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

Drunk Driving Accident Lawyers McNabb, IL

Drunk Driving Accident Lawyers in McNabb, 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 McNabb, 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 McNabb and throughout Illinois by standing up to bullies and getting them the financial recovery they deserve.

You can do everything possible to protect yourself and your loved ones, but careless drivers can still change your life in an instant. Whether you were on your way home for your in-laws or just running errands, all of a sudden your entire life was completely disrupted when you did nothing wrong. The McNabb, 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 keep coming in, you are losing time off work and it is hard to get the same enjoyment out of life that you did before your accident. You do not have to go through this alone. With the commitment, skill and forceful legal counsel of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of defending the rights of the injured, we have gotten more than $175 million in verdicts and settlements for our McNabb, IL clients. Talking to us is free, and we do not charge any fees until the final verdict or settlement has been reached.

If you were injured by a reckless drunk driver, see how much your claim 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 McNabb, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely do everything they can to convict a drunk driver criminally. But, only a personal injury lawyer can get you a financial recovery for all of your damages. Talented, experienced and relentless drunk driving accident lawyers can ensure you get justice by:

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

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

That depends on the particulars of your case, and if you have never been injured in an accident before it may be difficult to determine 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, there are many situations in which a drunk driving accident lawyer is the only way to get fair compensation:

  • There is a dispute about liability. Drunk drivers who cause injuries will probably be prosecuted, 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 criminal court. Experienced drunk driving accident lawyers will know how to utilize the law in order to prove that the defendant were drunk and injured you.
  • The insurance company is not being fair. While you would like to think insurance companies would recognize their responsibility when one of their policyholders drives drunk and injures you, an insurance adjusters real job is to save the company money, not fairly compensate you. Even in the event that the driver admits liability, the insurance company might try to persuade you that your injuries are the result of other trauma or you only have a limited amount of time to accept their low offer. Those are all lies, and an experienced drunk driving accident lawyer will be able to combat those deceitful tactics and get you the financial recovery you deserve.
  • There are other parties you can make a claim against. While a drunk driver is obviously liable, other parties may be at fault, such as the driver's employer. Drunk driving accident lawyers will carry out a detailed investigation and identify all liable parties. Finding other liable parties is vital when the policy limits are not sufficient to appropriately 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 valuing your damages more complex, and motivates the insurance company to try to minimize your damages as much as possible. Persistent and compassionate drunk driving accident lawyers will not only ensure you receive the entirety of your damages, but we can connect you to trusted physicians to make sure you get the medical treatment you need.

At Burger Law, there is no risk or obligation when talking to us. Reach out to us now at (314) 500-HURT to talk for a candid conversation with a drunk driving accident lawyer experienced with Illinois laws who will be honest with you about whether it is worth it or not for you to hire an attorney for your claim.

How Common is Drunk Driving in McNabb, IL and the U.S.?

Drunk driving statistics can be pretty sobering. Every day there are about 28 fatal drunk driving accidents, which is approximately one death every 52 minutes. While drunk driving accidents and deaths have consistently declined in the last 40 years, drunk drivers still account for 29 percent of total traffic fatalities as of 2018. While safe driving campaigns and strict punishments for drunk driving have definitely done a lot to make our roads safer, some selfish McNabb, IL individuals still choose to jeopardize others' safety because of a misplaced self-centeredness. When that happens and you or a loved one are injured, you deserve to be justly compensated with a complete recovery and the careless driver needs to pay for the harm they have caused. The McNabb, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts states that almost one-fifth of the 1,088 accidents that caused fatalities in the state involved alcohol. Alcohol was found in the symptoms of over a third of 448 deceased drivers who were tested.

Alcohol's Impact on Driving Abilities | McNabb, 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 significantly reduce someone's driving skills. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to multi-task, exaggerated confidence and poor judgment. At .05 percent - the product of roughly three drinks - someone suffers from lowered coordination, inability to track movement, challenges maneuvering and not being able to respond quickly to emergency situations. It is crucial to do you part in protecting other drivers, passengers and pedestrians and always have someone else drive if you have been drinking. Regrettably, sometimes you can commit to protecting others on the road and still be left to pick up the pieces after the catastrophic consequences of a dangerous McNabb, IL driver disregarding your safety, driving while intoxicated and injuring you or a family member. Just knowing the harsh penalties that come with a DWI conviction does not make you whole again. Trust in the knowledgeable and proficient McNabb, IL drunk driving accident lawyers of Burger law to to secure the financial settlement you and your family need and are owed. Call Burger Law today at (314) 500-HURT to go over your case and begin on the path to recovery.

Drunk Driving Laws in McNabb 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 it 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

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 McNabb, IL?

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

  1. Duty of Care That the driver had a responsibility to avoid harming you.
  2. Breach of Duty That the defendant did not do what they should have in order to avoid injuring you.
  3. Cause in Fact That the accident caused your injuries.
  4. Proximate Cause That the defendant's failure to act in a way that avoided hurting you caused the accident that caused your injuries.
  5. Damages That the accident led to tangible loss, such as monetary damages like medical bills as well as emotional distress. In personal injury claims you can only recover noneconomic damages if there were also economic damages.

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 people who get behind the wheel of a vehicle are to "exercise due care to avoid colliding" with anyone else on the road. 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 breaks the law is automatically considered to have breached their duty of care. 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 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 financial recovery you deserve; the insurance company will still be motivated to pay you as little as possible. That is why it is crucial to have committed and talented McNabb, IL drunk driving accident lawyers to stand up for you and get the best results in your claim.

Who Else Can I Sue for My Drunk Driving Accident Injuries in McNabb, 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 called 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 specified in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law more liberal than many other states' in that the drunk driver did not have to be visibly drunk when they were sold alcohol in order for the vendor to be at fault. You just have to demonstrate:

  • That a vendor-patron relationship existed, which you can demonstrate through surveillance video, receipts or eyewitness depositions
  • That the customer they sold to caused your injuries
  • 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 person who caused your accident was under the age of 21 and became intoxicated at the party.

Annually, 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 a family member's wrongful death.

The Owner of the Vehicle

If you were injured by a vehicle that was not being driven by the owner, the owner may be liable for some of your damages. In a negligent entrustment claim, a person may be liable if they permit someone else to engage in an activity which is under the control of the actor if if permitting the activity creates an inherent risk. In a drunk driving accident claim in McNabb, 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 was in no condition to operate a vehicle.

The Driver's Employer

If you were injured 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 have some liability. Reasons they are liable could include:

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

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

Personal injury 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 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 simple fender-bender, that might mean paying money you lost from work while recovering, chiropractic appointments and the pain and inconvenience that is a result of rehabilitating from a neck injury for a few months. In the worst cases, for example if you lose a family member, no financial recovery can genuinely compensate you, but the amount 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 the totaling of all the bills and lost income related to your injury. 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 wheelchairs. You will also receive compensation for any medical expenses that will arise 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 caused a disability that no longer allows you to perform the tasks required of your job, 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 gas to and from physical therapy appointments, or had to invest in childcare while you were recovering, you deserve to be reimbursed for that too.

    If we have to take into consideration future medical expenses 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 effects on your well-being, which can be anything anything from pain when bending over to tie your shoes to the emotional impact of not being able to pick up your kids anymore.
    • Disability for any permanent physical or cognitive challenges the irresponsible driver caused.
    • Disfigurement if the accident caused lasting scarring.
    • Loss of consortium if you or a loved one's injuries prevent you and your spouse from the love and intimate relationships you once had.
    • Loss of society if the injuries prevent you from giving or your loved ones from receiving the same advice and camaraderie that was once offered.
  3. Punitive damages These are not common in personal injury claims, and are meant to punish the defendant and deter future misbehavior. When we make a claim against drunk drivers, we always pursue punitive damages. Not only does that increase your compensation, but it also puts the insurance company on their heels as there is no coverage for punitive damages 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 egregious conduct. It is clear to us that anyone who gets behind the wheel while drunk is demonstrating a brazen disregard your safety.

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

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McNabb, 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 McNabb-based drunk driving accident lawyers in Illinois has devoted their lives 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 constantly sharpening our negotiation and trial skills to deliver the best results for our clients in McNabb and throughout Illinois. We know your actions did not cause this trying time; someone else's dangerous behavior did. For the highest standard of legal advocacy, call the McNabb, 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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