay safe and still be left to pick up the pieces after the devastating consequences of a reckless Danville, IL driver not caring about the rules, driving drunk and harming 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. You need the accomplished and talented Danville, 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 start on the path to being made whole again.

Drunk Driving Laws in Danville and Illinois

Pursuant 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:

  • It is a third or subsequent violation
  • An accident occurred that resulted in great bodily harm, permanent disability or disfigurement to another
  • 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 Danville, IL?

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

  1. Duty of Care That the driver had a responsibility to keep you safe.
  2. Breach of Duty That the defendant 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 defendant's breach of duty.
  5. Damages That the accident led to tangible loss, such as monetary damages like lost wages as well as pain and suffering. In personal injury claims you can only recover noneconomic damages if there were associated 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 stipulates that drivers are 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 philosophy of negligence per se means 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 the first two elements. All your drunk driving accident lawyers will need to demonstrate is that the driver caused the accident and your injuries.

None of that means you should take the success of your case for granted; the insurance company will still be motivated to pay you as little as possible. That is why it is imperative to have aggressive and talented Danville, IL drunk driving accident lawyers to fight on your behalf and fight until you get the financial recovery you are owed.

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

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

A Licensed Alcohol Vendor or Social Host

Many states have what is known as a dram shop law, under which you may be able sue a licensed alcohol vendor after a drunk driving accident if you were harmed. Illinois' dram shop laws are laid out 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 someone underage. You just have to demonstrate:

  • That a vendor-patron relationship existed, which you can demonstrate through surveillance video, receipts or eyewitness depositions
  • That the customer they supplied alcohol to was responsible for the drunk driving accident
  • That the vendor is responsible for the patron being drunk

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 old enough to drink legally and became inebriated at the private residence.

Annually, the Illinois Comptroller stipulates 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 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, you may be able to file a suit against the owner. According to the doctrine of negligent entrustment, a person may be liable if they permit a third person to engage in an activity which is under the control of the actor if it would not be safe to do so. In a drunk driving accident claim in Danville, 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 had had to much too drink.

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 hired and directed the driver. Negligence that could result in liability could include:

Experienced Danville, IL drunk driving accident lawyers like those at Burger Law have seen all of these types of claims and know how to get results in them. When you hire us, we start investigating your claim right away to determine as many liable parties as possible.

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

Personal injury claims in the United States are based on the theory of being made whole. The concept is that when a person or organization is to blame 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 simple fender-bender, being made whole means recovering compensation for lost wages, follow-up doctors' appointments and the physical strain that comes with rehabilitating from a whiplash injury for a relatively short period of time. In the worst cases, for example if you or a loved one has permanent disability, no financial recovery can truly compensate you, but the amount should be great enough to provide a least some sense of restitution.

Damages in a personal injury claim are broken down into three distinct groups:

  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 firm dollar figure. Examples include:
    • Medical expenses — That includes any urgent care, operations, prescription or over-the-counter meds, physical therapy 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 work, 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 gas to and from chiropractic appointments, or had to invest in childcare while you were recovering, you need to be compensated for that too.

    If your injuries result in future medical expenses or lost earning capacity, 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 effects on your well-being, which can include anything from difficulty standing up and sitting down to the emotional impact of not being able to engage in the same activities anymore.
    • Disability if you sustained permanent physical or cognitive impairments because of the accident.
    • Disfigurement if the accident caused permanent scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries impede you and your partner from the companionship and intimate relationships you grew accustomed to.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same advice and camaraderie that was once offered.
  3. Punitive damages These are not common in personal injury compensation, and are meant to punish the defendant and deter future misbehavior. We are aggressive in our pursuit of punitive damages in drunk driving accident claims. Not only does that maximize your financial recovery, but it also motivates the insurance company to be fair as there is no coverage for punitive damages 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 egregious behavior. It is clear to us that anyone who gets behind the wheel while drunk is demonstrating a brazen disregard your safety.

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

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Danville, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including selfish drivers think they can do whatever they want and resistant insurance companies focus more on think it is acceptable to withhold the money you deserve. For that reason, each of our Danville-based drunk driving accident lawyers in Illinois has pledged their lives to standing up for the injured and vulnerable. You will not see us on TV commercials or billboards. When we are not working relentlessly on one of our client's claims, our drunk driving accident lawyers are consistently sharpening our abilities to get maximum compensation for our clients in Danville and throughout Illinois. We know you did nothing to become injured; someone else's irresponsible behavior did. For the highest standard of legal advocacy, call the Danville, 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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