Getting you the compensation you deserve after someone else's reckless decision left you to pick up the pieces

Drunk Driving Accident Lawyers Glen Ellyn, IL

Drunk Driving Accident Lawyers in Glen Ellyn, IL. If a selfish drunk driver hurt you or a loved one, call the Glen Ellyn, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a free consultation. We serve the injured and vulnerable in Glen Ellyn and throughout Illinois by defending their rights.

You can follow all the rules of the road, but irresponsible drivers can still change your life in an instant. Whether you were on your way home for your in-laws or lazily driving around on a Sunday, all of a sudden your entire life was capsized through no fault of your own. The Glen Ellyn, 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 accumulating, 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, expertise and unshakable legal advocacy of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of defending the rights of the injured, we have secured more than $175 million in verdicts and settlements for our Glen Ellyn, IL clients. Our initial consultation and investigation is free, and you do not owe us a thing until you get the great financial recovery you deserve.

If you were injured by a thoughtless drunk driver, see how much your damages 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 Glen Ellyn, IL Drunk Driving Accident Lawyers Do for My Claim?

A prosecutor will likely do everything they can to convict a drunk driver criminally. Still, a personal injury lawyer is still necessary to get you the monetary reimbursement you are owed. Talented, seasoned and persistent 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 Glen Ellyn, IL Drunk Driving Accident Lawyers for My Claim?

Every injury case is unique, and you can only truly know when to hire a personal injury lawyer by seeking the advise of one. If there is no dispute about who is at fault 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, there are many situations in which a drunk driving accident lawyer is the only way to get fair compensation:

  • 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 the harsh penalties of a DUI. 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 get you the results you deserve.
  • The insurance company does not want to pay for all of your damages. In a perfect world insurance companies would realize their duty when one of their policyholders drives drunk and injures you, far too often that does not happen. Even if the driver admits liability, the insurance company might try to persuade you that your injuries were not actually caused by the accident or they only have to pay for some of your medical care. Those are all lies, and an accomplished 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 clearly at fault, other entities may bear partial responsibility, such as a friend of the driver who knowingly lent them the vehicle while drunk. Drunk driving accident lawyers will conduct a detailed investigation and identify anyone who bears responsibility for the accident. Finding other liable parties is vital when your damages exceed the driver's insurance policy limits.
  • Your injuries will require medical care in the future. The more severe your injuries the more medical treatment you will need, which makes putting a dollar amount on your damages more difficult, and motivates the insurance company to try to devalue your damages as much as possible. Skilled and knowledgeable 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, our consultations and initial investigations are free. Reach out to us now at (314) 500-HURT to talk for a candid conversation with a drunk driving accident lawyer experienced with Illinois laws who will be honest with you about whether you need an attorney to get the best results in your case.

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

Seeing how many people choose to drink and drive can be incredibly sobering. Every day there are about 28 fatal drunk driving accidents, adding up to roughly one fatality every 52 minutes. While drunk driving accidents and deaths have steadily been on the decline in the last four decades, drunk drivers still account for almost a third of total traffic deaths as of 2018. While awareness campaigns and harsh punishments for drunk driving have certainly done wonders for reducing drunk driving, some selfish Glen Ellyn, IL residents still decide to put others at risk because of a misplaced self-centeredness. If you are injured as a result, you deserve to be justly compensated with a maximum recovery and the careless driver needs to pay for the harm they have caused. The Glen Ellyn, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts states that almost one-fifth of the 1,088 fatal crashes in the state involved alcohol. Alcohol was found in the symptoms of over a third of 448 deceased drivers who were tested.

Alcohol's Impact on Driving Abilities | Glen Ellyn, IL Drunk Driving Accident Lawyers

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of only .02 percent is sufficient to substantially impair someone's ability to drive. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to multi-task, exaggerated confidence and loss of judgment. At .05 percent - reached after about three alcohol beverages - a person suffers from lowered coordination, inability to trace movement, difficulty steering and a slower response to unexpected things on the road. It is vital to exercise great caution and always have someone else drive if you are intoxicated. Regrettably, sometimes you can commit to protecting others on the road and still be left reeling from the catastrophic consequences of a reckless Glen Ellyn, IL motorist making a selfish decision, driving drunk and hurting you or a family member. Just knowing the harsh penalties that come with a DWI conviction does not make you whole again. You need the accomplished and talented Glen Ellyn, 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 go over your case and start on the road to recovery.

Drunk Driving Laws in Glen Ellyn 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 it 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 resulted in personal injury

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

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

Generally, 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 driver had a responsibility to keep you safe.
  2. Breach of Duty That the driver did not act in a way that kept you safe.
  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 is the reason for the accident.
  5. Damages That you have sustained losses, such as monetary damages like damage to your car as well as mental anguish. In personal injury claims you can only recover noneconomic damages if there were associated economic damages.

There are two factors that set drunk driving accidents apart from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 stipulates 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 the first element is a given. Secondly, the legal doctrine of negligence per se states that anyone who violates a state statute 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 show is that the driver caused the accident and injured you.

None of that means you should take the success of your case for granted; the insurance company will still be motivated to pay you as little as possible. That is why it is crucial to have committed and talented Glen Ellyn, IL drunk driving accident lawyers to stand up for you and get the best results in your claim.

Are Any Third Parties Liable for My Drunk Driving Accident Injuries in Glen Ellyn, 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 rules permit you to sue a bar or restaurant after a drunk driving accident if you sustained damages. 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 at fault. You just have to demonstrate:

  • That a vendor-patron relationship existed, which you can demonstrate through surveillance video, receipts or eyewitness or employee testimony
  • That the patron they sold 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 furnishes liquor to a guest in a private residence — if the drunk driver was not old enough to drink legally and became inebriated at the private residence.

Every year the Illinois Comptroller places dram shop liability limits on how much compensation you can receive in a dram shop case. As of Jan. 20, 2022, the maximum is $77,787.30 for each person making a claim for the accident, or $95,073.37 if the accident resulted in loss of support or loss of society a family member's wrongful death.

The Owner of the Vehicle

If you were injured by a vehicle that was not being driven by the owner, the owner may be liable for percentage of your damages. According to the theory of negligent entrustment, a person may be liable if they 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 suit in Glen Ellyn, 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, you may be able to make a claim against the company that contracted and directed the driver. 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 Glen Ellyn, IL drunk driving accident lawyer so they can conduct a comprehensive investigation into your accident. Doing so will not only make sure every negligent party is held responsible, but will also increase your compensation and secure you the full financial recovery you are owed.

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

Tort 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 receive a financial recovery that is equal to the economic loss and physical pain their negligence put you through. In many car accident claims, for example a simple fender-bender, being made whole means recovering compensation for lost wages, follow-up doctors' appointments and the physical strain that is a result of rehabilitating from a neck injury for a little while. In the worst cases, for example if you or a loved one loses a limb, no financial recovery can truly make you whole, but the settlement or verdict should be high enough to encapsulate the terrible loss you have sustained.

There are three categories of damages in a personal injury claim:

  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 a non-arguable dollar figure. Examples include:
    • Medical expenses — That includes any emergency room visits, surgeries, prescription or over-the-counter meds, physical rehabilitation appointments and assistive devices such as braces. You will also receive compensation for any treatment, joint replacements or replacement assistive devices you may need 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 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 chiropractic appointments, or had to invest in childcare while you were recovering, you need to be reimbursed 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 pain 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 permanent physical or cognitive impairments due to the accident.
    • Disfigurement if the accident result in 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 they once did.
  3. Punitive damages These are rarely awarded in personal injury recoveries, and are meant to punish the defendant and deter future misbehavior. 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 deserve, but it also motivates the insurance company to be fair as their policyholders do not pay for punitive damages in their policies Pursuant to 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 dangerous conduct. It is clear to us that anyone who drives drunk is demonstrating a blatant lack of respect for your safety.

In addition, we have extensive experience winning the following cases for our Glen Ellyn, IL clients:

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Glen Ellyn, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including irresponsible drivers think they can do whatever they want and resistant insurance companies focus more on think it is acceptable to withhold the money you are owed. For that reason, each of our Glen Ellyn-based drunk driving accident lawyers in Illinois has committed their education and abilities to defending the rights of the injured and vulnerable. We have no interest in TV or billboards. When we are not working tirelessly on one of our client's claims, our drunk driving accident lawyers are constantly honing our negotiation and trial skills to deliver the best results for our clients in Glen Ellyn and throughout Illinois. We know you did nothing to become injured; someone else's irresponsible decisions did. For the highest standard of legal advocacy, call the Glen Ellyn, 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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