Drunk Driving Accident Lawyers Madison County, IL

Making you whole again after a drunk driver’s selfish decision left you to pick up the pieces

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

You can do everything right to protect yourself and your loved ones, but reckless drivers can still cause incredible devastation. Whether you were on your way home for your in-laws or just running errands, your life was immediately capsized when you did nothing wrong. The Madison County, IL drunk driving accident lawyers at Burger Law to getting the best possible outcomes for our clients and seeing them made whole again. We know the medical bills are piling up, you may not be able to work because of your injuries and your life is not the same as it before your accident. We will fight for you until there is nothing left to fight. With the commitment, knowledge and unshakable legal advocacy of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of defending the rights of the injured, we have won over $175 million in verdicts and settlements that the vulnerable in Madison County and throughout Illinois and Missouri were owed. Talking to us is free, and we do not charge any fees until we win your case.

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

What Can Madison County, 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. Still, a personal injury lawyer is still necessary to get you a financial recovery for all of your damages. Skilled, veteran and aggressive drunk driving accident lawyers can ensure you get justice by:

• Investigating your claim fully, including acquiring police reports, eyewitness testimony and medical records
• Connecting you with trusted doctors so you can heal completely
• Consulting with economic and medical experts to know exactly how much your claim is worth
• Fighting back against the tactics insurance companies use to avoid compensating you
• Proving negligence on the part of the inebriated driver
• Negotiating for maximum compensation with the insurance company
• Filing a lawsuit when the insurance company will not offer a fair settlement
• Taking your case in front of a judge and jury if the insurance adjuster will not be fair in mediation
• Fighting on your behalf until you are made whole again

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

Do I Need Madison County, 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 decide when to hire a personal injury lawyer. If there is no dispute about who is at fault and your injuries are minor and do not require much medical treatment, you may very well be able to get a fair settlement offer from the insurance company. However, many other circumstances require an attorney for the best results:

• The other driver will not admit fault. Drunk drivers who cause injuries will go in front of a judge in criminal court, and may not want to admit liability in order to not face fines, a suspended license and possibly jail time. While while not every drunk driver is found guilty, 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 obtain key evidence in order to prove that the defendant were drunk and injured you.
• The insurance company is not being fair. In a perfect world insurance companies would realize their commitment when one of their policyholders decides to make a irresponsible 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.
• The drunk driver is not the only one responsible. While a drunk driver is obviously at fault, other parties may bear partial responsibility, such as a bar that overserved the driver. Drunk driving accident lawyers will thoroughly investigate your claim and identify anyone who bears responsibility for the accident. Finding other liable parties is crucial when your damages exceed the driver’s insurance policy limits.
• Your injuries require ongoing care. The more grave your injuries the higher your medical bills will be, which makes valuing 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 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, there is no risk or obligation when talking to us. Reach out to 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 it is worth it or not for you to hire an attorney for your claim.

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

Understanding just how bad the problem of drinking and driving can be incredibly sobering. Every day 28 people are killed in accidents caused by drunk drivers, which is approximately one fatality every 52 minutes. While drunk driving accidents and fatalities have consistently declined in the last four decades, drunk drivers are still responsible for almost a third of all auto related deaths. While awareness campaigns and harsh punishments for drunk driving have certainly helped, some selfish Madison County, IL residents still choose to put others at risk just so they enjoy themselves and avoid paying for a taxi. If you are injured as a result, you are owed a full financial recovery and the negligent driver needs to pay for what they did. The Madison County, IL drunk driving accident lawyers at Burger Law will use or skills and dedication to see wrongs made right.

The Illinois 2020 Crash Facts reported that almost one-fifth of the 1,088 accidents that caused fatalities in the state involved a drunk driver. Of 448 deceased drivers who were tested for alcohol, 37.1 percent tested positive.

Alcohol’s Impact on Driving Abilities | Madison County, IL Drunk Driving Accident Lawyers

While it is only illegal to drink and drive if your blood alcohol concentration is over .008 percent, a level of just .02 percent is enough to greatly reduce someone’s driving skills. At .02 percent blood alcohol concentration the body undergoes a decline in sight, inability to do two things at once, exaggerated confidence and loss of judgment. At .05 percent – reached after about three alcohol beverages – a driver experiences lowered coordination, reduced ability to follow moving objects, difficulty using the steering wheel and not being able to respond in enough time to unexpected things on the road. It is imperative to do you part in protecting other drivers, passengers and pedestrians and let someone else take the wheel if you have been drinking. Unfortunately, sometimes you can do everything possible to stay safe and still experience the catastrophic consequences of a dangerous Madison County, IL driver not caring about the rules, driving while intoxicated and injuring you or someone you love. Just knowing the harsh penalties that come with a DWI conviction does not make you whole again. Trust in the accomplished and talented Madison County, 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 road to healing.

Drunk Driving Laws in Madison County 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:

• The driver had more than two previous DUI offenses
• The driver caused a motor vehicle accident that lead to great bodily harm, permanent disability or disfigurement to someone else
• The driver caused an accident in a school zone that resulted in personal injury

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.

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

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

1. Duty of Care — That the defendant needed to use reasonable care to avoid injuring you.
2. Breach of Duty — That the defendant did not do what they should have in order to avoid hurting you.
3. Cause in Fact — That your injuries are a direct result of the accident.
4. Proximate Cause — That the driver’s failure to use reasonable care was the direct cause of the accident.
5. Damages — That the accident led to tangible loss, such as monetary damages like medical bills 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 aspects that make drunk driving accident claims different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that motorists are required to to “exercise due care to avoid colliding” with pedestrians or other vehicles. 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 means that anyone who violates a state statute is negligent as a matter of law. Therefore, in drunk driving cases the first two elements are taken care of under the condition that you have evidence that the driver was intoxicated. 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.

Negligence per se does not mean you will automatically receive the money you deserve; drunk drivers often do not want to be held accountable and their insurance companies do what they can to help their profits. That is why it is crucial to have dedicated and talented Madison County, IL drunk driving accident lawyers to fight on your behalf and get the best results in your claim.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Madison County, 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 Bar, Restaurant or Social Host

Many states have what is referred to as a dram shop rule, under which you may be able sue a bar or restaurant after a drunk driving accident if you were hurt. 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 a visibly intoxicated person. You just have to demonstrate:

• That the bar or restaurant sold the driver alcohol, which you can demonstrate with surveillance video, receipts or eyewitness or employee depositions
• That the customer they sold to caused the drunk driving accident
• 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 person who caused your accident was not of legal age to drink and became intoxicated at the private residence.

Every year the Illinois Comptroller stipulates dram shop liability limits on how much a vendor 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 because of 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. According to the doctrine of negligent entrustment, it is negligent to 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 Madison County, 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 too drunk to drive.

The Driver’s Employer

If you were injured by someone who earns a living as a driver, such as in a truck accident, bus accident or rideshare accident, the driver’s employer may have some liability. Reasons they are liable could include:

• Failure to conduct an adequate background check
• Ignoring troubling aspects in the background check
• Ignoring previous accusations of intoxication
• Not adhering to the Federal Motor Carrier Safety Administration’s drug testing guidelines

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Madison County, IL drunk driving accident lawyer so they can conduct a comprehensive investigation into your claim. Doing so will not only make sure every liable 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 Madison County, IL Drunk Driving Accident Injuries?

Civil claims in the United States are based on the principle of being made whole. “Being made whole” means that when another party is responsible for your injuries, 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, chiropractic appointments and the physical strain that comes with rehabilitating from a lower back injury for a little while. In the worst cases, for example if you or a loved one loses a limb, no amount of money can be expected to compensate you, but the financial recovery should be high enough to encapsulate the terrible loss you have sustained.

1. Economic damages — This the totaling of all the bills and lost income related to your accident. It is a firm dollar figure. Examples include:
   • Medical expenses — That includes any emergency room visits, surgeries, prescription or over-the-counter meds, chiropractic appointments and assistive devices such as vehicle improvements. You will also be paid for any medical bills that we expect to arise in the future.
   • Lost wages and lost earning capacity — You will receive the full amount of the wages you lost from not being physically able to work. If your injury caused a disability that no longer permits 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 Uber 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 potential, 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 include anything from difficulty bending over to tie your shoes to having PTSD anymore.
   • Disability if you sustained permanent physical or cognitive difficulties after the accident.
   • Disfigurement if your injuries result in permanent scarring or loss of limb.
   • Loss of consortium if you or a loved one’s injuries prevent you and your partner from the love and intimate relationships you are used to.
   • Loss of society if the injuries prevent you from giving or your loved ones from receiving 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 deter others from making the same mistakes. When we file a lawsuit against drunk drivers, we always seek punitive damages. Not only does that increase your financial recovery, but it also motivates the insurance company to be fair 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 reckless conduct. At Burger Law, our experience tells us that anyone who gets behind the wheel while drunk how much of a potential threat they are to other people on the roads.

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

Call Burger Law Now

Madison County, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers who do not want to take responsibility for their actions and resistant insurance companies who care more about their profits than doing the right thing. For that reason, each of our Madison County-based drunk driving accident lawyers in Illinois has pledged their careers to defending the rights 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 regularly honing our abilities to get maximum compensation for our clients in Madison County and throughout Illinois. We know you did nothing to become injured; someone else’s irresponsible actions did. For the highest standard of legal advocacy, call the Madison County, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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