Getting you the compensation you deserve after a drunk driver's reckless decision left you to pick up the pieces

Drunk Driving Accident Lawyers Manlius, IL

Drunk Driving Accident Lawyers in Manlius, IL. If you or a loved one was injured because someone else did not respect your safety and got behind the wheel drunk, call the Manlius, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a complimentary case review. We serve the injured and vulnerable in Manlius 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 irresponsible drivers can still change your life in a heartbeat. Whether you were on your way home for your in-laws or lazily driving around on a Saturday, all of a sudden your entire life was capsized when you did nothing wrong. The Manlius, 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 are losing time off work 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 compassions, skill and aggressive legal advocacy 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 won over $175 million in verdicts and settlements that the vulnerable in Manlius 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 harmed by a reckless drunk driver, discover how much your injuries may be worth by utilizing 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 Manlius, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely file charges against the drunk driver who caused the accident. However, you will still need a personal injury lawyer to confront the drunk driver in civil court and get you a financial recovery for all of your damages. Skilled, experienced and relentless drunk driving accident lawyers can ensure you get the best possible financial recovery by:

At Burger Law, we know the ins-and-outs of every type of auto accident claim and know how to get great compensation.

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

Every accident is unique, and you can only truly know when to hire a personal injury lawyer by seeking the advise of one. If there is no dispute about who is at fault 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 legal representation for the best results:

  • The drunk driver will not take responsibility for their actions. Drunk drivers who cause injuries 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 good 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 get you the results you deserve.
  • The insurance company is not being fair. In a perfect world insurance companies would fulfill their obligation when one of their policyholders injures you in a drunk driving accident, that is not always the case. Even if the driver admits liability, the insurance company might try to persuade you that your injuries are the result of other trauma or they only have to pay for some of your medical care. 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 to blame, other entities may bear partial responsibility, such as a alcohol vendor that overserved the driver. Drunk driving accident lawyers will conduct a comprehensive investigation and identify anyone who bears responsibility for the accident. This is especially vital when the policy limits are not sufficient to pay for the full scope of your injuries.
  • Your injuries are severe. The more grave your injuries the higher your medical bills will be, which makes valuing your damages more complex, and motivates the insurance adjuster to try to minimize your injuries as much as possible. Aggressive and compassionate 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, our consultations and initial investigations are free. 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 the insurance company is offering a fair settlement.

Missouri Drunk Driving Accident Statistics

Seeing how many people choose to drink and drive can be quite sobering. Every day 28 people are killed in accidents caused by drunk drivers, adding up to roughly one death every 52 minutes. While drunk driving accidents and fatalities have steadily become less common since 1982, drunk drivers still account for three-tenths of total traffic fatalities as of 2018. While organizations such as Mothers Against Drunk Driving and strict punishments for drunk driving have certainly helped, some careless Manlius, IL residents still make the irresponsible decision to jeopardize others' safety while not understanding or not caring about the potential consequences of their actions. If you are injured as a result, you are owed a full financial recovery and the negligent driver needs to be held accountable for breaking the rules. The Manlius, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts reported 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.

Alcohol's Impact on Driving Abilities | Manlius, 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 impede someone's ability to drive. At .02 percent blood alcohol concentration you experience a decline in sight, inability to do two things at once, exaggerated confidence and inadequate judgment. At .05 percent - the product of about three alcohol beverages - a motorist suffers from lowered coordination, inability to track movement, difficulty maneuvering and a slower response to unexpected things on the road. It is imperative to exercise great caution and have a back up plan if you are not in the best condition to drive. Regrettably, sometimes you can do everything possible to stay safe and still be left to pick up the pieces after the devastating consequences of a thoughtless Manlius, IL motorist disregarding your safety, getting behind the wheel drunk and harming you or a family member. 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 savvy and talented Manlius, 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 go over your case and start on the path to being made whole again.

Drunk Driving Laws in Manlius and Illinois

According 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 driving under the influence becomes "aggravated driving under the influence" and a Class 4 Felony if:

  • It is a third or subsequent violation
  • An accident occurred 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 Manlius, 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 driver did not do what they should have in order to avoid hurting you.
  3. Cause in Fact That the accident led to your injuries.
  4. Proximate Cause That the accident would not have happened but for the defendant's failure to act in a way that avoided hurting you.
  5. Damages That the accident led to tangible loss, such as economic damages like damage to your car as well as mental anguish. It is important to note that in personal injury claims you cannot secure a financial recovery for noneconomic damages if you have not sustained a monetary loss.

There are two factors that make drunk driving accident cases different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 stipulates that drivers are required to to "exercise due care to avoid colliding" with pedestrians or other vehicles. Meaning a driver automatically owed you a duty of care. Secondly, the legal principle of negligence per se states that anyone who violates a state statute automatically did not act in a reasonable manner to avoid injuring you. Therefore, in drunk driving cases the first two elements are granted automatically as long as you have evidence that the driver was driving drunk. All your drunk driving accident lawyers will need to show is that the driver caused the accident and injured you.

None of that means you should take the success of your case for granted; 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 dedicated and talented Manlius, IL drunk driving accident lawyers to stand up for you and get the compensation you deserve.

Are Any Third Parties Liable for My Drunk Driving Accident Injuries in Manlius, IL?

The driver is clearly to blame for their selfish decision making, but drunk driving accident lawyers familiar with Illinois law will be able to conduct a full investigation and determine if anyone else is at fault:

A Licensed Alcohol Vendor or Social Host

Many states have what is known as a dram shop law, under which you may be able sue a licensed alcohol vendor after a drunk driving accident if you sustained injuries. 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 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 a vendor-patron relationship existed, which you can show through surveillance video, receipts or eyewitness or employee testimony
  • That the customer they supplied alcohol to caused 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 holds a private party — if the drunk driver was not old enough to drink legally and became inebriated at the private residence.

Every year the Illinois Comptroller stipulates dram shop liability limits on the maximum amount of money someone can be required to pay in a dram shop claim. 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 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, the owner may be responsible for some of your damages. In a negligent entrustment claim, a person may be liable if they permit someone else 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 case in Manlius, 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 had had to much too drink.

The Driver's Employer

If your accident was caused by someone who works as a 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. Reasons they are liable could include:

Experienced Manlius, IL drunk driving accident lawyers like those at Burger Law have experience with all of these types of claims and know how to get results in them. When you hire us, we start investigating your accident right away to find as many liable parties as possible.

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

The civil court system in the United States is based on the theory of making one whole. The idea behind the doctrine is that when someone 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, being made whole means recovering compensation money you lost from work while recovering, physical therapy appointments and the pain and inconvenience that is a result of rehabilitating from a neck injury for a relatively short period of time. In the worst cases, for example if you lose a loved one, no financial recovery can genuinely compensate you, but the financial recovery 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 figure. Examples include:
    • Medical expenses — That includes any treatment the day of the injury, operations, prescription or over-the-counter meds, physical rehabilitation appointments and assistive devices such as wheelchairs. You will also be reimbursed 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 able to work while you recovered. If your injury caused 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 hire a nanny to be able to take care of your kids, you deserve to be compensated for that too.

    In the case of future medical costs or lost earning capacity, drunk driving accident lawyers will ensure the compensation 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 trials you have been put through, which can include anything from difficulty turning your head to the emotional impact of not being able to exercise the same way anymore.
    • Disability if you sustained permanent physical or cognitive challenges after the accident.
    • Disfigurement if your injuries caused permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your partner from the companionship 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 camaraderie they once did.
  3. Punitive damages These are not common in personal injury claims, and are meant to punish the defendant and discourage 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 compensation, but it also helps secure a fair settlement from the insurance company because punitive damages are not covered under insurance policies 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 dangerous conduct. At Burger Law, we have learned that anyone who gets behind the wheel while intoxicated how much of a potential threat they are to other people on the roads.

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

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Manlius, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including reckless drivers do not respect other people's safety and resistant insurance companies whose prioritize more money than morals. That is why each of our Manlius-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 and litigating cases, our drunk driving accident lawyers are regularly fine-tuning our abilities to deliver maximum compensation for our clients in Manlius and throughout Illinois. We know you did nothing to become injured; someone else's terrible behavior did. For the highest standard of legal advocacy, call the Manlius, 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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