Securing justice after someone else's terrible decision left you to pick up the pieces

Drunk Driving Accident Lawyers Marseilles, IL

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

You can do everything possible to protect yourself and your loved ones, but careless drivers can still put you in harm's way and unfairly injure you. Whether you were on your way home for your in-laws or just running errands, all of a sudden your entire life was turned upside down through no fault of your own. The Marseilles, IL drunk driving accident lawyers at Burger Law truly care about out clients and their cases and families mean something to us. We know the medical bills are piling up, you you cannot earn a living right now and it is hard to get the same enjoyment out of life that you did before your accident. We will fight for you until there is nothing left to fight. With the commitment, knowledge and forceful legal counsel 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 for our Marseilles, IL clients. Our initial consultation and investigation is free, and you do not owe us a thing until you receive the settlement check you deserve.

If you were hurt by a selfish drunk driver, see how much your claim may be worth by using 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 Marseilles, 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 a financial recovery for all of your damages. Knowledgeable, experienced and aggressive 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 stand up to bullies.

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

That depends on the specifics of your case, and if you have never been injured in an accident before it may be difficult to gauge when to hire a personal injury lawyer. If the driver accepts blame and your injuries are minor and do not require much medical treatment, it may not be worth it to hire an attorney. However, there are often many good reasons you will want a drunk driving accident lawyer on your side:

  • 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 be sentenced in criminal court. While a knowledgeable 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 their investigative and litigation skills in order to hold the negligent driver accountable.
  • The insurance company does not want to pay for all of your damages. While you would like to think insurance companies would recognize their duty when one of their policyholders injures you in a drunk driving accident, an insurance adjusters real job is to save the company money, not fairly compensate you. Even in the event that the driver does take responsibility, the insurance company might try to convince you that your injuries were not actually caused by the accident or that they do not have to pay for lost wages because you had paid time off available. Those are all deceptions aimed at minimizing your claim, and an experienced 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 clearly at fault, other entities may bear partial responsibility, such as a friend of the driver who knowingly lent them the vehicle while drunk. Drunk driving accident lawyers will perform a thorough investigation and identify everyone whose negligence contributed to your injuries. Finding other liable parties is vital when the policy limits are not sufficient to fairly compensate you.
  • Your injuries will require medical care in the future. The more serious your injuries the higher your medical bills will be, which makes valuing your damages more challenging, and motivates the insurance company to try to minimize your injuries as much as possible. Aggressive and compassionate drunk driving accident lawyers will not only ensure you receive the entirety of your damages, 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 talk directly to a drunk driving accident lawyer familiar with Illinois laws who will be straightforward with you about whether you need an attorney to get the best results in your case.

Missouri Drunk Driving Accident Statistics

Seeing how many people choose to drink and drive can be incredibly sobering. Every day 28 people are killed in accidents caused by drunk drivers, or about one death every 52 minutes. While drunk driving accidents and fatalities have consistently been on the decline since 1982, drunk drivers are still responsible for 29 percent of all auto related deaths. While awareness campaigns and strict punishments for drunk driving have certainly helped, some careless Marseilles, IL residents still choose to jeopardize others' safety because of a misplaced self-centeredness. If you are hurt as a result, you are owed a full financial recovery and the reckless driver needs to pay for breaking the rules. The Marseilles, 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 accidents that caused fatalities 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 | Marseilles, 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 enough to considerably hinder someone's abilities behind the wheel. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to multi-task, exaggerated confidence and loss of judgment. At .05 percent - the product of about three alcohol beverages - someone suffers from decreased coordination, reduced ability to track moving objects, difficulty using the steering wheel and not being able to respond quickly to unexpected things on the road. It is crucial to follow proper road safety and find other ways of getting home if you are intoxicated. Regrettably, sometimes you can follow all the rules ourselves and still be left reeling from the devastating consequences of a reckless Marseilles, IL motorist not caring about the rules, getting behind the wheel while intoxicated and hurting you or someone you love. 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 Marseilles, 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 being made whole again.

Drunk Driving Laws in Marseilles and Illinois

Pursuant 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 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 someone else
  • The driver caused an accident in a school zone that resulted in personal injury

Other instances in which the class of felony increases are:

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How Do You Prove a Drunk Driving Accident Claim in Marseilles, 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 had a responsibility to avoid harming you.
  2. Breach of Duty That the driver 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 driver's negligence was the direct cause of the accident.
  5. Damages That the accident led to tangible loss, such as economic damages like damage to your car as well as noneconomic damages. In personal injury claims you can only recover noneconomic damages if there were associated monetary losses.

There are two aspects that set drunk driving accidents apart from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that motorists are required to to "exercise due care to avoid colliding" with pedestrians or other vehicles. Meaning the first element is a given. 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 taken care of under the condition that you can demonstrate that the driver was intoxicated. All your drunk driving accident lawyers will need to demonstrate is that the driver caused the accident and your injuries.

While it may seem like that makes a drunk driving case a slam-dunk, 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 key to have passionate and accomplished Marseilles, IL drunk driving accident lawyers to stand up to bullies and get the compensation you deserve.

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

The driver is clearly to blame for their irresponsible decision making, but drunk driving accident lawyers experienced with 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 called a dram shop law, under which you may be able sue a bar or restaurant after a drunk driving accident if you sustained damages. Illinois' dram shop laws are stipulated in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law less strict than 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 liable. You just have to prove:

  • That the vendor sold the driver alcohol, which you can show with recordings, receipts or eyewitness depositions
  • That the customer they sold 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 drunk driver was not of legal age to drink and became drunk at the party.

Each year the Illinois Comptroller places dram shop liability limits on how much compensation you can receive in a dram shop case. As of Jan. 20, 2022, those limits are $77,787.30 for each person incurring damages, or $95,073.37 if the accident caused 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, the owner may also owe you compensation. According to the practice of negligent entrustment, a person may be liable if they permit someone else to use something which is under the control of the actor if if permitting the activity creates an inherent risk. In a drunk driving accident case in Marseilles, 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 someone who earns a living as a driver, for example in a truck accident, bus accident or rideshare accident, the driver's employer may be partially to blame. Reasons they are liable could include:

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

What Compensation Can I Recover for My Marseilles, IL Drunk Driving Accident Injuries?

Civil claims in the United States are based on the principle of being made whole. The concept is that when a person or organization is at-fault 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 money you lost from work while recovering, chiropractic appointments and the pain and inconvenience involved with rehabilitating from a whiplash injury for a little while. In the most destructive cases, for example if you or a loved one loses a limb, no amount of money can genuinely compensate you, but the settlement or verdict should be high enough to encapsulate the terrible loss you have sustained.

There are three categories 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 impartial 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 braces. 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 able to work while you recovered. If your injury caused a disability that no longer allows you to perform the tasks required of your job, 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 gas to and from chiropractic appointments, or had to send your child to daycare because you could not look after them, you need to be compensated 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 mental burdens you have been put through, which can be anything anything from pain when sleeping in certain positions to having PTSD anymore.
    • Disability for any life-long physical or cognitive impairments the irresponsible driver caused.
    • Disfigurement if the accident caused lasting scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your spouse from the affection and intimate relationships you once had.
    • Loss of society if the injuries your loved ones can no longer share the same counsel and care that was once offered.
  3. Punitive damages These are not common in personal injury recoveries, and are intended 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 maximize your financial recovery, but it also puts the insurance company on their heels because there is no coverage for punitive damages 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 conduct. It is clear to us that anyone who gets behind the wheel while intoxicated is demonstrating a shameless lack of respect for your safety.

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

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Marseilles, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including irresponsible drivers do not value other people's safety and resistant insurance companies focus more on their profits than doing the right thing. That is why each of our Marseilles-based drunk driving accident lawyers in Illinois has devoted their lives to standing up for the injured and vulnerable. We are not 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 fine-tuning our abilities to secure maximum compensation for our clients in Marseilles and throughout Illinois. We know you did nothing to become injured; someone else's dangerous actions did. For skillful, compassionate and relentless representation, call the Marseilles, 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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