Securing justice after someone else's reckless decision left you to pick up the pieces

Drunk Driving Accident Lawyers Hampshire, IL

Drunk Driving Accident Lawyers in Hampshire, IL. If you or a loved one was injured because someone else broke the rules of the road and got behind the wheel drunk, call the Hampshire, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a no-risk, no-obligation consultation. We serve the injured and vulnerable in Hampshire and throughout Illinois by fighting on their behalf so they can focus on healing.

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but thoughtless drivers can still change your life in a heartbeat. Whether you were on your way to a sports game or just running errands, all of a sudden your entire life was completely disrupted through no fault of your own. The Hampshire, IL drunk driving accident lawyers at Burger Law have devoted their lives to helping individuals and families in similar circumstances get peace of mind and great compensation when they may be feeling like no one could help them. We know the medical bills are piling up, you you cannot earn a living right now and everything seems different than it was before your accident. We will be by your side until things are made right again. With the commitment, skill and aggressive legal representation of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of experience, we have secured over $175 million in verdicts and settlements for our Hampshire, IL clients. Our initial consultation and investigation is free, and we do not charge any fees until we win your case.

If you were harmed by an irresponsible drunk driver, see how much your claim may be worth by filling out 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 Hampshire, 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 confront the drunk driver in civil court and get you full compensation for your injuries. Skilled, experienced and aggressive drunk driving accident lawyers can ensure you get the best possible financial recovery 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 Hampshire, 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 case. If the driver accepts liability 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, many other circumstances require an attorney for the best results:

  • The other driver will not admit fault. Drunk drivers who injure people are likely looking at criminal charges as well, and may not want to admit liability 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 on state charges. Experienced drunk driving accident lawyers will know how to obtain key evidence in order to hold the negligent driver accountable.
  • The insurance company refuses to offer a full settlement. Ideally insurance companies would recognize their responsibility when one of their policyholders decides to make a reckless decision that winds up injuring you, that is not always the case. 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 the result of other trauma or that a lawyer will only take money from you. Those are all deceptions aimed at devaluing your claim, and a talented drunk driving accident lawyer will be able to combat those deceitful tactics and get you the money you are owed.
  • 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 the driver's employer. 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 will require medical care in the future. The more significant your injuries the more medical treatment you will need, which makes calculating the full value of your damages more difficult, and will cause the insurance company to fight back against giving you a fair settlement. Aggressive and knowledgeable 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. Call us now at (314) 500-HURT to talk directly to 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 Common is Drunk Driving in Hampshire, 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, or about one fatality in just under an hour. While drunk driving accidents and deaths have steadily declined since 1982, drunk drivers are still responsible for three-tenths of all auto related fatalities. While organizations such as Mothers Against Drunk Driving and harsh punishments for drunk driving have definitely done wonders for reducing drunk driving, some reckless Hampshire, IL individuals still decide to disregard others' well-being because of a misplaced self-centeredness. When that happens and you or a loved one are injured, you are owed a full financial recovery and the reckless driver needs to pay for the harm they have caused. The Hampshire, IL drunk driving accident lawyers at Burger Law will use or skills and dedication to see wrongs made right.

The Illinois 2020 Crash Facts states that 19.7 percent of the 1,088 accidents that caused fatalities in the state involved alcohol. Alcohol was found in the symptoms of 37.1 percent of 448 deceased drivers who were tested.

Alcohol's Impact on Driving Abilities | Hampshire, 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 greatly reduce someone's driving skills. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to multi-task, a change in mood and inadequate judgment. At .05 percent - the product of approximately three alcohol beverages - a motorist experiences lowered coordination, reduced ability to track moving objects, difficulty maneuvering and a slower response to emergency situations. It is key to exercise great caution and have a back up plan if you are not in the best condition to drive. Regrettably, sometimes you can do everything possible to stay safe and still experience the horrible and unfair consequences of a thoughtless Hampshire, IL motorist disregarding your safety, getting behind the wheel while intoxicated and hurting you or someone you love. Just knowing the harsh penalties that come with a DWI conviction is not enough. You need the savvy and talented Hampshire, 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 find out the best way to proceed and start on the path to feeling that true justice was done.

Drunk Driving Laws in Hampshire 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 DUI 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 lead to bodily harm

Third and fourth violations are Class 2 Felonies, a fifth violation is a Class 1 Felony, and sixth and subsequent violations are Class X Felonies.

View More FAQs

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

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

  1. Duty of Care That the driver had a responsibility to avoid harming you.
  2. Breach of Duty That the defendant failed or was negligent in that duty.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the defendant's failure to act in a way that avoided hurting you 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 noneconomic damages. In personal injury claims you can only recover noneconomic damages if there were associated monetary losses.

There are two factors that make drunk driving accident lawsuits different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that drivers 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 principle of negligence per se states that anyone who violates a state statute automatically did not act in a reasonable manner to avoid injuring you. Therefore, in drunk driving cases the first two elements are taken care of under the condition that you can demonstrate that the driver was inebriated. All your drunk driving accident lawyers will need to show 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 be awarded the financial recovery you deserve; 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 crucial to have committed and skilled Hampshire, 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 Hampshire, IL?

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

A Licensed Alcohol Vendor or Social Host

Many states have what is referred to as a dram shop law, under which you may be able sue a licensed alcohol vendor after a drunk driving accident if you were hurt. Illinois' dram shop laws are specified 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 show significant impairment when they were sold alcohol in order for the vendor to be liable. You just have to demonstrate:

  • That a vendor-patron relationship existed, which you can demonstrate with surveillance video, receipts or eyewitness or employee testimony
  • That the customer they served was responsible for your injuries
  • That the vendor is responsible for the patron being drunk

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 inebriated at the private residence.

Every year the Illinois Comptroller stipulates dram shop liability limits on how much a bar, restaurant or social host is required to pay out. 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 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, 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 engage in an activity which is under the control of the actor if it would not be safe to do so. In a drunk driving accident suit in Hampshire, 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 your accident was caused by someone who works as a driver, for example 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. Reasons they are liable could include:

Experienced Hampshire, IL drunk driving accident lawyers like those at Burger Law have seen all of these types of cases and know how to hold the appropriate parties liable. When you hire us, we start investigating your case right away to determine everyone who is responsible for your injuries.

What Damages Are Available for My Hampshire, IL Drunk Driving Accident Injuries?

The civil court system in the United States is 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 simple fender-bender, that might mean paying money you lost from work while recovering, follow-up doctors' appointments and the pain and inconvenience involved with rehabilitating from a neck injury for a few months. In the most destructive cases, for example if you lose a loved one, no amount of money can be expected to compensate you, but the amount should be high enough to encapsulate the terrible loss you have sustained.

You can typically recover three types of damages in a personal injury claim:

  1. Economic damages — This the totaling of all the bills and lost income related to your injury. It is an objective dollar amount. Examples include:
    • Medical expenses — That includes any treatment the day of the injury, operations, prescription or over-the-counter meds, physical rehabilitation appointments and assistive devices such as wheelchairs. 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 on the job as you were healing. If your injury resulted in a disability that no longer allows you to earn a living as you once did, 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 gas to and from medical appointments, or had to invest in childcare while you were recovering, you need a financial recovery for that too.

    If your injuries result in 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 emotional trials you have been put through, which can be anything anything from pain when bending over to tie your shoes to having PTSD anymore.
    • Disability for any permanent physical or cognitive impairments the drunk driver caused.
    • Disfigurement if the accident caused permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your partner from the companionship and intimate relationships you once had.
    • Loss of society if the injuries your loved ones can no longer share the same counsel and camaraderie that was once offered.
  3. Punitive damages These are rarely awarded in personal injury recoveries, and are intended to punish the drunk driver and discourage others from making the same mistakes. We are aggressive in our pursuit of punitive damages in drunk driving accident claims. Not only does that help win you the money you are owed, but it also puts the insurance company on their heels as there is no coverage for punitive damages According to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can seek punitive damagers in personal injury claims for especially egregious conduct. It is clear to us that anyone who drives drunk is demonstrating a blatant disregard your safety.

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

Call Burger Law Now

Hampshire, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including selfish drivers do not value other people's safety and resistant insurance companies whose prioritize more think it is acceptable to withhold the compensation you deserve. For that reason, each of our Hampshire-based drunk driving accident lawyers in Illinois has devoted their careers to fighting on behalf of the injured and vulnerable. We are not on TV commercials or billboards. When we are not working relentlessly on one of our client's claims, our drunk driving accident lawyers are constantly fine-tuning our negotiation and trial skills to get great recoveries for our clients in Hampshire and throughout Illinois. We know you did nothing to become injured; someone else's horrible behavior did. For the highest standard of legal advocacy, call the Hampshire, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

Request a Free Consultation


“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

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

Other Locations

Schema