Making you whole again after someone else's selfish decision left you injured

Drunk Driving Accident Lawyers Herscher, IL

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

You can follow all the rules of the road, but careless drivers can still change your life in a heartbeat. Whether you were driving home from dinner or lazily driving around on a Sunday, your life was unexpectedly upended through no fault of your own. The Herscher, 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 may not be able to work because of your injuries and everything seems different than it was in the recent past. You do not have to go through this alone. With the compassions, expertise and unshakable legal counsel of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of experience, we have recovered more than $175 million in verdicts and settlements for our Herscher, IL clients. Our initial consultation and investigation is free, and we do not charge any fees until you get the great compensation you deserve.

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 Herscher, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely seek a guilty verdict in criminal court. However, only a personal injury lawyer can get you a financial recovery for all of your damages. Skilled, accomplished 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 Herscher, IL Drunk Driving Accident Lawyers for My Claim?

Every auto wreck is different, and you can only truly know when to hire a personal injury lawyer by seeking a consultation with one. If the driver is taking responsibility for his actions and your injuries are minor and do not require much medical treatment, 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:

  • There is a dispute about liability. Drunk drivers who cause accidents will go in front of a judge in criminal court, and may be motivated not to cooperate in order to not face the harsh penalties of a DUI. 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 criminal court. Experienced drunk driving accident lawyers will know how to utilize the law in order to get you the results you deserve.
  • The insurance adjuster refuses to offer a full settlement. Ideally insurance companies would realize their responsibility when one of their policyholders injures you in a drunk driving accident, far too often that does not happen. Even if the driver does take responsibility, the insurance company might try to persuade you that your injuries are pre-existing or that they do not have to pay for lost wages because you had paid time off available. Those are all deceptions aimed at minimizing your claim, and a skilled drunk driving accident lawyer will be able to combat those deceitful tactics and get you the money you deserve.
  • There are multiple parties at fault. While a drunk driver is obviously to blame, other entities may be at fault, such as a bar that overserved the driver. Drunk driving accident lawyers will carry out a comprehensive investigation 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 will incur future medical expenses. The more severe your injuries the more medical treatment you will need, which makes valuing your damages more challenging, and will cause the insurance company to fight back against giving you a fair settlement. Aggressive and compassionate drunk driving accident lawyers will not only be able to calculate and demand full compensation, but we will ensure you receive all of the medical you need to recover.

At Burger Law, there is no risk or obligation when talking to us. Contact us now at (314) 500-HURT to speak for a candid conversation with a drunk driving accident lawyer experienced with Illinois laws who will be straightforward with you about whether it is worth it or not for you to hire an attorney for your claim.

Missouri Drunk Driving Accident Statistics

Seeing how many people choose to drink and drive can be incredibly sobering. Every day 28 people die in accidents caused by drunk drivers, or about one death in just under an hour. While drunk driving accidents and deaths have steadily declined in the last four decades, drunk drivers are still responsible for 29 percent of all auto related fatalities. While safe driving campaigns and stiff punishments for drunk driving have certainly done wonders for reducing crashes, injuries and deaths, some careless Herscher, IL individuals still make the terrible decision to jeopardize others' safety while not understanding or not caring about the potential consequences of their actions. If you are harmed as a result, you are owed a full financial recovery and the careless driver needs to pay for breaking the rules. The Herscher, 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 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.

How Alcohol Affects Driving | Herscher, 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 sight, inability to do two things at once, a change in mood and poor judgment. At .05 percent - the product of about three drinks - a motorist experiences decreased coordination, reduced ability to follow moving objects, difficulty using the steering wheel and a slower response to unexpected things on the road. It is key to follow proper road safety and always have someone else drive if you have had too much to drink. Regrettably, sometimes you can do everything possible to stay safe and still be left to pick up the pieces after the catastrophic consequences of a reckless Herscher, IL motorist disregarding your safety, driving while intoxicated and harming you or someone you care about. Just knowing the harsh penalties that come with a DWI conviction is not enough. You need the experienced and tenacious Herscher, IL drunk driving accident lawyers of Burger law to to secure the financial settlement you and your family need and are owed. Call Burger Law today at (314) 500-HURT to find out the best way to proceed and start on the path to healing.

Drunk Driving Laws in Herscher 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 it becomes "aggravated driving under the influence" and a Class 4 Felony if:

  • It is a third or subsequent violation
  • The driver caused a motor vehicle accident that lead to 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 later violations are Class X Felonies.

View More FAQs

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

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

  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 the accident caused your injuries.
  4. Proximate Cause That the accident would not have happened but for the driver's negligence.
  5. Damages That you have sustained losses, such as monetary 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 factors that set drunk driving accidents apart from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that people who get behind the wheel of a vehicle are required to to "exercise due care to avoid colliding" with anyone else on the road. Meaning a driver automatically owed you a duty of care. Secondly, the legal doctrine of negligence per se stipulates that anyone who breaks the law is negligent as a matter of law. Therefore, in drunk driving cases the first two elements are granted automatically under the condition that you can demonstrate that the driver was driving drunk. All your drunk driving accident lawyers will need to demonstrate at that point is that the accident caused your injuries and that you incurred losses as a result.

While it may seem like that makes a drunk driving case a slam-dunk, 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 key to have passionate and accomplished Herscher, IL drunk driving accident lawyers to stand up for you and fight until you get the compensation you deserve.

Are Any Third Parties Liable for My Drunk Driving Accident Injuries in Herscher, 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 Licensed Alcohol Vendor or Social Host

Dram shop laws permit you to sue a licensed alcohol vendor after a drunk driving accident if the accident caused you injuries. Illinois' dram shop laws are laid out 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 show:

  • That the establishment sold the driver alcohol, which you can demonstrate through recordings, receipts or eyewitness or employee depositions
  • That the customer they sold to caused your injuries
  • 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 holds a private party — if the driver responsible for your injuries was not old enough to drink legally and became drunk at the party.

Every year the Illinois Comptroller stipulates 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 person incurring damages, or $95,073.37 if the accident resulted in loss of support or loss of society because of the wrongful death of a loved one.

The Owner of the Vehicle

If the driver of the vehicle was not the owner of the vehicle, the owner may also owe you compensation. In a negligent entrustment case, a person may be liable if they 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 suit in Herscher, 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 in no condition to operate a vehicle.

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. Negligence that could result in liability could include:

Experienced Herscher, 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 immediately to find everyone who is responsible for your injuries.

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

Civil claims in the United States are based on the theory of making one whole. The concept is that when a person or organization is responsible for your damages, 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 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 lower back injury for a few months. In the most tragic cases, for example if you or a loved one has permanent disability, no financial recovery can be expected to compensate you, but the settlement or verdict should be great enough to provide a least some sense of restitution.

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 impartial dollar figure. Examples include:
    • Medical expenses — That includes any treatment the day of the accident, operations, prescription or over-the-counter meds, physical therapy appointments and in-home nursing. You will also receive compensation 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 resulted in a disability that no longer permits you to work, 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 transportation to and from physical therapy appointments, or had to send your child to daycare because you could not look after them, you deserve to be compensated for that too.

    If your injuries result in future medical bills 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 effects on your well-being, which can include anything from pain when sleeping in certain positions to the emotional impact of not being able to exercise the same way anymore.
    • Disability if you sustained permanent physical or cognitive impairments because of the accident.
    • Disfigurement if your injuries caused lasting scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries impede you and your spouse from the companionship and intimate relationships you once had.
    • Loss of society if the injuries your loved ones can no longer share the same guidance and camaraderie that was once offered.
  3. Punitive damages These are rarely awarded in personal injury compensation, and are intended to punish the defendant and discourage future misbehavior. When we sue drunk drivers, we always pursue punitive damages. Not only does that increase your compensation, but it also puts the insurance company on their heels as there is no coverage for punitive damages 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 egregious behavior. It is clear to us that anyone who drives drunk is demonstrating a blatant disregard your safety.

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

Call Burger Law Now

Herscher, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including reckless drivers think they can do whatever they want and resistant insurance companies who care more about money than morals. For that reason, each of our Herscher-based drunk driving accident lawyers in Illinois has committed their careers to fighting on behalf of the injured and vulnerable. You will not see us on TV commercials or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are regularly sharpening our lawyer skills to secure maximum compensation for our clients in Herscher and throughout Illinois. We know your actions did not cause this trying time; someone else's selfish actions did. For expert, passionate and aggressive representation, call the Herscher, 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