Getting you the compensation you deserve after someone else's reckless decision left you injured

Drunk Driving Accident Lawyers Durand, IL

Drunk Driving Accident Lawyers in Durand, 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 Durand, 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 Durand 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 on your way to a sports game or just running errands, all of a sudden your entire life was completely disrupted when you did nothing wrong. The Durand, 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 are losing time off work and your life is not the same as it before your accident. This burden is not yours to bear alone. With the commitment, knowledge and forceful legal advocacy 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 secured over $175 million in verdicts and settlements for our Durand, IL clients. Our initial consultation and investigation is free, and we do not charge any fees until the final verdict or settlement has been reached.

If you were injured by a selfish drunk driver, see how much your injuries 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 Durand, IL Drunk Driving Accident Lawyers Do for My Claim?

A prosecutor will likely hold a drunk driver accountable in criminal court. However, only a personal injury lawyer can get you a financial recovery for all of your damages. Skilled, seasoned and persistent drunk driving accident lawyers can ensure you get maximum compensation by:

At Burger Law, we know the ins-and-outs of every type of auto accident claim and know how to get great compensation.

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

Every crash is unique, and you can only truly know when to hire a personal injury lawyer by seeking the advise of one. If the driver accepts blame and your injuries are minor and only require a quick trip to the emergency room, it probably will not be too difficult to get fair compensation. However, there are often many good reasons you will want a drunk driving accident lawyer on your side:

  • 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 face fines, a suspended license and possibly jail time. 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 obtain key evidence 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 fulfill their duty when one of their policyholders decides to make a irresponsible decision that winds up injuring you, far too often that does not happen. Even in the event that the driver admits liability, the insurance company might try to convince you that your injuries are the result of other trauma or that a lawyer will only take money from you. Those are all deceptions aimed at minimizing your claim, and a skilled drunk driving accident lawyer will not let them get away with them.
  • There are other parties you can make a claim against. While a drunk driver is clearly to blame, other parties may bear partial responsibility, such as the driver's employer. 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 grave your injuries the higher your medical bills will be, which makes valuing your damages more difficult, and motivates the insurance company to try to minimize your injuries as much as possible. Aggressive and knowledgeable drunk driving accident lawyers will not only ensure you receive the entirety of your damages, 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. Contact us now at (314) 500-HURT to speak directly to a drunk driving accident lawyer experienced with Illinois laws who will be straightforward with you about whether we can add to your claim.

How Common is Drunk Driving in Durand, IL and the U.S.?

Drunk driving statistics can be incredibly sobering. Every day 28 people die in accidents caused by drunk drivers, which is approximately one death every 52 minutes. While drunk driving accidents and fatalities have steadily become less common in the last four decades, drunk drivers are still responsible for almost a third of all auto related deaths. While awareness campaigns and strict punishments for drunk driving have certainly done wonders for reducing drunk driving, some careless Durand, IL individuals still choose to jeopardize others' safety just so they party and avoid paying for a taxi. If you are harmed as a result, you are owed a full financial recovery and the negligent driver needs to be held responsible for breaking the rules. The Durand, 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 found 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, over a third tested positive.

How Alcohol Affects Driving | Durand, 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 only .02 percent is enough to significantly impede someone's driving skills. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to do two things at once, a change in mood and loss of judgment. At .05 percent - the product of roughly three drinks - a driver suffers from lowered coordination, reduced ability to trace moving objects, challenges steering and a slower response to unexpected things on the road. It is imperative to do you part in protecting other drivers, passengers and pedestrians and find other ways of transport if you have had too much to drink. Regrettably, sometimes you can follow all the rules ourselves and still be left to pick up the pieces after the horrible and unfair consequences of a thoughtless Durand, IL motorist not caring about the rules, driving while intoxicated and injuring you or a loved one. Just knowing the harsh penalties that come with a DWI conviction cannot truly compensate you and your family for all of the ways they have impacted your life. Trust in the experienced and aggressive Durand, 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 discuss your options and begin on the road to feeling that true justice was achieved.

Drunk Driving Laws in Durand 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 driving under the influence 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 Durand, IL?

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

  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 do what they should have in order to avoid injuring you.
  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 negligence.
  5. Damages That you have sustained losses, such as monetary damages like medical bills as well as mental anguish. It is important to note 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 aspects that set drunk driving accidents apart from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that motorists have an obligation to "exercise due care to avoid colliding" with pedestrians or other vehicles. Meaning the first element is a given. Secondly, the legal theory of negligence per se stipulates that anyone who breaks the law is automatically considered to have breached their duty of care. 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 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 imperative to have aggressive and talented Durand, IL drunk driving accident lawyers by your side to fight until you get the best results in your claim.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Durand, 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

Many states have what is referred to as a dram shop rule, under which you may be able sue a bar or restaurant 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 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 prove:

  • That the vendor sold the driver alcohol, which you can show with security footage, receipts or eyewitness testimony
  • That the customer they supplied alcohol to was responsible for the drunk driving accident
  • 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 supplies their private guests with alcohol — if the person who caused your accident was under the age of 21 and became drunk at the private residence.

Every year the Illinois Comptroller sets dram shop liability limits on how much a vendor 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 caused loss of support or loss of society due to the wrongful death of a loved one.

The Owner of the Vehicle

If the driver was driving someone else's car, the owner may be liable for a portion of your damages. According to the practice of negligent entrustment, it is negligent to permit someone else to use a thing 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 Durand, 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 you were injured by someone who works as a driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may also owe you damages. Examples of negligence on the part of the employer could include:

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

Personal injury claims in the United States are based on the principle of being made whole. "Being made whole" means that when another party injures you, you should be paid a dollar amount commensurate to the extent of your damages. In many car accident claims, for example a simple fender-bender, that might mean paying money you lost from work while recovering, chiropractic appointments and the physical strain that comes with rehabilitating from a neck injury for a few months. In the most destructive cases, for example if you or a loved one has permanent disability, no amount of money can truly make you whole, but the financial recovery should be great enough to provide a least some sense of peace.

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 an unbiased dollar amount. Examples include:
    • Medical expenses — That includes any treatment the day of the accident, operations, prescription or over-the-counter meds, chiropractic appointments and in-home care. You will also receive compensation for any medical expenses that will arise 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 resulted in a disability that no longer allows you to perform the tasks required of your job, you will also be compensated for the salary you would have made in the future, but for the injuries.
    • Out-of-pocket expenses — If you had to pay for transportation to and from chiropractic appointments, or had to hire a nanny to be able to take care of your kids, you need to be compensated for that too.

    In the case of future medical bills 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 defines noneconomic damages as "intangible" damages, "including but not limited to":
    • Pain and suffering refers to the physical and mental burdens you have been put through, which can be anything anything from difficulty going up and down the stairs to having PTSD anymore.
    • Disability if you have life-long physical or cognitive impairments due to the accident.
    • Disfigurement if the accident caused permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your spouse from the love and intimate relationships you once shared.
    • Loss of society if the injuries your family can no longer share the same guidance and care 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. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that help win you the money you deserve, but it also makes the insurance company nervous 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 appalling conduct. At Burger Law, we have learned that anyone who drives drunk how much of a potential threat they are to other people on the roads.

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

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Durand, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers do not respect other people's safety and resistant insurance companies whose prioritize more their profits than doing the right thing. That is why each of our Durand-based drunk driving accident lawyers in Illinois has dedicated their lives to fighting on behalf of the injured and vulnerable. We have no interest in TV commercials or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are consistently honing our lawyer skills to secure the best results for our clients in Durand and throughout Illinois. We know your actions did not cause this trying time; someone else's selfish decisions did. For accomplished, empathetic and tenacious representation, call the Durand, 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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