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

Drunk Driving Accident Lawyers Naperville, IL

Drunk Driving Accident Lawyers in Naperville, IL. If an irresponsible drunk driver injured you or someone you care about, call the Naperville, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a no-risk, no-obligation case evaluation. We serve the injured and vulnerable in Naperville and throughout Illinois by fighting on their behalf so they can focus on healing.

You can do everything possible to protect yourself and your loved ones, but drunk 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 upended through no fault of your own. The Naperville, IL drunk driving accident lawyers at Burger Law have dedicated their careers to helping individuals and families in similar circumstances get peace and full compensation when they may be feeling like there was no way out. We know the medical bills keep coming in, you are losing time off work and everything seems different than it was before your accident. This burden is not yours to bear alone. With the compassions, skill and unshakable legal advocacy 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 secured over $175 million in verdicts and settlements for our Naperville, IL clients. Our case reviews are no-risk, no-obligation, and we do not charge any fees until you get the best possible financial recovery you deserve.

If you were injured by an irresponsible drunk driver, find out how much your damages 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 Naperville, IL Drunk Driving Accident Lawyers Do for My Claim?

The criminal justice system 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, seasoned 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 Naperville, 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 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 legal representation for the best results:

  • The other driver will not admit fault. Drunk drivers who cause injuries will probably be prosecuted, and may avoid communicating with you and the insurance company in order to not face fines, a suspended license and possibly jail time. While a capable 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 in their criminal case. Experienced drunk driving accident lawyers will know how to utilize their investigative and litigation skills in order to get you the results you deserve.
  • The insurance adjuster is not being fair. Ideally insurance companies would realize their obligation when one of their policyholders decides to make a selfish decision that ends up injuring you, far too often that does not happen. Even if the driver admits liability, the insurance company might try to convince 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 be able to combat those deceitful tactics and get you the compensation you are owed.
  • There are multiple parties at fault. While a drunk driver is clearly to blame, other parties may bear partial responsibility, such as the driver's employer. Drunk driving accident lawyers will perform a thorough 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 need extensive medical treatment. The more significant your injuries the more medical treatment you will need, which makes calculating the full value of your damages more challenging, and makes it more likely the insurance company will try to claim they do not have to pay for all of your medical expenses. Aggressive and dedicated drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, but we will ensure you receive all of the medical you need to recover.

At Burger Law, there is no risk or obligation when talking to us. Contact us now at (314) 500-HURT to speak for a candid conversation with 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

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, or about one death in just under an hour. While drunk driving accidents and fatalities have steadily become less common since 1982, drunk drivers are still responsible for three-tenths of all auto related fatalities. While safe driving campaigns and strict punishments for drunk driving have definitely done a lot to make our communities safer, some selfish Naperville, IL individuals still choose to disregard others' well-being while not understanding or not caring about the potential consequences of their actions. If you are hurt as a result, you deserve to be justly compensated with a maximum recovery and the negligent driver needs to pay for what they did. The Naperville, 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 alcohol. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

How Alcohol Affects Driving | Naperville, 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 sufficient to greatly reduce someone's driving skills. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to do two things at once, a change in mood and inadequate judgment. At .05 percent - reached after roughly three drinks - a driver suffers from decreased coordination, inability to trace movement, difficulty maneuvering and not being able to respond quickly to unexpected things on the road. It is imperative to exercise great caution and have a back up plan if you are not in the best condition to drive. Unfortunately, sometimes you can follow all the rules ourselves and still experience the devastating consequences of a dangerous Naperville, IL motorist making a selfish decision, getting behind the wheel while intoxicated and injuring you or someone you love. Just knowing the harsh penalties that come with a DWI conviction does not make you whole again. Trust in the accomplished and tenacious Naperville, 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 go over your case and begin on the road to being made whole again.

Drunk Driving Laws in Naperville 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:

  • It is a third or subsequent violation
  • An accident occurred that resulted in great bodily harm, permanent disability or disfigurement to someone else
  • The driver caused an accident in a school zone that lead to bodily harm

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 Naperville, 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 keep you safe.
  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 the accident caused your injuries.
  4. Proximate Cause That the driver's negligence was the direct cause of the accident.
  5. Damages That the negligence was the reason you sustained a loss, such as economic damages like lost wages as well as emotional distress. It is important to note that in personal injury claims you cannot secure a financial recovery for noneconomic damages if you have not sustained economic damages.

There are two factors that make drunk driving accident cases different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that motorists are legally compelled to "exercise due care to avoid colliding" with anyone else on the road. Meaning the first element is a given. Secondly, the legal principle 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 have evidence that the driver was inebriated. 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.

Negligence per se does not mean you will automatically get the compensation you are owed; drunk drivers often do not want to be held accountable and their insurance companies do what they can to help their bottom line. That is why it is vital to have passionate and experienced Naperville, IL drunk driving accident lawyers to fight on your behalf and fight until you get the best results in your claim.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Naperville, IL?

The driver is clearly to blame for their reckless decision making, but drunk driving accident lawyers familiar with Illinois law will be able to conduct a full investigation and determine if any of the other following parties share liability:

A Bar, Restaurant 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 the accident caused you injuries. Illinois' dram shop laws are explained 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 at fault. You just have to prove:

  • That the vendor sold the driver alcohol, which you can show through surveillance video, receipts or eyewitness or employee testimony
  • That the customer 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 furnishes liquor to a guest in a private residence — if the person who caused your accident was not of legal age to drink and became intoxicated at the party.

Every year the Illinois Comptroller sets dram shop liability limits on the maximum amount of money someone can be required to pay in a dram shop claim. As of Jan. 20, 2022, the maximum is $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 the driver of the vehicle was not the owner of the vehicle, the owner may be responsible for percentage of your damages. In a negligent entrustment case, a person may be liable if they 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 suit in Naperville, 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, you may be able to make a claim against the company that hired and directed the driver. Negligence that could result in liability could include:

Experienced Naperville, IL drunk driving accident lawyers like those at Burger Law have experience with all of these types of negligence claims and know how to get results in them. When you hire us, we start investigating your accident immediately to determine everyone who is responsible for your injuries.

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

Tort claims in the United States are based on the principle of being made whole. The concept is that when a person or organization is to blame 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 a low-speed crash in a parking lot, being made whole means recovering compensation for lost wages, chiropractic appointments and the physical strain that is a result of rehabilitating from a neck injury for a relatively short period of time. In the most destructive cases, for example if you or a loved one becomes paralyzed, no financial recovery can genuinely compensate you, but the financial recovery 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 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 amount. Examples include:
    • Medical expenses — That includes any emergency room visits, operations, medications, chiropractic appointments and in-home care. You will also be paid for any medical bills 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 able to work while you recovered. If your injury caused a long-term or permanent injury that no longer allows 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 transportation to and from medical appointments, or had to send your child to daycare because you could not look after them, you deserve to be reimbursed for that too.

    In the case of future medical costs or lost earning capacity, drunk driving accident lawyers will ensure the settlement or verdict amount 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 mental effects on your well-being, which can be anything anything from pain when sleeping in certain positions to the emotional impact of not being able to engage in the same activities anymore.
    • Disability for any life-long physical or cognitive challenges the irresponsible driver caused.
    • Disfigurement if the accident result in permanent scarring.
    • Loss of consortium if you or a loved one's injuries prevent you and your partner from the love and intimate relationships you are used to.
    • Loss of society if the injuries your family can no longer share the same guidance and camaraderie that was once offered.
  3. Punitive damages These are not common in personal injury compensation, and are intended to punish the drunk driver and deter 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 win you the money you deserve, but it also motivates the insurance company to be fair because punitive damages are not covered under insurance policies According to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can seek punitive damagers in personal injury claims for especially appalling conduct. At Burger Law, we have learned that anyone who sits in the drivers seat while intoxicated knows exactly how reckless they are being.

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

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Naperville, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including selfish drivers do not respect other people's safety and resistant insurance companies whose prioritize more money than morals. For that reason, each of our Naperville-based drunk driving accident lawyers in Illinois has devoted their education and abilities 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 abilities to secure great recoveries for our clients in Naperville 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 accomplished, compassionate and aggressive representation, call the Naperville, 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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