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

Drunk Driving Accident Lawyers Lindenhurst, IL

Drunk Driving Accident Lawyers in Lindenhurst, 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 Lindenhurst, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a complimentary case evaluation. We serve the injured and vulnerable in Lindenhurst and throughout Illinois by securing them the maximum compensation they are owed.

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but thoughtless drivers can still change your life without warning. Whether you were on your way home for your in-laws or lazily driving around on a Sunday, your life was unexpectedly turned upside down through no fault of your own. The Lindenhurst, IL drunk driving accident lawyers at Burger Law have dedicated their careers to helping individuals and families like you get justice and full financial recoveries when they may be feeling they have nowhere to turn. We know the medical bills are piling up, you are losing time off work and everything seems different than it was before your accident. This burden is not yours to bear alone. With the commitment, knowledge and aggressive legal representation of our drunk driving accident lawyers, this too shall pass.

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

If you were hurt 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 Lindenhurst, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement 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 the monetary reimbursement you are owed. Talented, seasoned and relentless drunk driving accident lawyers can ensure you get maximum compensation by:

At Burger Law, we know auto accident claims and how to stand up to bullies.

Do I Need Lindenhurst, 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 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 will be able to significantly add value to your claim:

  • There is a dispute about liability. Drunk drivers who injure people will go in front of a judge in criminal court, and may avoid communicating with you and the insurance company 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 hold the negligent driver accountable.
  • The insurance company refuses to offer a full settlement. While you would like to think insurance companies would realize their commitment when one of their policyholders decides to make a selfish decision that ends up injuring you, an insurance adjusters real job is to save the company money, not fairly compensate you. Even if the driver is willing to be held accountable, the insurance company might try to persuade you that your injuries are the result of other trauma or that a lawyer will only take money from you. Those are all lies, and a talented 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 at fault, other entities may be at fault, such as a friend of the driver who knowingly lent them the vehicle while drunk. Drunk driving accident lawyers will thoroughly investigate your claim and identify all liable parties. This is especially beneficial when the policy limits are not sufficient to appropriately compensate you.
  • Your injuries require ongoing care. The more grave your injuries the more medical treatment you will need, which makes valuing 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. Skilled and dedicated drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, but we will help you receive all of the appropriate medical care.

At Burger Law, we answer all of your questions for free. Call us now at (314) 500-HURT to talk directly to a drunk driving accident lawyer experienced 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 incredibly sobering. Every day there are about 28 fatal drunk driving accidents, which is approximately one fatality in just under an hour. While drunk driving accidents and deaths have consistently declined in the last 40 years, 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 helped, some careless Lindenhurst, IL individuals still choose to put others at risk while not understanding or not caring about the potential consequences of their actions. When that happens and you or a loved one are injured, you are owed a full financial recovery and the reckless driver needs to be held accountable for breaking the rules. The Lindenhurst, 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 states that almost 20 percent of the 1,088 fatal crashes in the state involved alcohol. Alcohol was found in the symptoms of almost 40 percent of 448 deceased drivers who were tested.

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

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of even .02 percent is enough to substantially hinder someone's ability to drive. At .02 percent blood alcohol concentration the body undergoes a decline in sight, inability to multi-task, exaggerated confidence and loss of judgment. At .05 percent - the product of roughly three drinks - a person suffers from decreased coordination, inability to follow movement, challenges steering and a slower response to unexpected things on the road. It is key to do you part in protecting other drivers, passengers and pedestrians and always have someone else drive if you are not in the best condition to drive. Unfortunately, sometimes you can follow all the rules ourselves and still experience the terrible consequences of a dangerous Lindenhurst, IL motorist not caring about the rules, driving while intoxicated and harming you or a loved one. Just knowing that the person who hurt you will face harsh consequences in a criminal case does not make you whole again. Trust in the experienced and proficient Lindenhurst, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to discuss your options and start on the path to healing.

Drunk Driving Laws in Lindenhurst 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 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 lead to great bodily harm, permanent disability or disfigurement to another
  • The driver caused an accident in a school zone that resulted in 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.

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

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

  1. Duty of Care That the defendant was required to act in a certain, safe way.
  2. Breach of Duty That the defendant did not act in a way that kept you safe.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the defendant's negligence is the reason for the accident.
  5. Damages That the accident led to tangible loss, such as monetary damages like damage to your car as well as emotional distress. In personal injury claims you can only recover noneconomic damages if there were also monetary losses.

There are two factors that make drunk driving accident lawsuits different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 stipulates that drivers are legally compelled to "exercise due care to avoid colliding" with other cars, pedestrians and bicyclists. Meaning a driver automatically owed you a duty of care. Secondly, the legal theory of negligence per se means that anyone who violates a state statute automatically did not act in a reasonable manner to avoid injuring you. 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.

Negligence per se does not mean you will automatically be awarded the money you are owed; 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 imperative to have committed and experienced Lindenhurst, IL drunk driving accident lawyers by your side to get the financial recovery you deserve.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Lindenhurst, 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

Many states have what is known as a dram shop rule, under which you may be able sue a bar or restaurant 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 easier to apply 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 a visibly intoxicated person. You just have to show:

  • That the bar or restaurant sold the driver alcohol, which you can demonstrate through surveillance video, receipts or eyewitness depositions
  • That the patron they supplied alcohol to was responsible for the drunk driving accident
  • That the vendor is responsible for the patron being drunk

You can only sue a social host — meaning someone who furnishes liquor to a guest in a private residence — if the driver liable for your injuries was under the age of 21 and became drunk at the private residence.

Annually, the Illinois Comptroller places 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 incurring damages, or $95,073.37 if the accident led to 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 file a suit against the owner. In a negligent entrustment claim, someone may owe you damages if they permit someone else to use something 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 Lindenhurst, 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 you were injured by a commercial 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. Reasons they are liable could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Lindenhurst, 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 accountable, but will also increase your compensation and secure you the full financial recovery you are owed.

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

Tort claims in the United States are based on the principle of being made whole. The idea behind the doctrine is that when someone injures you, 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 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 involved with rehabilitating from a lower back injury for a few months. In the worst cases, for example if you or a loved one has permanent disability, 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.

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 figure. Examples include:
    • Medical expenses — That includes any urgent care, surgeries, prescription or over-the-counter meds, physical rehabilitation appointments and in-home care. 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 — You will be reimbursed for full amount of the wages 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 salary you would have made in the future, but for the injuries.
    • Out-of-pocket expenses — If you had to pay for transportation to and from chiropractic appointments, or had to invest in childcare while you were recovering, you deserve to be reimbursed for that too.

    In the case of future medical bills or lost earning potential, 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 emotional tribulations you have been put through, which can be anything anything from difficulty bending over to tie your shoes to the emotional impact of not being able to pick up your kids anymore.
    • Disability if you have permanent physical or cognitive challenges after the accident.
    • Disfigurement if the accident caused lasting scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries prevent you and your significant other from the companionship and intimate relationships you once shared.
    • Loss of society if the injuries your loved ones can no longer share the same guidance and care that was once offered.
  3. Punitive damages These are typically not included in personal injury recoveries, and are intended to punish the defendant and deter others from making the same mistakes. When we sue drunk drivers, we always seek punitive damages. Not only does that help win you the money you are owed, but it also makes the insurance company nervous as their policyholders do not pay for punitive damages in their policies Under 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can seek punitive damagers in personal injury claims for especially reckless behavior. It is clear to us that anyone who drives intoxicated is demonstrating a shameless lack of respect for your safety.

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

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Lindenhurst, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including irresponsible drivers do not respect other people's safety and resistant insurance companies focus more on their profits than doing the right thing. For that reason, each of our Lindenhurst-based drunk driving accident lawyers in Illinois has dedicated their careers to fighting on behalf of the injured and vulnerable. We have no interest in TV or billboards. When we are not working relentlessly on one of our client's claims, our drunk driving accident lawyers are consistently sharpening our negotiation and trial skills to get maximum compensation for our clients in Lindenhurst and throughout Illinois. We know you did nothing to become injured; someone else's selfish actions did. For the highest standard of legal advocacy, call the Lindenhurst, 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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