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

Drunk Driving Accident Lawyers Oglesby, IL

Drunk Driving Accident Lawyers in Oglesby, IL. If an irresponsible drunk driver harmed you or someone you care about, call the Oglesby, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a complimentary case evaluation. We serve the injured and vulnerable in Oglesby and throughout Illinois by securing them the maximum compensation they are owed.

You can follow all the rules of the road, but drunk drivers can still change your life in a heartbeat. Whether you were coming back to town after a long weekend or just running errands, your life was immediately completely disrupted through no fault of your own. The Oglesby, IL drunk driving accident lawyers at Burger Law have pledged their careers to helping individuals and families like you get a sense of healing and full compensation when they may be feeling like no one could help them. We know the medical bills are piling up, you you cannot earn a living right now and your life is not the same as it in the not-too-distance past. We will fight for you until there is nothing left to fight. With the dedication, expertise and forceful legal counsel of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of litigating and trying cases, we have won more than $175 million in verdicts and settlements that the vulnerable in Oglesby and throughout Illinois and Missouri were owed. Our case reviews are no-risk, no-obligation, and you do not owe us a thing until the final verdict or settlement has been reached.

If you were harmed by a thoughtless drunk driver, discover how much your injuries may be worth by filling out 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 Oglesby, IL Drunk Driving Accident Lawyers Do for My Claim?

The criminal justice system will likely file charges against the drunk driver who caused the accident. However, only a personal injury lawyer can get you the monetary reimbursement you are owed. Knowledgeable, accomplished and aggressive drunk driving accident lawyers can ensure you get maximum compensation by:

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

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

Every auto wreck is unique, and you can only truly know when to hire a personal injury lawyer by seeking a consultation with one. If the driver is taking responsibility for his actions 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, there are many situations in which a drunk driving accident lawyer is the only way to get fair compensation:

  • The other driver will not admit fault. Drunk drivers who injure people will go in front of a judge in criminal court, and may avoid communicating with you and the insurance company in order to not face the harsh penalties of a DUI. 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 obtain key evidence in order to hold the negligent driver accountable.
  • The insurance adjuster is not being fair. In a perfect world insurance companies would realize their duty when one of their policyholders decides to make a selfish decision that winds up injuring you, far too often that does not happen. Even in the event that the driver admits liability, the insurance company might try to convince you that your injuries are the result of other trauma or that they do not have to pay for lost wages because you had paid time off available. None of that is true, and an experienced drunk driving accident lawyer will fight back and let the insurance adjuster know we mean business.
  • There are other parties you can make a claim against. While a drunk driver is obviously to blame, other entities may be at fault, such as a friend of the driver who knowingly lent them the vehicle while drunk. Drunk driving accident lawyers will carry out a detailed investigation and identify everyone whose negligence contributed to your injuries. Finding other liable parties is vital when the policy limits are not sufficient to properly compensate you.
  • Your injuries will incur future medical expenses. The more grave your injuries the higher your medical bills will be, 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. Skilled 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. Reach out to 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 the insurance company is offering a fair settlement.

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

Drunk driving statistics can be quite sobering. Every day 28 people die in accidents caused by drunk drivers, which is approximately one fatality every 52 minutes. While drunk driving accidents and fatalities have steadily been on the decline since 1982, drunk drivers are still responsible for 29 percent of all auto related fatalities. While safe driving campaigns and stiff punishments for drunk driving have certainly done a lot to make our communities safer, some careless Oglesby, IL individuals still decide to disregard others' well-being 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 are owed a full financial recovery and the negligent driver needs to pay for breaking the rules. The Oglesby, 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 fatal crashes in the state involved alcohol. Of 448 deceased drivers who were tested for alcohol, 37.1 percent tested positive.

How Alcohol Affects Driving | Oglesby, 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 impede someone's abilities behind the wheel. At .02 percent blood alcohol concentration the body undergoes a decline in sight, inability to perform two tasks at the same time, exaggerated confidence and loss of judgment. At .05 percent - the product of approximately three drinks - a driver suffers from lowered coordination, reduced ability to track movement, challenges using the steering wheel and not being able to respond quickly to unexpected things on the road. It is vital to follow proper road safety and always have someone else drive if you are not in the best condition to drive. Regrettably, sometimes you can do everything possible to stay safe and still experience the devastating consequences of a dangerous Oglesby, IL driver not caring about the rules, getting behind the wheel drunk and injuring you or a family member. Just knowing that the person who hurt you will face harsh repercussions in a criminal case is not enough. You need the knowledgeable and skilled Oglesby, 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 recovery.

Drunk Driving Laws in Oglesby and Illinois

According 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 DUI becomes "aggravated driving under the influence" and a Class 4 Felony if:

  • It is a third or subsequent violation
  • The driver caused a motor vehicle accident that resulted in great bodily harm, permanent disability or disfigurement to another
  • 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 Oglesby, IL?

Generally, 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 defendant needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the defendant did not act in a way that kept you safe.
  3. Cause in Fact That your injuries are a direct result of the accident.
  4. Proximate Cause That the driver's breach of duty caused the accident that caused your injuries.
  5. Damages That the negligence was the reason you sustained a loss, such as monetary damages like damage to your car as well as noneconomic damages. 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 claims different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 stipulates that motorists are to "exercise due care to avoid colliding" with anyone else on the road. Meaning the first element is a given. Secondly, the legal philosophy of negligence per se stipulates that anyone who violates a state statute 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 duty of care and breach of duty. All your drunk driving accident lawyers will need to prove 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; drunk drivers often do not want to be held accountable and their insurance companies do what they can to help their profits. That is why it is vital to have dedicated and skilled Oglesby, 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 Oglesby, 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

Dram shop laws allow you to sue a licensed alcohol vendor after a drunk driving accident if you sustained injuries. Illinois' dram shop laws are explained in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law is different from 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 demonstrate:

  • That the vendor sold the driver alcohol, which you can show with security footage, receipts or eyewitness depositions
  • That the customer they sold to 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 holds a private party — if the driver responsible for your injuries was not of legal age to drink and became inebriated at the party.

Annually, the Illinois Comptroller stipulates 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, those limits are $77,787.30 for each person making a claim for the accident, 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 be responsible for a portion of your damages. According to the philosophy of negligent entrustment, a person may be liable if they permit someone else to engage in an activity which is under the control of the actor if it would not be safe to do so. In a drunk driving accident case in Oglesby, 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 too drunk to drive.

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. Reasons they are liable could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Oglesby, IL drunk driving accident lawyer so they can conduct a comprehensive investigation into your claim. Doing so will not only make sure every negligent party is held accountable, but will also increase your compensation and secure you the full financial recovery you are owed.

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

Tort claims in the United States are based on the principle of being made whole. "Being made whole" means that when another party 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 for lost wages, chiropractic appointments and the pain and inconvenience that comes with rehabilitating from a whiplash injury for a relatively short period of time. In the most tragic cases, for example if you lose a loved one, no amount of money can truly compensate you, 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 the totaling of all the bills and lost income related to your accident. It is an impartial dollar figure. Examples include:
    • Medical expenses — That includes any emergency room visits, operations, prescription or over-the-counter meds, physical therapy appointments and assistive devices such as wheelchairs. 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 physically able to work. 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 gas to and from chiropractic 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 bills or lost earning potential, 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 effects on your well-being, which can include anything from pain when bending over to tie your shoes to the emotional impact of not being able to exercise the same way anymore.
    • Disability for any permanent physical or cognitive challenges the reckless driver caused.
    • Disfigurement if your injuries result in lasting scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your partner from the love and intimate relationships you once shared.
    • Loss of society if the injuries your loved ones can no longer share the same advice 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 future misbehavior. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that increase your financial recovery, but it also motivates the insurance company to be fair as their policyholders do not pay for punitive damages in their policies According 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 appalling behavior. It is clear to us that anyone who drives drunk is demonstrating a brazen lack of respect for your safety.

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

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Oglesby, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including selfish 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 Oglesby-based drunk driving accident lawyers in Illinois has pledged their careers to standing up for 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 fine-tuning our lawyer skills to get great recoveries for our clients in Oglesby and throughout Illinois. We know your actions did not cause this trying time; someone else's selfish decisions did. For skillful, empathetic and aggressive representation, call the Oglesby, 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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