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

Drunk Driving Accident Lawyers Darien, IL

Drunk Driving Accident Lawyers in Darien, IL. If an irresponsible drunk driver injured you or someone you care about, call the Darien, 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 Darien and throughout Illinois by fighting on their behalf so they can focus on healing.

You can do everything right to protect yourself and your loved ones, but thoughtless 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 lazily driving around on a Sunday, all of a sudden your entire life was upended when you did nothing wrong. The Darien, 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 piling up, you you cannot earn a living right now and it is hard to get the same enjoyment out of life that you did before your accident. We will fight for you until there is nothing left to fight. With the dedication, skill and unshakable legal counsel of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of experience, we have recovered over $175 million in verdicts and settlements that the vulnerable in Darien and throughout Illinois and Missouri were owed. Talking to us is free, and we do not charge any fees until the final verdict or settlement has been reached.

If you were harmed by a reckless drunk driver, discover how much your claim may be worth by filling out our free personal injury calculator.

WDAC Error: no location found

What Can Darien, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely file charges against the drunk driver who caused the accident. Still, a personal injury lawyer is still necessary to get you full compensation for your injuries. Talented, veteran and aggressive 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 Darien, IL Drunk Driving Accident Lawyers for My Claim?

The only way to know when to hire a personal injury lawyer is by having a professional examine the details of your accident. If there is no dispute about who is at fault and your injuries are minor and do not require much medical treatment, 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:

  • There is a dispute about liability. Drunk drivers who injure people are likely looking at criminal charges as well, and may not want to admit guilt 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 in their criminal case. 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 adjuster refuses to offer a full settlement. Ideally insurance companies would realize their responsibility when one of their policyholders drives drunk and injures you, 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 they only have to pay for some of your medical care. Those are all lies, and a talented drunk driving accident lawyer will not let them get away with them.
  • The drunk driver is not the only one responsible. While a drunk driver is obviously at fault, other parties may be at fault, such as a alcohol vendor that overserved the driver. Drunk driving accident lawyers will thoroughly investigate your claim and identify all liable parties. This is especially 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 severe your injuries the higher your medical bills will be, which makes valuing 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 compassionate drunk driving accident lawyers will not only ensure you receive the entirety of your damages, but we will help you receive all of the appropriate medical care.

At Burger Law, our consultations and initial investigations are free. 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.

Missouri Drunk Driving Accident Statistics

Seeing how many people choose to drink and drive can be quite sobering. Every day there are about 28 fatal drunk driving accidents, which is approximately one death in just under an hour. While drunk driving accidents and deaths have consistently become less common since 1982, drunk drivers still account for three-tenths of total traffic deaths as of 2018. While organizations such as Mothers Against Drunk Driving and strict punishments for drunk driving have definitely done a lot to make our communities safer, some selfish Darien, IL residents still make the irresponsible decision to put others at risk just so they party and avoid paying for an Uber. When that happens and you or a loved one are injured, you are owed a full financial recovery and the reckless driver needs to pay for what they did. The Darien, 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 accidents that caused fatalities in the state involved alcohol. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

How Alcohol Affects Driving | Darien, 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 greatly impair someone's ability to drive. 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 loss of judgment. At .05 percent - reached after approximately three drinks - someone experiences reduced coordination, inability to follow moving objects, challenges maneuvering and not being able to respond quickly to unexpected things on the road. It is vital to follow proper road safety and find other means of transport if you have been drinking. Unfortunately, sometimes you can do everything possible to stay safe and still experience the terrible consequences of a reckless Darien, IL driver not caring about the rules, getting behind the wheel while intoxicated and harming you or someone you love. Just knowing the harsh penalties that come with a DWI conviction does not make you whole again. You need the experienced and tenacious Darien, 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 start on the path to being made whole again.

Drunk Driving Laws in Darien and Illinois

According 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 drunk driving 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 someone else
  • The driver caused an accident in a school zone that resulted in personal injury

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

View More FAQs

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

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

  1. Duty of Care That the driver needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the defendant failed or was negligent in that duty.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the accident would not have happened but for the driver's failure to use reasonable care.
  5. Damages That you have sustained losses, such as economic damages like damage to your car as well as mental anguish. It is important to mention that in personal injury claims you cannot make a claim for for noneconomic damages if you have not sustained a monetary loss.

There are two factors that make drunk driving accident cases different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that people who get behind the wheel of a vehicle have an obligation 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 automatically did not act in a reasonable manner to avoid injuring you. Therefore, in drunk driving cases the first two elements are granted automatically under the condition that you have evidence that the driver was inebriated. All your drunk driving accident lawyers will need to demonstrate is that the driver caused the accident and 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 profits. That is why it is imperative to have tenacious and accomplished Darien, IL drunk driving accident lawyers by your side to fight until you get the financial recovery you deserve.

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

It is important to find all liable parties, especially if the driver has policy limits that do not fully compensate you for your damages. Depending on the specifics of your case, you may be able to make a claim against:

A Bar, Restaurant or Social Host

Dram shop laws permit you to sue a licensed alcohol vendor 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 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 the establishment sold the driver alcohol, which you can show through security footage, receipts or eyewitness depositions
  • That the customer they served caused your injuries
  • 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 driver responsible for your injuries was under the age of 21 and became intoxicated at the party.

Each year the Illinois Comptroller sets dram shop liability limits on how much a bar, restaurant or social host is required to pay out. As of Jan. 20, 2022, the maximum is $77,787.30 for each person incurring damages, or $95,073.37 if the accident resulted in 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. In a negligent entrustment claim, 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 case in Darien, 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 had had to much too drink.

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, the driver's employer may be partially to blame. Negligence that could result in liability could include:

Experienced Darien, IL drunk driving accident lawyers like those at Burger Law have seen all of these types of negligence claims and know how to get results in them. When you hire us, we start investigating your claim right away to find everyone who is responsible for your injuries.

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

Tort claims in the United States are based on the principle of being made whole. The idea behind the doctrine is that when someone is at-fault 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, 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 most destructive cases, for example if you lose a family member, no amount of money can truly 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 injury. It is an impartial dollar figure. Examples include:
    • Medical expenses — That includes any urgent care, surgeries, medications, physical rehabilitation appointments and in-home nursing. You will also receive compensation for any medical bills 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 physically able to work. If your injury caused a long-term or permanent injury that no longer allows you to earn a living as you once did, 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 chiropractic appointments, or had to invest in childcare while you were recovering, you need to be repaid for that too.

    In the case of future medical expenses 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 defines noneconomic damages as "intangible" damages, "including but not limited to":
    • Pain and suffering refers to the physical and emotional tribulations you have been put through, which can include anything from difficulty turning your head to having PTSD anymore.
    • Disability if you sustained life-long physical or cognitive challenges because of the accident.
    • Disfigurement if your injuries caused lasting scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries prevent you and your partner from the affection and intimate relationships you once shared.
    • Loss of society if the injuries your loved ones can no longer share the same advice and care that was once offered.
  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. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that increase your financial recovery, but it also puts the insurance company on their heels as punitive damages are not covered under insurance policies 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 appalling conduct. It is clear to us that anyone who sits in the drivers seat while drunk is demonstrating a flagrant lack of respect for your safety.

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

Call Burger Law Now

Darien, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including irresponsible 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 Darien-based drunk driving accident lawyers in Illinois has committed their education and abilities to standing up for the injured and vulnerable. We are not on TV commercials or billboards. When we are not investigating claims or in the courtroom defending the rights of our clients, our drunk driving accident lawyers are consistently fine-tuning our negotiation and trial skills to deliver maximum compensation for our clients in Darien and throughout Illinois. We know your actions did not cause this trying time; someone else's terrible actions did. For the highest standard of legal advocacy, call the Darien, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

Request a Free Consultation


“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

Hurt? Hire Us Today or call (314) 500-HURT

Other Locations

Schema