Making you whole again after someone else's reckless decision left you to pick up the pieces

Drunk Driving Accident Lawyers Homer Glen, IL

Drunk Driving Accident Lawyers in Homer Glen, 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 Homer Glen, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a no-risk, no-obligation case review. We serve the injured and vulnerable in Homer Glen 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 careless drivers can still cause incredible devastation. Whether you were coming back to town after a long weekend or lazily driving around on a Saturday, your life was immediately completely disrupted through no fault of your own. The Homer Glen, IL drunk driving accident lawyers at Burger Law have dedicated their lives to helping people like you get justice and full 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 your life is not the same as it just a short while ago. This burden is not yours to bear alone. 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 litigating and trying cases, we have won over $175 million in verdicts and settlements that the vulnerable in Homer Glen and throughout Illinois and Missouri were owed. Talking to us is free, and we do not charge any fees until the final verdict or settlement has been reached.

If you were hurt by a reckless drunk driver, see how much your damages may be worth by utilizing our free personal injury calculator.

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What Can Homer Glen, IL Drunk Driving Accident Lawyers Do for My Claim?

The criminal justice system will likely hold a drunk driver accountable in criminal court. However, a personal injury lawyer is still necessary to get you the monetary reimbursement you are owed. Knowledgeable, seasoned and tenacious drunk driving accident lawyers can ensure you get the best possible financial recovery by:

At Burger Law, we know auto accident claims and how to fight back against bullies.

Do I Need Homer Glen, 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 claim. If the driver accepts blame and your injuries are minor and do not require much medical treatment, it probably will not be too difficult to get fair compensation. However, many other circumstances require an attorney for the best results:

  • The other driver will not admit fault. Drunk drivers who injure people will probably be prosecuted, and may be motivated not to cooperate in order to not face fines, a suspended license and possibly jail time. 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 does not want to pay for all of your damages. In a perfect world insurance companies would recognize their duty when one of their policyholders drives drunk and injures 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 persuade you that your injuries were not actually caused by the accident or you waited too long to seek medical treatment. Those are all lies, and an accomplished drunk driving accident lawyer will not let them get away with them.
  • There are multiple parties at fault. 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 car while drunk. Drunk driving accident lawyers will perform a comprehensive investigation and identify everyone whose negligence contributed to your injuries. This is especially vital when the policy limits are not sufficient to fairly compensate you.
  • Your injuries are severe. The more significant your injuries the more medical treatment you will need, which makes calculating the full value of your damages more challenging, and makes it more likely the insurance company will try to claim they do not have to pay for all of your medical expenses. Aggressive and dedicated drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, but we will ensure you receive all of the medical you need to recover.

At Burger Law, we answer all of your questions for free. Contact us now at (314) 500-HURT to speak directly to a drunk driving accident lawyer experienced with Illinois laws who will be honest with you about whether it is worth it or not for you to hire an attorney for your claim.

Missouri Drunk Driving Accident Statistics

Drunk driving statistics can be pretty sobering. Every day 28 people are killed in accidents caused by drunk drivers, which is approximately one death every 52 minutes. While drunk driving accidents and fatalities have consistently been on the decline since 1982, drunk drivers still account for almost a third of total traffic fatalities as of 2018. While safe driving campaigns and strict punishments for drunk driving have definitely done a lot to make our roads safer, some selfish Homer Glen, IL residents still make the terrible decision to disregard others' well-being because of a misplaced self-centeredness. If you are hurt as a result, you deserve to be justly reimbursed with a full recovery and the careless driver needs to be held responsible for what they did. The Homer Glen, 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 reported that almost 20 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 | Homer Glen, 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 enough to considerably reduce someone's abilities behind the wheel. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to perform two tasks at the same time, exaggerated confidence and poor judgment. At .05 percent - reached after approximately three drinks - a person experiences lowered coordination, inability to follow moving objects, difficulty maneuvering and a slower response to emergency situations. It is crucial to do you part in protecting other drivers, passengers and pedestrians and let someone else take the wheel if you have had too much to drink. Unfortunately, sometimes you can commit to protecting others on the road and still experience the devastating consequences of a thoughtless Homer Glen, IL motorist not caring about the rules, driving while intoxicated and harming you or a loved one. Just knowing the harsh penalties that come with a DWI conviction cannot truly compensate you and your family for all of the ways they have impacted your life. You need the accomplished and tenacious Homer Glen, IL drunk driving accident lawyers of Burger law to get you the full financial recovery you deserve. Call Burger Law today at (314) 500-HURT to discuss your options and begin on the road to feeling that true justice was achieved.

Drunk Driving Laws in Homer Glen 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 DUI 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 resulted in 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 the penalty is more severe include:

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How Do You Prove a Drunk Driving Accident Claim in Homer Glen, 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 defendant 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 led to your injuries.
  4. Proximate Cause That the accident would not have happened but for the driver's negligence.
  5. Damages That the negligence was the reason you sustained a loss, 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 aspects that make drunk driving accident lawsuits different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 stipulates that drivers 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 duty of care and breach of duty. All your drunk driving accident lawyers will need to demonstrate is that the driver caused the accident and injured you.

Negligence per se does not mean you will automatically get the compensation 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 critical to have aggressive and talented Homer Glen, IL drunk driving accident lawyers to fight on your behalf and fight until you get the best results in your claim.

Who Else Can I Sue for My Drunk Driving Accident Injuries in Homer Glen, IL?

The driver is clearly to blame for their irresponsible decision making, but drunk driving accident lawyers well-versed in Illinois law will be able to conduct a full investigation and determine if any of the other following parties share liability:

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 bar or restaurant after a drunk driving accident if you were harmed. 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 show:

  • That the establishment sold the driver alcohol, which you can show through recordings, receipts or eyewitness or employee depositions
  • That the patron they supplied alcohol to caused your injuries
  • That the the patron became inebriated 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 driver responsible for your injuries was under the age of 21 and became intoxicated at the private residence.

Each year the Illinois Comptroller stipulates dram shop liability limits on how much a establishment 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 the driver of the vehicle was not the owner of the vehicle, you may be able to make a claim against the owner. 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 claim in Homer Glen, 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 had had to much too drink.

The Driver's Employer

If your accident was caused by a commercial driver, for example in a truck accident, bus accident or rideshare accident, you may be able to make a claim against the company that hired and directed the driver. Negligence that could result in liability could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Homer Glen, 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 Homer Glen, IL Drunk Driving Accident Injuries?

Personal injury claims in the United States are based on the principle of being made whole. The concept is that when a person or organization is responsible for your damages, 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 simple fender-bender, that might mean paying for lost wages, physical therapy 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 genuinely make you whole, but the settlement or verdict 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 accident. It is an objective dollar amount. Examples include:
    • Medical expenses — That includes any treatment the day of the accident, surgeries, medications, physical therapy appointments and in-home nursing. You will also be paid 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 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 hire a nanny to be able to take care of your kids, you deserve to be reimbursed for that too.

    In the case of 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 defines 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 be anything anything from difficulty carrying groceries in to the emotional impact of not being able to engage in the same activities anymore.
    • Disability if you sustained life-long physical or cognitive difficulties due to the accident.
    • Disfigurement if your injuries result in permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your significant other from the affection and intimate relationships you once had.
    • Loss of society if the injuries your loved ones can no longer share the same advice 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 deter 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 increase your financial recovery, but it also makes the insurance company nervous because punitive damages are not covered under insurance policies Pursuant to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers may be awarded punitive damagers in personal injury claims for especially egregious behavior. It is clear to us that anyone who drives intoxicated is demonstrating a brazen lack of respect for your safety.

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

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Homer Glen, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including selfish drivers think they can do whatever they want and resistant insurance companies who care more about think it is acceptable to withhold the compensation you deserve. For that reason, each of our Homer Glen-based drunk driving accident lawyers in Illinois has dedicated their lives to fighting on behalf of the injured and vulnerable. You will not see us on TV commercials or billboards. When we are not investigating claims or in the courtroom defending the rights of our clients, our drunk driving accident lawyers are constantly honing our abilities to deliver the best results for our clients in Homer Glen and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's selfish behavior did. For accomplished, empathetic and relentless representation, call the Homer Glen, 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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