Getting you the compensation you deserve after someone else's terrible decision left you injured

Drunk Driving Accident Lawyers McLean County, IL

Drunk Driving Accident Lawyers in McLean County, IL. If a selfish drunk driver harmed you or someone you love, call the McLean County, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a complimentary consultation. We serve the injured and vulnerable in McLean County 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 drunk drivers can still cause unimaginable devastation. Whether you were coming back to town after a long weekend or just running errands, all of a sudden your entire life was turned upside down when you did nothing wrong. The McLean 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 accumulating, you may not be able to work because of your injuries and it is hard to get the same enjoyment out of life that you did just a short while ago. This burden is not yours to bear alone. With the dedication, skill and aggressive legal counsel of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of litigating and trying cases, we have won more than $175 million in verdicts and settlements for our McLean County, IL clients. Our case reviews are no-risk, no-obligation, and you do not owe us a thing until we win your case.

If you were hurt by a selfish drunk driver, find out 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

View Location

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

A prosecutor will likely do everything they can to convict a drunk driver criminally. However, 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. Skilled, experienced and tenacious drunk driving accident lawyers can ensure you get maximum compensation by:

At Burger Law, we have over 30 years of experience handling all types of auto accident claims and getting full compensation for our clients.

Do I Need McLean County, 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 claim. 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, 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 cause accidents will go in front of a judge in criminal court, and may not want to admit guilt 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 get you the results you deserve.
  • The insurance company does not want to pay for all of your damages. In a perfect world insurance companies would recognize their commitment when one of their policyholders decides to make a irresponsible decision that winds up injuring you, an insurance adjusters real job is to save the company money, not fairly compensate you. Even if the driver admits liability, the insurance company might try to persuade you that your injuries were not actually caused by the accident or they only have to pay for some of your medical care. Those are all deceptions aimed at minimizing your claim, and an experienced 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 entities may bear partial responsibility, such as a bar that overserved the driver. Drunk driving accident lawyers will conduct a thorough investigation and identify all liable parties. This is especially vital when the policy limits are not sufficient to properly compensate you.
  • Your injuries will require medical care in the future. The more severe your injuries the higher your medical bills will be, which makes calculating the full value of your damages more complex, and will cause the insurance company to fight back against giving you a fair settlement. Tenacious and knowledgeable drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, but we can connect you to trusted physicians to make sure you get the medical treatment you need.

At Burger Law, we answer all of your questions for free. Contact us now at (314) 500-HURT to speak directly to a drunk driving accident lawyer familiar with Illinois laws who will be honest with you about whether you need an attorney to get the best results in your case.

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 pretty 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 steadily declined since 1982, drunk drivers still account for 29 percent of total traffic deaths as of 2018. While awareness campaigns and stiff punishments for drunk driving have certainly done wonders for reducing crashes, injuries and deaths, some selfish McLean County, IL residents still choose to put others at risk because of a misplaced self-centeredness. If you are harmed as a result, you are owed a full financial recovery and the careless driver needs to be held accountable for breaking the rules. The McLean 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 states that almost 20 percent of the 1,088 accidents that caused fatalities 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 | McLean County, 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 sufficient to significantly reduce someone's ability to drive. 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 drinks - a motorist experiences decreased coordination, inability to track moving objects, difficulty using the steering wheel and not being able to respond quickly to emergency situations. It is key to follow proper road safety and have a back up plan if you are intoxicated. Unfortunately, sometimes you can commit to protecting others on the road and still be left reeling from the catastrophic consequences of a thoughtless McLean County, IL motorist not caring about the rules, getting behind the wheel while intoxicated and injuring you or someone you care about. Just knowing that the person who hurt you will face harsh repercussions in a criminal case cannot truly compensate you and your family for all of the ways they have impacted your life. You need the accomplished and tenacious McLean 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 begin on the road to feeling that true justice was achieved.

Drunk Driving Laws in McLean 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 drunk driving 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 another
  • The driver caused an accident in a school zone that resulted in bodily harm

Other instances in which it is a more serious crime are:

View More FAQs

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

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

  1. Duty of Care That the defendant had a responsibility to avoid harming you.
  2. Breach of Duty That the driver did not do what they should have in order to avoid injuring you.
  3. Cause in Fact That your injuries are a direct result of the accident.
  4. Proximate Cause That the accident would not have happened but for the driver's negligence.
  5. Damages That the accident led to tangible loss, such as economic damages like lost wages as well as mental anguish. In personal injury claims you can only recover noneconomic damages if there were also 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 drivers have an obligation to "exercise due care to avoid colliding" with anyone else on the road. Meaning a driver automatically owed you a duty of care. Secondly, the legal philosophy of negligence per se stipulates that anyone who breaks the law 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 show at that point is that the accident caused your injuries and that you incurred losses as a result.

None of that means you should take the success of your case for granted; the insurance company will still be motivated to pay you as little as possible. That is why it is imperative to have aggressive and accomplished McLean County, IL drunk driving accident lawyers to stand up to bullies and fight until you get the compensation you are owed.

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

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

A Bar, Restaurant or Social Host

Many states have what is called a dram shop rule, under which you may be able sue a bar or restaurant 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 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 demonstrate:

  • That a vendor-patron relationship existed, which you can show through recordings, receipts or eyewitness depositions
  • That the customer they supplied alcohol to caused your injuries
  • That the the patron got drunk 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 drunk driver was not of legal age to drink and became intoxicated at the private residence.

Every year 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 making a claim for the accident, or $95,073.37 if the accident resulted in loss of support or loss of society a family member's wrongful death.

The Owner of the Vehicle

If the driver of the vehicle was not the owner of the vehicle, the owner may also owe you compensation. In a negligent entrustment case, 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 suit in McLean 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 in no condition to operate a vehicle.

The Driver's Employer

If you were injured by someone who works as a driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may be partially to blame. Negligence that could result in liability could include:

Experienced McLean County, IL drunk driving accident lawyers like those at Burger Law have experience with all of these types of cases and know how to hold the appropriate parties liable. When you hire us, we start investigating your accident right away to determine everyone who is responsible for your injuries.

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

The civil court system in the United States is 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 rear-end accident, that might mean paying money you lost from work while recovering, follow-up doctors' appointments and the pain that is a result of rehabilitating from a lower back injury for a little while. In the most tragic cases, for example if you lose a loved one, no amount of money can genuinely compensate you, but the financial recovery should be great enough to provide a least some sense of justice.

Damages in a personal injury claim are broken down into three distinct groups:

  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 a non-arguable dollar figure. Examples include:
    • Medical expenses — That includes any treatment the day of the injury, surgeries, prescription or over-the-counter meds, physical rehabilitation appointments and in-home care. You will also be reimbursed for any medical bills that will 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 resulted in a long-term or permanent injury that no longer allows you to perform the tasks required of your job, 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 Uber to and from chiropractic appointments, or had to hire a nanny to be able to take care of your kids, you deserve a financial recovery for that too.

    If your injuries result in 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 refers to noneconomic damages as "intangible" damages, "including but not limited to":
    • Pain and suffering refers to the physical and mental trials you have been put through, which can be anything anything from pain when bending over to tie your shoes to having PTSD anymore.
    • Disability for any permanent physical or cognitive challenges the selfish driver caused.
    • Disfigurement if your injuries caused lasting scarring.
    • Loss of consortium if you or a loved one's injuries prevent you and your spouse from the affection and intimate relationships you grew accustomed to.
    • Loss of society if the injuries prevent you from giving or your loved ones from receiving the same counsel and care they once did.
  3. Punitive damages These are rarely awarded in personal injury recoveries, and are intended 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 help get you the money you are owed, but it also helps secure a fair settlement from the insurance company because there is no coverage for punitive damages Pursuant to 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 conduct. At Burger Law, we have learned that anyone who drives drunk knows exactly how reckless they are being.

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

Call Burger Law Now

McLean County, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers think they can do whatever they want and resistant insurance companies who care more about their profits than doing the right thing. For that reason, each of our McLean County-based drunk driving accident lawyers in Illinois has dedicated their lives to defending the rights of the injured and vulnerable. We have no interest in 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 consistently honing our lawyer skills to get great recoveries for our clients in McLean County and throughout Illinois. We know your actions did not cause this trying time; someone else's selfish decisions did. For the highest standard of legal advocacy, call the McLean County, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

Request a Free Consultation


“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

Hurt? Hire Us Today or call (314) 500-HURT

Other Locations

Schema