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

Drunk Driving Accident Lawyers Mokena, IL

Drunk Driving Accident Lawyers in Mokena, 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 Mokena, 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 Mokena and throughout Illinois by defending their rights.

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 driving home from dinner or just running errands, your life was unexpectedly capsized through no fault of your own. The Mokena, 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 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, expertise and tenacious 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 recovered over $175 million in verdicts and settlements that the vulnerable in Mokena and throughout Illinois and Missouri were owed. Talking to us is free, and we do not charge any fees until you receive the settlement check you deserve.

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

View Location

What Can Mokena, 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 the monetary reimbursement you are owed. Skilled, experienced and persistent 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 Mokena, 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 decide when to hire a personal injury lawyer. If the driver is taking responsibility for his actions and your injuries are minor and only require an appointment with your primary care physician, 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 are likely looking at criminal charges as well, and may not want to admit fault in order to not face fines, a suspended license and possibly jail time. While drunk driving charges can sometimes be dropped or reduced, 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 adjuster is not being fair. In a perfect world insurance companies would fulfill their duty when one of their policyholders drives drunk and injures you, far too often that does not happen. Even in the event that the driver is willing to be held accountable, the insurance company might try to convince 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 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 clearly at fault, other entities may bear partial responsibility, such as the driver's employer. Drunk driving accident lawyers will thoroughly investigate your claim and identify anyone who bears responsibility for the accident. Finding other liable parties is vital when your damages exceed the driver's insurance policy limits.
  • Your injuries require ongoing care. The more severe your injuries the more medical treatment you will need, which makes putting a dollar amount on your damages more difficult, and will cause the insurance company to fight back against giving you a fair settlement. Aggressive and dedicated 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. Call us now at (314) 500-HURT to speak directly to 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 Common is Drunk Driving in Mokena, IL and the U.S.?

Understanding just how bad the problem of drinking and driving can be pretty sobering. Every day there are about 28 fatal drunk driving accidents, or about one death in just under an hour. While drunk driving accidents and fatalities have consistently declined in the last 40 years, drunk drivers are still responsible for 29 percent of all auto related deaths. While organizations such as Mothers Against Drunk Driving and stiff punishments for drunk driving have certainly done a lot to make our roads safer, some careless Mokena, IL residents still decide to put others at risk while not understanding or not caring about the potential consequences of their actions. When that happens and you or a loved one are injured, you deserve to be justly compensated with a full recovery and the reckless driver needs to pay for what they did. The Mokena, 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 reported that almost 20 percent of the 1,088 accidents that caused fatalities in the state involved a drunk driver. Alcohol was found in the symptoms of 37.1 percent of 448 deceased drivers who were tested.

Alcohol's Impact on Driving Abilities | Mokena, IL Drunk Driving Accident Lawyers

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of just .02 percent is enough to substantially reduce someone's abilities behind the wheel. At .02 percent blood alcohol concentration you experience a decline in sight, inability to multi-task, exaggerated confidence and inadequate judgment. At .05 percent - the product of about three drinks - a person suffers from reduced coordination, reduced ability to follow moving objects, difficulty using the steering wheel and a slower response to emergency situations. It is vital to follow proper road safety and find other means of getting home if you have been drinking. Unfortunately, sometimes you can follow all the rules ourselves and still be left reeling from the terrible consequences of a thoughtless Mokena, IL motorist making a selfish decision, driving drunk and injuring you or someone you love. 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. Trust in the savvy and proficient Mokena, 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 discuss your options and begin on the road to healing.

Drunk Driving Laws in Mokena and Illinois

Under to 625 ILCS 5/11-501 of the Illinois Vehicle Code, drunk or drug impaired driving 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 lead to 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.

View More FAQs

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

Typically, when you are proving negligence in a personal injury claim, you and your drunk driving accident lawyers must prove the five elements of negligence:

  1. Duty of Care That the driver needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the defendant did not use reasonable care.
  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 breach of duty.
  5. Damages That you have sustained losses, such as economic damages like damage to your car as well as mental anguish. In personal injury claims you can only recover noneconomic damages if there were associated economic damages.

There are two factors that make drunk driving accident lawsuits different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 stipulates 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 theory 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 granted automatically under the condition that you have evidence that the driver was inebriated. 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, 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 imperative to have passionate and talented Mokena, 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 Mokena, IL?

The driver is clearly at fault for their reckless decision making, but drunk driving accident lawyers experienced 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

Dram shop rules permit you to 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 easier to apply 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 prove:

  • That a vendor-patron relationship existed, which you can show through security footage, receipts or eyewitness testimony
  • That the customer they served caused your injuries
  • 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 furnishes liquor to a guest in a private residence — if the driver responsible for your injuries was not of legal age to drink and became intoxicated at the party.

Annually, the Illinois Comptroller places 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 injured party, or $95,073.37 if the accident caused loss of support or loss of society a family member's wrongful death.

The Owner of the Vehicle

If the driver was driving someone else's car, the owner may also owe you compensation. In a negligent entrustment claim, it is negligent to permit a third person 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 case in Mokena, 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 a commercial driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may also owe you damages. Negligence that could result in liability could include:

Experienced Mokena, IL drunk driving accident lawyers like those at Burger Law have seen all of these types of cases and know how to get results in them. When you hire us, we start investigating your accident immediately to determine as many liable parties as possible.

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

Personal injury claims in the United States are based on the principle of making one whole. The concept is that when a person or organization injures you, you should be paid a dollar amount commensurate to the extent of your damages. In many car accident claims, for example a rear-end accident, being made whole means recovering compensation for lost wages, follow-up doctors' appointments and the pain that comes with rehabilitating from a neck injury for a relatively short period of time. In the most tragic cases, for example if you or a loved one has permanent disability, no amount of money can truly make you whole, but the settlement or verdict 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 refers to the total sum of the money you either lost out on or had to spend because of your injuries. It is an objective dollar amount. Examples include:
    • Medical expenses — That includes any emergency room visits, surgeries, prescription or over-the-counter meds, chiropractic appointments and in-home nursing. 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 — You will be reimbursed for full amount of the wages you lost from not being able to work while you recovered. If your injury resulted in a disability that no longer permits 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 transportation to and from chiropractic appointments, or had to send your child to daycare because you could not look after them, you need a financial recovery for that too.

    In the case of future medical bills or lost earning potential, drunk driving accident lawyers will ensure the compensation adjusts for inflation as well.

  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 trials you have been put through, which can include anything from pain when carrying groceries in to the emotional impact of not being able to engage in the same activities anymore.
    • Disability for any life-long physical or cognitive impairments the selfish driver caused.
    • Disfigurement if the accident result in lasting scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries impede you and your significant other from the affection and intimate relationships you grew accustomed to.
    • 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 typically not included in personal injury compensation, and are meant to punish the defendant and deter others from making the same mistakes. When we make a claim against drunk drivers, we always pursue punitive damages. Not only does that help get you the money you deserve, but it also puts the insurance company on their heels because punitive damages are not covered under insurance policies 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 dangerous conduct. At Burger Law, we have learned that anyone who sits in the drivers seat while intoxicated how much of a potential threat they are to other people on the roads.

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

Call Burger Law Now

Mokena, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including reckless drivers think they can do whatever they want and resistant insurance companies who care more about money than morals. That is why each of our Mokena-based drunk driving accident lawyers in Illinois has committed their education and abilities to defending the rights of the injured and vulnerable. You will not see us on TV 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 abilities to get the best results for our clients in Mokena and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's selfish actions did. For knowledgeable, empathetic and relentless representation, call the Mokena, 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