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

Drunk Driving Accident Lawyers Mount Prospect, IL

Drunk Driving Accident Lawyers in Mount Prospect, IL. If a reckless drunk driver hurt you or a loved one, call the Mount Prospect, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a free case review. We serve the injured and vulnerable in Mount Prospect and throughout Illinois by defending their rights.

You can follow all the rules of the road, but careless drivers can still cause unimaginable damage. Whether you were coming back to town after a long weekend or lazily driving around on a Saturday, all of a sudden your entire life was completely disrupted through no fault of your own. The Mount Prospect, 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. We will fight for you until there is nothing left to fight. With the dedication, skill and forceful legal representation 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 more than $175 million in verdicts and settlements for our Mount Prospect, IL clients. Talking to us is free, and we do not charge any fees until you receive the settlement check you deserve.

If you were harmed by a selfish drunk driver, discover how much your injuries 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 Mount Prospect, IL Drunk Driving Accident Lawyers Do for My Claim?

A prosecutor will likely file charges against the drunk driver who caused the accident. But, only a personal injury lawyer can get you the monetary reimbursement you are owed. Skilled, veteran and aggressive drunk driving accident lawyers can ensure you get justice 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 Mount Prospect, 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 accident. If the driver accepts blame and your injuries are minor and do not require much medical treatment, a lawyer likely will not be able to add much value to your claim. However, many other circumstances require legal representation for the best results:

  • The other driver will not admit fault. Drunk drivers who cause accidents are likely looking at criminal charges as well, and may not want to admit fault in order to not be sentenced in criminal court. 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 cross-examine the drunk driver in a deposition in order to prove that the defendant were drunk and injured you.
  • The insurance adjuster refuses to offer a full settlement. Ideally insurance companies would recognize their duty when one of their policyholders drives drunk and injures you, far too often that does not happen. Even if 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 you only have a limited amount of time to accept their low offer. Those are all lies, and an accomplished 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 be at fault, such as the driver's employer. Drunk driving accident lawyers will thoroughly investigate your claim and identify everyone whose negligence contributed to your injuries. Finding other liable parties is crucial when your damages exceed the driver's insurance policy limits.
  • Your injuries will incur future medical expenses. The more severe your injuries the more medical treatment you will need, which makes valuing your damages more difficult, and will cause the insurance company to fight back against giving you a fair settlement. Tenacious 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, 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 honest with you about whether it is worth it or not for you to hire an attorney for your claim.

Missouri Drunk Driving Accident Statistics

Seeing how many people choose to drink and drive can be pretty sobering. Every day 28 people are killed in accidents caused by drunk drivers, adding up to roughly one fatality every 52 minutes. While drunk driving accidents and fatalities have consistently declined in the last four decades, drunk drivers are still responsible for almost a third of all auto related deaths. While organizations such as Mothers Against Drunk Driving and strict punishments for drunk driving have definitely done a lot to make our communities safer, some reckless Mount Prospect, IL residents still make the terrible decision to disregard others' well-being while not understanding or not caring about the potential consequences of their actions. If you are harmed as a result, you deserve to be justly reimbursed with a full recovery and the careless driver needs to pay for the harm they have caused. The Mount Prospect, IL drunk driving accident lawyers at Burger Law will use or skills and dedication to see wrongs made right.

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 almost 40 percent of 448 deceased drivers who were tested.

How Alcohol Affects Driving | Mount Prospect, 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 even .02 percent is sufficient to significantly impair someone's ability to drive. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to perform two tasks at the same time, a change in mood and poor judgment. At .05 percent - reached after about three drinks - a driver suffers from reduced coordination, inability to follow moving objects, challenges steering and not being able to respond quickly to unexpected things on the road. It is crucial to do you part in protecting other drivers, passengers and pedestrians and let someone else take the wheel if you have been drinking. Regrettably, sometimes you can follow all the rules ourselves and still be left to pick up the pieces after the devastating consequences of a dangerous Mount Prospect, IL motorist making a selfish decision, getting behind the wheel while intoxicated and injuring you or someone you love. Just knowing that the person who hurt you will face harsh consequences in a criminal case is not enough. Trust in the accomplished and talented Mount Prospect, 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 recovery.

Drunk Driving Laws in Mount Prospect and Illinois

Pursuant 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:

  • The driver had more than two previous DUI offenses
  • 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 bodily harm

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

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

Generally, when you are proving negligence in a personal injury claim, you and your drunk driving accident lawyers must demonstrate the following five elements:

  1. Duty of Care That the driver was required to act in a certain, safe way.
  2. Breach of Duty That the driver did not act in a way that kept you safe.
  3. Cause in Fact That the accident led to your injuries.
  4. Proximate Cause That the accident would not have happened but for the driver's failure to act in a way that avoided hurting you.
  5. Damages That you have sustained losses, such as economic damages like damage to your car as well as emotional distress. It is important to note that in personal injury claims you cannot receive compensation for noneconomic damages if you have not sustained a monetary loss.

There are two factors that set drunk driving accidents apart from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 stipulates that drivers 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 doctrine of negligence per se stipulates that anyone who violates a state statute is automatically considered to have breached their duty of care. Therefore, in drunk driving cases the first two elements are taken care of as long as you can demonstrate that the driver was inebriated. All your drunk driving accident lawyers will need to show is that the driver caused the accident and that that is how you sustained your injuries.

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 aggressive and skilled Mount Prospect, IL drunk driving accident lawyers by your side to get the best results in your claim.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Mount Prospect, 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 Bar, Restaurant or Social Host

Many states have what is known as 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 laid out in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law is different from 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 liable. You just have to show:

  • That the bar or restaurant sold the driver alcohol, which you can demonstrate through surveillance video, receipts or eyewitness or employee depositions
  • That the patron they supplied alcohol to was responsible for the drunk driving accident
  • 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 person who caused your accident was not old enough to drink legally and became intoxicated at the private residence.

Each year the Illinois Comptroller stipulates dram shop liability limits on the maximum amount of money a person or organization can be required to pay in a dram shop claim. As of Jan. 20, 2022, those limits are $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 due to the wrongful death of a loved one.

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 case, it is negligent to permit a third person to use something which is under the control of the actor if that would create an unreasonable risk of harm to others. In a drunk driving accident suit in Mount Prospect, 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 too drunk to drive.

The Driver's Employer

If your accident was caused by someone who works as a driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may have some liability. Reasons they are liable could include:

Experienced Mount Prospect, IL drunk driving accident lawyers like those at Burger Law have seen all of these types of claims and know how to hold the appropriate parties liable. When you hire us, we start investigating your claim immediately to determine as many liable parties as possible.

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

Tort claims in the United States are based on the principle of making one whole. The concept is that when a person or organization is to blame for your damages, you should be paid a dollar amount commensurate to the extent of your damages. 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 physical strain that is a result of rehabilitating from a whiplash 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 be expected to make you whole, but the amount should be great enough to provide a least some sense of restitution.

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 injury. It is a firm dollar amount. Examples include:
    • Medical expenses — That includes any urgent care, operations, prescription or over-the-counter meds, physical therapy appointments and in-home nursing. You will also receive compensation 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 on the job as you were healing. If your injury caused a long-term or permanent injury that no longer permits you to earn a living as you once did, 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 Uber to and from chiropractic appointments, or had to invest in childcare while you were recovering, you deserve a financial recovery for that too.

    If we have to take into consideration future medical costs or lost earning potential, drunk driving accident lawyers will make sure 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 effects on your well-being, which can be anything anything from difficulty turning your head to having PTSD anymore.
    • Disability for any life-long physical or cognitive impairments the accident caused.
    • Disfigurement if the accident result in permanent scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries prevent you and your significant other from the companionship and intimate relationships you are used to.
    • Loss of society if the injuries your family can no longer share the same advice and care that was once offered.
  3. Punitive damages These are rarely awarded in personal injury compensation, and are meant to punish the defendant and deter future misbehavior. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that maximize your compensation, but it also makes the insurance company nervous as there is no coverage for punitive damages Under 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers may be awarded punitive damagers in personal injury claims for especially appalling conduct. It is clear to us that anyone who sits in the drivers seat while drunk is demonstrating a flagrant disregard your safety.

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

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Mount Prospect, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers do not respect other people's safety and resistant insurance companies focus more on money than morals. That is why each of our Mount Prospect-based drunk driving accident lawyers in Illinois has pledged their careers to defending the rights 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 honing our negotiation and trial skills to secure the best results for our clients in Mount Prospect and throughout Illinois. We know your actions did not cause this trying time; someone else's irresponsible decisions did. For skillful, compassionate and tenacious representation, call the Mount Prospect, 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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