Getting you the compensation you deserve after a drunk driver's selfish decision left you injured

Drunk Driving Accident Lawyers Libertyville, IL

Drunk Driving Accident Lawyers in Libertyville, IL. If an irresponsible drunk driver injured you or a family member, call the Libertyville, 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 Libertyville and throughout Illinois by securing them the maximum compensation they are owed.

You can follow all the rules of the road, but irresponsible drivers can still cause unimaginable destruction. Whether you were on your way to a sports game or lazily driving around on a Saturday, all of a sudden your entire life was completely disrupted through no fault of your own. The Libertyville, IL drunk driving accident lawyers at Burger Law have pledged their careers to helping people in similar circumstances get peace of mind and full financial recoveries when they may be feeling like there was no light at the end of the tunnel. 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. We will fight for you until there is nothing left to fight. With the commitment, expertise and tenacious 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 gotten over $175 million in verdicts and settlements that the vulnerable in Libertyville and throughout Illinois and Missouri were owed. Our case reviews are no-risk, no-obligation, and we do not charge any fees until the final verdict or settlement has been reached.

If you were injured by a careless drunk driver, discover how much your damages 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

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

The criminal justice system will likely do everything they can to convict a drunk driver criminally. However, only a personal injury lawyer can get you the monetary reimbursement you are owed. Skilled, accomplished and persistent drunk driving accident lawyers can ensure you get justice by:

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

Do I Need Libertyville, IL Drunk Driving Accident Lawyers for My Claim?

That depends on the particulars of your case, and if you have never had to hire an attorney before it may be difficult to determine when to hire a personal injury lawyer. If the driver is taking responsibility for his actions 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 drunk driver will not take responsibility for their actions. Drunk drivers who injure people are likely looking at criminal charges as well, and may be motivated not to cooperate in order to not face fines, a suspended license and possibly jail time. 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 on state charges. Experienced drunk driving accident lawyers will know how to utilize the law in order to hold the negligent driver accountable.
  • The insurance company refuses to offer a full settlement. Ideally insurance companies would recognize their obligation when one of their policyholders drives drunk and injures you, an insurance adjusters real job is to save the company money, not fairly compensate you. Even if the driver does take responsibility, the insurance company might try to persuade you that your injuries are the result of other trauma or you waited too long to seek medical treatment. None of that is true, and a knowledgeable drunk driving accident lawyer will not let them get away with them.
  • There are other parties you can make a claim against. While a drunk driver is obviously liable, other entities may be at fault, such as the driver's employer. Drunk driving accident lawyers will perform a thorough investigation and identify everyone whose negligence contributed to your injuries. 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 require medical care in the future. The more significant your injuries the more medical treatment you will need, which makes valuing your damages more difficult, and makes it more likely the insurance company will try to claim they do not have to pay for all of your medical expenses. Tenacious and compassionate drunk driving accident lawyers will not only be able to calculate and demand full compensation, but we will help you receive all of the appropriate medical care.

At Burger Law, our consultations and initial investigations are free. Call us now at (314) 500-HURT to speak for a candid conversation with a drunk driving accident lawyer familiar with Illinois laws who will be direct with you about whether we can add to your claim.

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

Seeing how many people choose to drink and drive can be pretty sobering. Every day 28 people are killed in accidents caused by drunk drivers, adding up to roughly one fatality in just under an hour. While drunk driving accidents and fatalities have steadily been on the decline since 1982, drunk drivers still account for three-tenths of total traffic fatalities as of 2018. While safe driving campaigns and strict punishments for drunk driving have definitely helped, some careless Libertyville, IL individuals still choose to jeopardize others' safety because of a misplaced self-centeredness. If you are harmed as a result, you deserve to be justly reimbursed with a full recovery and the negligent driver needs to be held responsible for breaking the rules. The Libertyville, 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 found that almost one-fifth of the 1,088 fatal crashes in the state involved alcohol. Of 448 deceased drivers who were tested for alcohol, 37.1 percent tested positive.

Alcohol's Impact on Driving Abilities | Libertyville, 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 considerably impede someone's abilities behind the wheel. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to do two things at once, exaggerated confidence and poor judgment. At .05 percent - the product of about three drinks - a motorist suffers from reduced coordination, inability to track moving objects, challenges using the steering wheel and not being able to respond in enough time to emergency situations. It is key to exercise great caution and find other means of transport if you are not in the best condition to drive. Unfortunately, sometimes you can commit to protecting others on the road and still be left reeling from the terrible consequences of a reckless Libertyville, IL motorist not caring about the rules, driving while intoxicated and hurting you or someone you love. Just knowing that the person who hurt you will face harsh consequences in a criminal case is not enough. You need the savvy and tenacious Libertyville, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to find out the best way to proceed and begin on the road to recovery.

Drunk Driving Laws in Libertyville 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 drunk driving 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 personal injury

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.

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

Typically, 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 defendant needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the defendant failed or was negligent in that duty.
  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 failure to use reasonable care.
  5. Damages That the accident led to tangible loss, such as monetary damages like damage to your car as well as mental anguish. It is important to note that in personal injury claims you cannot make a claim for 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 stipulates that motorists are required to to "exercise due care to avoid colliding" with anyone else on the road. 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 theory of negligence per se means that anyone who violates a state statute 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 the first two elements. All your drunk driving accident lawyers will need to prove is that the driver caused the accident and that that is how you sustained your injuries.

Negligence per se does not mean you will automatically get the compensation you are owed; 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 imperative to have dedicated and talented Libertyville, IL drunk driving accident lawyers to stand up for you and get the financial recovery you are owed.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Libertyville, IL?

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

A Licensed Alcohol Vendor or Social Host

Dram shop laws permit you to sue a bar or restaurant after a drunk driving accident if the accident caused you 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 your drunk driving accident lawyers do not have to prove the vendor did anything wrong, such as sell alcohol to someone underage. You just have to prove:

  • That the bar or restaurant sold the driver alcohol, which you can show through recordings, receipts or eyewitness or employee depositions
  • That the patron they supplied alcohol to was responsible for the drunk driving accident
  • 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 party.

Every year the Illinois Comptroller sets 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 making a claim for the accident, or $95,073.37 if the accident led to 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 a third person to use a thing which is under the control of the actor if it would not be safe to do so. In a drunk driving accident claim in Libertyville, 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 was in no condition to operate a vehicle.

The Driver's Employer

If your accident was caused by someone who earns a living 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 hired 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 Libertyville, IL drunk driving accident lawyer so they can conduct a comprehensive investigation into your claim. 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 Damages Are Available for My Libertyville, IL Drunk Driving Accident Injuries?

Personal injury claims in the United States are based on the theory of being made whole. The concept is that when a person or organization 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 a low-speed crash in a parking lot, 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 few months. In the most destructive cases, for example if you or a loved one has permanent disability, no amount of money can truly make you whole, 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 refers to the total sum of the money you either lost out on or had to spend because of your injuries. It is an unbiased dollar amount. Examples include:
    • Medical expenses — That includes any emergency room visits, operations, prescription or over-the-counter meds, chiropractic appointments and assistive devices such as wheelchairs. 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 — You will be reimbursed for full amount of the wages 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 work, 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 deserve to be reimbursed for that too.

    If we have to take into consideration future medical bills or lost earning capacity, drunk driving accident lawyers will ensure the settlement or verdict amount 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 mental tribulations you have been put through, which can include anything from difficulty going up and down the stairs to having PTSD anymore.
    • Disability for any permanent physical or cognitive impairments the accident caused.
    • Disfigurement if your injuries caused 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 had.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same guidance and care that was once offered.
  3. Punitive damages These are typically not included in personal injury claims, and are meant to punish the defendant 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 maximize your compensation, but it also makes the insurance company nervous 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 reckless behavior. It is clear to us that anyone who sits in the drivers seat while intoxicated is demonstrating a flagrant disregard your safety.

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

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Libertyville, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including irresponsible drivers who do not want to take responsibility for their actions and resistant insurance companies whose prioritize more think it is acceptable to withhold the financial recovery you deserve. For that reason, each of our Libertyville-based drunk driving accident lawyers in Illinois has dedicated their education and abilities to defending the rights of the injured and vulnerable. We are not on TV commercials 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 Libertyville and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's dangerous behavior did. For the highest standard of legal advocacy, call the Libertyville, 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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