Securing justice after someone else's terrible decision left you injured

Drunk Driving Accident Lawyers Elk Grove Village, IL

Drunk Driving Accident Lawyers in Elk Grove Village, IL. If an irresponsible drunk driver harmed you or a family member, call the Elk Grove Village, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a complimentary case evaluation. We serve the injured and vulnerable in Elk Grove Village and throughout Illinois by securing them the maximum compensation they are owed.

You can follow all the rules of the road, but reckless drivers can still cause unimaginable destruction. Whether you were driving home from dinner or just running errands, your life was unexpectedly completely disrupted when you did nothing wrong. The Elk Grove Village, IL drunk driving accident lawyers at Burger Law have pledged their careers to helping people in similar circumstances get a sense of healing and the best possible compensation when they may be feeling like there was no way out. We know the medical bills are accumulating, you are losing time off work and everything seems different than it was before your accident. We will fight for you until there is nothing left to fight. With the commitment, skill and forceful legal representation 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 won more than $175 million in verdicts and settlements that the vulnerable in Elk Grove Village and throughout Illinois and Missouri were owed. Talking to us is free, and you do not owe us a thing until we win your case.

If you were harmed by a selfish drunk driver, see how much your damages may be worth by using 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 Elk Grove Village, IL Drunk Driving Accident Lawyers Do for My Claim?

A prosecutor will likely file charges against the drunk driver who caused the accident. Still, you will still need a personal injury lawyer to stand up to the drunk driver in civil court and get you a financial recovery for all of your damages. Skilled, experienced and tenacious 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 Elk Grove Village, 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 only require an appointment with your primary care physician, it may not be worth it to hire an attorney. However, there are often many good reasons you will want a drunk driving accident lawyer on your side:

  • There is a dispute about liability. Drunk drivers who cause accidents will go in front of a judge in criminal court, and may not want to admit liability 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 in their criminal case. 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. While you would like to think insurance companies would realize their commitment when one of their policyholders drives drunk and injures you, far too often that does not happen. Even in the event that the driver does take responsibility, the insurance company might try to say that your injuries were not actually caused by the accident or that a lawyer will only take money from you. Those are all deceptions aimed at devaluing your claim, and a knowledgeable 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 to blame, 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 pay for the full scope of your injuries.
  • Your injuries require ongoing care. The more significant your injuries the more medical treatment you will need, which makes valuing your damages more complex, and will cause the insurance company to fight back against giving you a fair settlement. Tenacious and compassionate 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. Call 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 direct with you about whether you need an attorney to get the best results in your case.

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

Drunk driving statistics can be incredibly sobering. Every day there are about 28 fatal drunk driving accidents, adding up to roughly one death in just under an hour. While drunk driving accidents and deaths have steadily become less common since 1982, drunk drivers still account for three-tenths of total traffic fatalities as of 2018. While safe driving campaigns and stiff punishments for drunk driving have definitely done wonders for reducing drunk driving, some careless Elk Grove Village, IL residents still decide to put others at risk while not understanding or not caring about the potential consequences of their actions. When that happens and you or a loved one are injured, you deserve to be fairly reimbursed with a maximum recovery and the negligent driver needs to pay for what they did. The Elk Grove Village, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts reported that almost one-fifth of the 1,088 fatal crashes in the state involved a drunk driver. Of 448 deceased drivers who were tested for alcohol, over a third 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 even .02 percent is enough to considerably reduce someone's ability to drive. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to do two things at once, exaggerated confidence and loss of judgment. At .05 percent - reached after approximately three alcohol beverages - a driver suffers from reduced coordination, reduced ability to follow moving objects, difficulty maneuvering and not being able to respond in enough time to unexpected things on the road. It is imperative to follow proper road safety and let someone else take the wheel if you have had too much to drink. Unfortunately, sometimes you can do everything possible to stay safe and still experience the horrible and unfair consequences of a thoughtless Elk Grove Village, IL motorist disregarding your safety, getting behind the wheel while intoxicated and hurting 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 cannot truly compensate you and your family for all of the ways they have impacted your life. You need the accomplished and talented Elk Grove Village, 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 done.

Drunk Driving Laws in Elk Grove Village and Illinois

Under 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 it 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

Other instances in which it is a more serious crime include:

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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 defendant had a responsibility to avoid harming you.
  2. Breach of Duty That the defendant did not use reasonable care.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the accident would not have happened but for the defendant's breach of duty.
  5. Damages That you have sustained losses, such as economic damages like medical bills as well as pain and suffering. It is important to mention that in personal injury claims you cannot receive compensation for noneconomic damages if you have not sustained a monetary loss.

There are two factors that set drunk driving accidents apart 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 legally compelled to "exercise due care to avoid colliding" with other cars, pedestrians and bicyclists. Meaning you do not have to prove the driver owed you a duty of care, as it is already stipulated under the law. Secondly, the legal doctrine 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 duty of care and breach of duty. 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.

Negligence per se does not mean you will automatically get the money you deserve; 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 aggressive and accomplished Elk Grove Village, IL drunk driving accident lawyers by your side to get the compensation you deserve.

Are Any Third Parties Liable for My Drunk Driving Accident Injuries in Elk Grove Village, 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 injuries. Illinois' dram shop laws are stipulated in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law more liberal than many other states' in that the drunk driver did not have to be visibly drunk when they were sold alcohol in order for the vendor to be liable. You just have to show:

  • That the vendor sold the driver alcohol, which you can show with recordings, receipts or eyewitness or employee testimony
  • That the patron they supplied alcohol to caused the drunk driving accident
  • 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 drunk driver was not of legal age to drink and became drunk at the party.

Annually, the Illinois Comptroller stipulates dram shop liability limits on the maximum amount of money a person or organization can be required to pay in a dram shop claim. 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 a family member's wrongful death.

The Owner of the Vehicle

If the driver was driving someone else's car, the owner may also owe you compensation. In a negligent entrustment claim, someone may owe you damages if they permit someone else to engage in an activity which is under the control of the actor if if permitting the activity creates an inherent risk. In a drunk driving accident case in Elk Grove Village, 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 works as a driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may have some liability. 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 Elk Grove Village, IL drunk driving accident lawyer so they can conduct a comprehensive investigation into your accident. 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 Elk Grove Village, IL Drunk Driving Accident Injuries?

Civil claims in the United States are based on the doctrine of being made whole. The concept is that when a person or organization injures you, you should be paid a dollar amount commensurate to the extent of your damages. In many car accident claims, for example a a low-speed crash in a parking lot, that might mean paying money you lost from work while recovering, chiropractic appointments and the pain involved with rehabilitating from a whiplash injury for a relatively short period of time. In the most destructive cases, for example if you lose a loved one, no amount of money can genuinely compensate you, but the settlement or verdict 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 the totaling of all the bills and lost income related to your injury. It is an objective dollar figure. Examples include:
    • Medical expenses — That includes any urgent care, operations, prescription or over-the-counter meds, physical therapy appointments and in-home care. You will also be reimbursed for any medical bills that we expect to arise 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 caused a disability 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 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 we have to take into consideration 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 pain you have been put through, which can be anything anything from pain when carrying groceries in to having PTSD anymore.
    • Disability for any permanent physical or cognitive impairments the accident caused.
    • Disfigurement if your injuries result in permanent scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries prevent you and your significant other from the affection and intimate relationships you are used to.
    • Loss of society if the injuries prevent you from giving or your loved ones from receiving the same counsel and care they once did.
  3. Punitive damages These are not common in personal injury recoveries, and are meant to punish the defendant and deter others from making the same mistakes. When we file a lawsuit against drunk drivers, we always pursue punitive damages. Not only does that help win you the money you deserve, but it also helps secure a fair settlement from the insurance company because there is no coverage for punitive damages 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. At Burger Law, our experience tells us that anyone who gets behind the wheel while under the influence 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 hate bullies, including irresponsible drivers do not respect other people's safety and resistant insurance companies who care more about think it is acceptable to withhold the money you deserve. For that reason, each of our Elk Grove Village-based drunk driving accident lawyers in Illinois has pledged their lives to standing up for the injured and vulnerable. We have no interest in TV or billboards. When we are not working relentlessly on one of our client's claims, our drunk driving accident lawyers are consistently fine-tuning our abilities to deliver the best results for our clients in Elk Grove Village and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's horrible decisions did. For expert, passionate and aggressive 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.

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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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