Securing justice after a drunk driver's reckless decision left you to pick up the pieces

Drunk Driving Accident Lawyers Orangeville, IL

Drunk Driving Accident Lawyers in Orangeville, IL. If a thoughtless drunk driver harmed you or a loved one, call the Orangeville, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a no-risk, no-obligation case review. We serve the injured and vulnerable in Orangeville and throughout Illinois by standing up to bullies and getting them the financial recovery they deserve.

You can do everything right to protect yourself and your loved ones, but thoughtless drivers can still cause unfathomable devastation. Whether you were on your way to a sports game or lazily driving around on the weekend, your life was unexpectedly completely disrupted when you did nothing wrong. The Orangeville, IL drunk driving accident lawyers at Burger Law truly care about out clients and their cases and families mean something to us. We know the medical bills are accumulating, you are losing time off work and your life is not the same as it in the not-too-distance past. You do not have to go through this alone. With the compassions, expertise and unshakable 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 Orangeville, IL clients. Our case reviews are no-risk, no-obligation, and you do not owe us a thing until we win your case.

If you were injured by a thoughtless drunk driver, discover 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 Orangeville, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely seek a guilty verdict in criminal court. Still, you will still need a personal injury lawyer to confront the drunk driver in civil court and get you the monetary reimbursement you are owed. Knowledgeable, accomplished and relentless drunk driving accident lawyers can ensure you get maximum compensation by:

At Burger Law, we know auto accident claims and how to stand up to bullies.

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

That depends on the particulars of your case, and if you have never had to hire an attorney before it may be difficult to determine when to hire a personal injury lawyer. 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, many other circumstances require legal representation for the best results:

  • The other driver will not admit fault. Drunk drivers who injure people will probably be prosecuted, and may be motivated not to cooperate in order to not be sentenced in criminal court. While a good 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 obtain key evidence in order to prove that the defendant were drunk and injured you.
  • The insurance adjuster refuses to offer a full settlement. In a perfect world insurance companies would recognize their responsibility when one of their policyholders drives drunk and injures you, that is not always the case. Even in the event that the driver admits liability, the insurance company might try to say 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 a talented drunk driving accident lawyer will be able to combat those deceitful tactics and get you the financial recovery you deserve.
  • There are multiple parties at fault. While a drunk driver is clearly at fault, other entities may be at fault, such as a friend of the driver who knowingly lent them the car while drunk. Drunk driving accident lawyers will perform a thorough investigation 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 putting a dollar amount on your damages more complex, and makes it more likely the insurance company will try to claim they do not have to pay for all of your medical expenses. Tenacious 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. 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 the insurance company is offering a fair settlement.

Missouri Drunk Driving Accident Statistics

Drunk driving statistics can be incredibly sobering. Every day 28 people die in accidents caused by drunk drivers, which is approximately one fatality in just under an hour. While drunk driving accidents and deaths have steadily declined in the last four decades, drunk drivers still account for almost a third of total traffic deaths as of 2018. While safe driving campaigns and strict punishments for drunk driving have certainly done a lot to make our roads safer, some reckless Orangeville, IL individuals still make the irresponsible decision to jeopardize others' safety 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 reckless driver needs to pay for breaking the rules. The Orangeville, 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 found that almost 20 percent of the 1,088 fatal crashes in the state involved a drunk driver. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

How Alcohol Affects Driving | Orangeville, 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 hinder someone's driving skills. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to perform two tasks simultaneously, exaggerated confidence and loss of judgment. At .05 percent - reached after approximately three alcohol beverages - a driver suffers from reduced coordination, reduced ability to trace movement, challenges maneuvering and a slower response to emergency situations. It is imperative to follow proper road safety and find other ways of getting home if you are not in the best condition to drive. Regrettably, sometimes you can do everything possible to stay safe and still experience the terrible consequences of a reckless Orangeville, IL driver making a selfish decision, getting behind the wheel drunk and harming 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 accomplished and proficient Orangeville, 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 start on the road to recovery.

Drunk Driving Laws in Orangeville 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 subsequent violations are Class X Felonies.

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

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

  1. Duty of Care That the defendant needed to use reasonable care to avoid injuring you.
  2. Breach of Duty That the driver did not use reasonable care.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the driver's negligence is the reason for the accident.
  5. Damages That the accident led to tangible loss, such as monetary damages like lost wages as well as noneconomic damages. In personal injury claims you can only recover noneconomic damages if there were associated monetary losses.

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 specifically states that motorists are required to to "exercise due care to avoid colliding" with pedestrians or other vehicles. 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 breaks the law is negligent as a matter of law. Therefore, in drunk driving cases the first two elements are granted automatically as long as you can demonstrate that the driver was driving drunk. 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.

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 aggressive and accomplished Orangeville, IL drunk driving accident lawyers to stand up for you and get the financial recovery you deserve.

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

A driver is not the only one who may be held accountable in your case. Other third parties include:

A Bar, Restaurant 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 laid out 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 show significant impairment when they were sold alcohol in order for the vendor to be liable. You just have to show:

  • That the establishment sold the driver alcohol, which you can show through security footage, receipts or eyewitness depositions
  • That the customer they served caused your injuries
  • That the vendor is responsible for the patron being drunk

You can only sue a social host — meaning someone who holds a private party — if the drunk driver was not of legal age to drink and became inebriated at the party.

Annually, the Illinois Comptroller sets dram shop liability limits on how much compensation you can receive in a dram shop case. As of Jan. 20, 2022, those limits are $77,787.30 for each injured party, or $95,073.37 if the accident led to loss of support or loss of society because of the wrongful death of a loved one.

The Owner of the Vehicle

If you were injured by a vehicle that was not being driven by the owner, the owner may be responsible for a portion of your damages. In a negligent entrustment claim, 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 it would not be safe to do so. In a drunk driving accident suit in Orangeville, 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 earns a living as a driver, for example 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 Orangeville, IL drunk driving accident lawyer so they can conduct an exhaustive investigation into your claim. Doing so will not only make sure every at-fault 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 Orangeville, IL Drunk Driving Accident Injuries?

Personal injury claims in the United States are based on the doctrine of being made whole. The idea behind the doctrine is that when someone 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 simple fender-bender, being made whole means recovering compensation money you lost from work while recovering, chiropractic appointments and the pain that comes with 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 loses a limb, no financial recovery can be expected to make you whole, but the amount 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 amount. Examples include:
    • Medical expenses — That includes any treatment the day of the accident, operations, prescription or over-the-counter meds, physical rehabilitation appointments and in-home nursing. You will also be reimbursed 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 on the job as you were healing. If your injury resulted in 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 Uber to and from chiropractic appointments, or had to send your child to daycare because you could not look after them, you need to be repaid for that too.

    If we have to take into consideration future medical bills 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 include anything from pain when sleeping in certain positions to the emotional impact of not being able to pick up your kids anymore.
    • Disability for any permanent physical or cognitive challenges the accident caused.
    • Disfigurement if the accident result in permanent scarring.
    • Loss of consortium if you or a loved one's injuries impede you and your spouse from the companionship and intimate relationships you once had.
    • Loss of society if the injuries prevent you from giving or your loved ones from receiving the same guidance and care they once did.
  3. Punitive damages These are typically not included in personal injury claims, and are meant to punish the defendant and discourage 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 helps secure a fair settlement from the insurance company as their policyholders do not pay for punitive damages in their policies 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 dangerous conduct. It is clear to us that anyone who sits in the drivers seat while under the influence is demonstrating a shameless disregard your safety.

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

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Orangeville, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including selfish drivers who do not want to take responsibility for their actions and resistant insurance companies who care more about think it is acceptable to withhold the financial recovery you deserve. That is why each of our Orangeville-based drunk driving accident lawyers in Illinois has devoted their lives to fighting on behalf of the injured and vulnerable. We have no interest in TV or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are constantly sharpening our lawyer skills to secure maximum compensation for our clients in Orangeville and throughout Illinois. We know you did nothing to become injured; someone else's horrible decisions did. For accomplished, passionate and tenacious representation, call the Orangeville, 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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