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

Drunk Driving Accident Lawyers DuPage County, IL

Drunk Driving Accident Lawyers in DuPage County, IL. If an irresponsible drunk driver hurt you or someone you care about, call the DuPage County, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a free case evaluation. We serve the injured and vulnerable in DuPage County 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 without warning. Whether you were coming back to town after a long weekend or just running errands, all of a sudden your entire life was upended through no fault of your own. The DuPage County, IL drunk driving accident lawyers at Burger Law to getting the best possible outcomes for our clients and seeing them made whole again. We know the medical bills are piling up, you you cannot earn a living right now and your life is not the same as it before your accident. We will fight for you until there is nothing left to fight. 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 experience, we have secured more than $175 million in verdicts and settlements for our DuPage County, IL clients. Talking to us is free, and we do not charge any fees until we win your case.

If you were harmed 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

View Location

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

The criminal justice system will likely do everything they can to convict a drunk driver criminally. Still, you will still need a personal injury lawyer to stand up to the drunk driver in civil court and get you the monetary reimbursement you are owed. Skilled, accomplished and relentless drunk driving accident lawyers can ensure you get justice by:

At Burger Law, we know auto accident claims and how to stand up to bullies.

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

Every accident 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, it may not be worth it to hire an attorney. However, there are many situations in which a drunk driving accident lawyer is the only way to get fair compensation:

  • The drunk driver will not take responsibility for their actions. Drunk drivers who injure people will probably be prosecuted, and may avoid communicating with you and the insurance company 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 the law in order to hold the negligent driver accountable.
  • The insurance adjuster is not being fair. In a perfect world insurance companies would realize their duty when one of their policyholders drives drunk and injures you, an insurance adjusters real job is to save the company money, not fairly compensate you. Even in the event that the driver does take responsibility, the insurance company might try to convince you that your injuries are pre-existing or that a lawyer will only take money from you. Those are all lies, and a talented 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 at fault, other entities 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 thoroughly investigate your claim and identify everyone whose negligence contributed to your injuries. Finding other liable parties is vital when the policy limits are not sufficient to fairly compensate you.
  • Your injuries are severe. The more significant your injuries the higher your medical bills will be, which makes calculating the full value of your damages more complex, and makes it more likely the insurance company will try to claim they do not have to pay for all of your medical expenses. Persistent and compassionate drunk driving accident lawyers will not only ensure you receive the entirety of your damages, but we will ensure you receive all of the medical you need to recover.

At Burger Law, our consultations and initial investigations are 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 direct with you about whether we can add to your claim.

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

Drunk driving statistics can be pretty sobering. Every day there are about 28 fatal drunk driving accidents, adding up to roughly one fatality in just under an hour. While drunk driving accidents and fatalities have steadily become less common in the last 40 years, drunk drivers still account for 29 percent of total traffic deaths as of 2018. While safe driving campaigns and stiff punishments for drunk driving have certainly helped, some selfish DuPage County, IL individuals still choose to put others at risk because of a misplaced self-centeredness. If you are hurt as a result, you deserve to be justly reimbursed with a maximum recovery and the reckless driver needs to be held responsible for breaking the rules. The DuPage County, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts found that almost 20 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.

How Alcohol Affects Driving | DuPage County, 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 substantially impede someone's abilities behind the wheel. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to perform two tasks simultaneously, an altered mood and inadequate judgment. At .05 percent - the product of approximately three drinks - someone experiences lowered coordination, inability to follow movement, difficulty using the steering wheel and not being able to respond quickly to unexpected things on the road. It is vital to exercise great caution and always have someone else drive if you are not in the best condition to drive. Unfortunately, sometimes you can follow all the rules ourselves and still be left reeling from the devastating consequences of a reckless DuPage County, IL driver making a selfish decision, driving while intoxicated and injuring you or someone you love. Just knowing that the negligent driver will likely face criminal charges, steep fees, restrictions on their license and possibly jail time is not enough. You need the knowledgeable and aggressive DuPage County, 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 path to recovery.

Drunk Driving Laws in DuPage County and Illinois

Under to 625 ILCS 5/11-501 of the Illinois Vehicle Code, driving while drunk on under the influence of drugs is a Class A Misdemeanor. However, a driving under the influence becomes "aggravated driving under the influence" and a Class 4 Felony if:

  • It is a third or subsequent violation
  • An accident occurred that lead to great bodily harm, permanent disability or disfigurement to another
  • The driver caused an accident in a school zone that resulted in personal injury

Other instances in which the class of felony increases include:

View More FAQs

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

Typically, when you are proving negligence in a personal injury claim, you and your drunk driving accident lawyers must demonstrate the five elements of negligence:

  1. Duty of Care That the defendant had a responsibility to avoid harming you.
  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 driver's failure to use reasonable care caused the accident that caused your injuries.
  5. Damages That you have sustained losses, such as economic damages like medical bills as well as emotional distress. In personal injury claims you can only recover noneconomic damages if there were also economic damages.

There are two factors that make drunk driving accident claims different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that drivers have an obligation to "exercise due care to avoid colliding" with other cars, pedestrians and bicyclists. Meaning the first element is a given. Secondly, the legal theory of negligence per se stipulates that anyone who violates a state statute 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 show is that the driver caused the accident and injured you.

Negligence per se does not mean you will automatically get the compensation you are owed; 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 critical to have tenacious and accomplished DuPage County, IL drunk driving accident lawyers to fight on your behalf and fight until you get the compensation you deserve.

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

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

A Bar, Restaurant or Social Host

Dram shop rules permit you to sue a bar or restaurant after a drunk driving accident if the accident caused you injuries. Illinois' dram shop laws are stipulated 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 show significant impairment when they were sold alcohol in order for the vendor to be liable. You just have to prove:

  • That the bar or restaurant sold the driver alcohol, which you can demonstrate through security footage, receipts or eyewitness testimony
  • That the patron they supplied alcohol to caused 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 supplies their private guests with alcohol — if the driver responsible for your injuries was not of legal age to drink and became inebriated at the private residence.

Each year 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 making a claim for the accident, or $95,073.37 if the accident caused loss of support or loss of society due to 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, a person may be liable if they permit a third person to use something which is under the control of the actor if that would create an unreasonable risk of harm to others. In a drunk driving accident case in DuPage County, 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 you were injured by a commercial driver, for example in a truck accident, bus accident or rideshare accident, the driver's employer may be partially to blame. Reasons they are liable could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced DuPage County, 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 Damages Are Available for My DuPage County, IL Drunk Driving Accident Injuries?

The civil court system in the United States is based on the principle of making one whole. "Being made whole" means that when another party is to blame 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 a low-speed crash in a parking lot, being made whole means recovering compensation money you lost from work while recovering, follow-up doctors' appointments and the physical strain involved with rehabilitating from a lower back injury for a little while. In the most destructive cases, for example if you or a loved one becomes paralyzed, no financial recovery can genuinely make you whole, but the financial recovery should be high enough to encapsulate the terrible loss you have sustained.

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

  1. Economic damages — This the totaling of all the bills and lost income related to your injury. It is an unbiased dollar figure. Examples include:
    • Medical expenses — That includes any treatment the day of the injury, surgeries, prescription or over-the-counter meds, chiropractic appointments and assistive devices such as crutches. You will also be reimbursed for any medical bills that we expect to arise in the future.
    • Lost wages and lost earning capacity — You will receive the full amount of the wages you lost from not being able to work while you recovered. If your injury resulted in a long-term or permanent injury that no longer allows you to work, you will also be compensated for the money 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 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.

    In the case of future medical bills or lost earning potential, drunk driving accident lawyers will make sure the recovery 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 effects on your well-being, which can include anything from difficulty bending over to tie your shoes to the emotional impact of not being able to exercise the same way anymore.
    • Disability if you have permanent physical or cognitive impairments because of the accident.
    • Disfigurement if the accident caused lasting scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries prevent you and your spouse from the companionship and intimate relationships you once shared.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same guidance and care that was once offered.
  3. Punitive damages These are not common in personal injury recoveries, and are meant to punish the drunk driver and discourage future misbehavior. When we make a claim against drunk drivers, we always seek punitive damages. Not only does that help get you the money you are owed, but it also makes the insurance company nervous because their policyholders do not pay for punitive damages in their 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 reckless conduct. It is clear to us that anyone who drives intoxicated is demonstrating a brazen lack of respect for your safety.

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

Call Burger Law Now

DuPage County, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including reckless drivers do not value other people's safety and resistant insurance companies who care more about their profits than doing the right thing. For that reason, each of our DuPage County-based drunk driving accident lawyers in Illinois has dedicated their lives to fighting on behalf of the injured and vulnerable. You will not see us on TV commercials or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are regularly honing our negotiation and trial skills to get great recoveries for our clients in DuPage County and throughout Illinois. We know you did nothing to become injured; someone else's dangerous behavior did. For the highest standard of legal advocacy, call the DuPage County, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

Request a Free Consultation


ā€œGary 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!ā€

David and Fran Schneider

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

Other Locations

Schema