Drunk Driving Accident Lawyers Elk Grove Village, IL

Getting you the compensation you deserve after someone else’s selfish decision left you injured

Drunk Driving Accident Lawyers in Elk Grove Village, IL. If a selfish drunk driver injured you or someone you care about, call the Elk Grove Village, 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 Elk Grove Village and throughout Illinois by standing up to bullies and getting them the financial recovery they deserve.

You can do everything possible to protect yourself and your loved ones, but irresponsible drivers can still put you in harm’s way and unfairly injure you. Whether you were on your way home for your in-laws or just running errands, your life was immediately completely disrupted through no fault of your own. The Elk Grove Village, 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 keep coming in, you are losing time off work and your life is not the same as it before your accident. You do not have to go through this alone. With the compassions, expertise and forceful legal representation of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of litigating and trying cases, we have gotten more than $175 million in verdicts and settlements that the vulnerable in Elk Grove Village and throughout Illinois and Missouri were owed. Our initial consultation and investigation is free, and we do not charge any fees until you get the maximum financial recovery you deserve.

If you were harmed by a reckless drunk driver, see how much your injuries may be worth by using our free personal injury calculator.

What Can Elk Grove Village, 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, a personal injury lawyer is still necessary to get you the monetary reimbursement you are owed. Skilled, seasoned and tenacious drunk driving accident lawyers can ensure you get maximum compensation by:

• Investigating your claim comprehensively, including acquiring key evidence of culpability and your injuries
• Connecting you with trusted doctors so you can heal completely
• Working alongside economic and medical experts to precisely value your damages
• Combating the tactics insurance companies use to avoid compensating you
• Proving negligence on the part of the drunk driver
• Negotiating a fair settlement with the insurance company
• Filing a lawsuit when the insurance company is not offering the maximum compensation you deserve
• Taking your case to court if the insurance adjuster will not be fair in mediation
• Fighting on your behalf until you are made whole again

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

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Do I Need Elk Grove Village, IL Drunk Driving Accident Lawyers for My Claim?

Every injury case is different, and you can only truly know when to hire a personal injury lawyer by seeking the advise of one. If the driver accepts culpability and your injuries are minor and do not require much medical treatment, a lawyer likely will not be able to add much value to your claim. However, many other circumstances require an attorney for the best results:

• There is a dispute about liability. 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 on state charges. Experienced drunk driving accident lawyers will know how to utilize their investigative and litigation skills in order to hold the negligent driver accountable.
• The insurance company is not being fair. While you would like to think insurance companies would fulfill their obligation when one of their policyholders decides to make a reckless decision that ends up injuring you, an insurance adjusters real job is to save the company money, not fairly compensate you. Even in the event that the driver is willing to be held accountable, the insurance company might try to convince you that your injuries are pre-existing or they only have to pay for some of your medical care. None of that is true, 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 obviously at fault, other entities may be at fault, such as a restaurant that overserved the driver. Drunk driving accident lawyers will thoroughly investigate your claim and identify everyone whose negligence contributed to your injuries. This is especially beneficial when the policy limits are not sufficient to pay for the full scope of your injuries.
• Your injuries will incur future medical expenses. The more grave your injuries the more medical treatment you will need, which makes putting a dollar amount on your damages more challenging, and motivates the insurance adjuster to try to devalue your damages as much as possible. Aggressive and compassionate drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, but we can connect you to trusted physicians to make sure you get the medical treatment you need.

At Burger Law, there is no risk or obligation when talking to us. Reach out to us now at (314) 500-HURT to talk 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.

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, or about one fatality in just under an hour. While drunk driving accidents and fatalities have steadily declined in the last four decades, drunk drivers are still responsible for almost a third of all auto related fatalities. While organizations such as Mothers Against Drunk Driving and strict punishments for drunk driving have certainly helped, some selfish Elk Grove Village, IL individuals still choose to put others at risk because of a misplaced self-centeredness. If you are injured as a result, you deserve to be fairly reimbursed with a full recovery and the reckless driver needs to be held accountable for what they did. The Elk Grove Village, 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 almost 20 percent of the 1,088 fatal crashes in the state involved alcohol. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

Alcohol’s Impact on Driving Abilities | Elk Grove Village, IL Drunk Driving Accident Lawyers

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of just .02 percent is sufficient to considerably hinder someone’s abilities behind the wheel. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to multi-task, a change in mood and loss of judgment. At .05 percent – reached after approximately three alcohol beverages – a driver suffers from lowered coordination, inability to track moving objects, challenges steering and not being able to respond quickly to emergency situations. It is crucial to follow proper road safety and find other ways of getting home if you have been drinking. Unfortunately, sometimes you can commit to protecting others on the road and still be left reeling from the horrible and unfair consequences of a reckless Elk Grove Village, IL motorist making a selfish decision, getting behind the wheel drunk and hurting 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 knowledgeable and skilled Elk Grove Village, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to discuss your options and begin on the road to being made whole again.

Drunk Driving Laws in Elk Grove Village and Illinois

Pursuant 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:

• The driver had more than two previous DUI offenses
• 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 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.

How Do You Prove a Drunk Driving Accident Claim in Elk Grove Village, IL?

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

1. Duty of Care — That the driver 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 driver’s negligence is the reason for the accident.
5. Damages — That the accident led to tangible loss, such as economic damages like lost wages as well as emotional distress. In personal injury claims you can only recover noneconomic damages if there were also 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 people who get behind the wheel of a vehicle are to “exercise due care to avoid colliding” with other cars, pedestrians and bicyclists. Meaning a driver automatically owed you a duty of care. Secondly, the legal philosophy 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 the first two elements. All your drunk driving accident lawyers will need to prove at that point is that the accident caused your injuries and that you incurred losses as a result.

None of that means you should take the success of your case for granted; 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 crucial to have tenacious and skilled Elk Grove Village, IL drunk driving accident lawyers to fight on your behalf and fight until you get the financial recovery you deserve.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Elk Grove Village, IL?

The driver is clearly liable for their reckless decision making, but drunk driving accident lawyers experienced with Illinois law will be able to conduct a full investigation and determine if any of the other following parties share liability:

A Bar, Restaurant or Social Host

Many states have what is known as a dram shop rule, under which you may be able sue a bar or restaurant after a drunk driving accident if you were injuries. Illinois’ dram shop laws are explained 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 a visibly intoxicated person. You just have to prove:

• That the bar or restaurant sold the driver alcohol, which you can demonstrate with security footage, receipts or eyewitness or employee testimony
• That the customer they supplied alcohol to caused the drunk driving accident
• That the vendor is responsible for the patron being drunk

You can only sue a social host — meaning someone who holds a private party — if the drunk driver was under the age of 21 and became drunk at the party.

Every 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 injured party, or $95,073.37 if the accident caused loss of support or loss of society a family member’s wrongful death.

The Owner of the Vehicle

If the driver was driving someone else’s car, you may be able to make a claim against the owner. In a negligent entrustment claim, it is negligent to permit a third person 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 Elk Grove Village, 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 your accident was caused by a commercial driver, for example in a truck accident, bus accident or rideshare accident, the driver’s employer may be partially to blame. Examples of negligence on the part of the employer could include:

• Failure to carry out a sufficient background check
• Ignoring troubling aspects in the background check
• Ignoring previous reports of intoxication
• Not adhering to the Federal Motor Carrier Safety Administration’s drug testing requirements

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Elk Grove Village, IL drunk driving accident lawyer so they can conduct an exhaustive investigation into your accident. 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 Compensation Can I Recover for My Elk Grove Village, 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 injuries, 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 for lost wages, chiropractic appointments and the pain and inconvenience involved with rehabilitating from a lower back injury for a little while. In the most tragic cases, for example if you or a loved one has permanent disability, no amount of money can genuinely compensate you, 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 a non-arguable dollar amount. Examples include:
   • Medical expenses — That includes any urgent care, operations, medications, chiropractic appointments and in-home care. You will also receive compensation for any medical bills that will arise in the future.
   • Lost wages and lost earning capacity — You will be reimbursed for full amount of the wages you lost from not being on the job as you were healing. If your injury caused a long-term or permanent injury that no longer permits you to earn a living as you once did, 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 medical appointments, or had to send your child to daycare because you could not look after them, you deserve to be reimbursed for that too.

   If your injuries result in future medical bills or lost earning potential, drunk driving accident lawyers will make sure the compensation 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 effects on your well-being, which can be anything anything from difficulty sleeping in certain positions to the emotional impact of not being able to exercise the same way anymore.
   • Disability for any life-long physical or cognitive impairments the selfish driver caused.
   • Disfigurement if the accident caused permanent scarring or loss of limb.
   • Loss of consortium if you or a loved one’s injuries prevent you and your partner from the love and intimate relationships you are used to.
   • 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 typically not included in personal injury recoveries, and are meant 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 get you the money you are owed, but it also motivates the insurance company to be fair as 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 can argue in favor of punitive damagers in personal injury claims for especially appalling behavior. 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, we have extensive experience winning the following cases for our Elk Grove Village, IL clients:

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Elk Grove Village, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers do not value other people’s safety and resistant insurance companies who care more about money than morals. That is why each of our Elk Grove Village-based drunk driving accident lawyers in Illinois has dedicated their lives to standing up for the injured and vulnerable. We have no interest in TV or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are consistently honing our negotiation and trial skills to deliver the best results for our clients in Elk Grove Village and throughout Illinois. We know your actions did not cause this trying time; someone else’s irresponsible behavior did. For expert, empathetic and relentless representation, call the Elk Grove Village, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.