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

Drunk Driving Accident Lawyers Oregon, IL

Drunk Driving Accident Lawyers in Oregon, IL. If a selfish drunk driver injured you or someone you care about, call the Oregon, 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 Oregon and throughout Illinois by securing them the maximum compensation they are owed.

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but irresponsible drivers can still change your life in a heartbeat. Whether you were driving home from dinner or lazily driving around on the weekend, your life was unexpectedly turned upside down through no fault of your own. The Oregon, IL drunk driving accident lawyers at Burger Law have committed their lives to helping people in similar circumstances get a sense of healing and maximum financial recoveries when they may be feeling like no one could help them. We know the medical bills keep coming in, you you cannot earn a living right now and everything seems different than it was just a short while ago. This burden is not yours to bear alone. With the dedication, expertise and unshakable legal counsel 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 Oregon, IL clients. Talking to us is free, and we do not charge any fees until you get the maximum financial recovery you deserve.

If you were injured by a reckless drunk driver, see how much your damages 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 Oregon, IL Drunk Driving Accident Lawyers Do for My Claim?

The criminal justice system will likely seek a guilty verdict in criminal court. However, only a personal injury lawyer can get you a financial recovery for all of your damages. Skilled, veteran and aggressive 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 Oregon, 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 case. If there is no dispute about who is at fault 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:

  • There is a dispute about liability. 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 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 on state charges. Experienced drunk driving accident lawyers will know how to obtain key evidence in order to get you the results you deserve.
  • The insurance company 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 does take responsibility, the insurance company might try to say that your injuries are the result of other trauma or they only have to pay for some of your medical care. Those are all deceptions aimed at minimizing your claim, and a knowledgeable drunk driving accident lawyer will not let them get away with them.
  • There are multiple parties at fault. While a drunk driver is clearly at fault, other parties may be at fault, such as a friend of the driver who knowingly lent them the car while drunk. Drunk driving accident lawyers will conduct a detailed investigation and identify all liable parties. This is especially important when the policy limits are not sufficient to fairly compensate you.
  • Your injuries require ongoing care. The more significant your injuries the more medical treatment you will need, which makes valuing 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 knowledgeable drunk driving accident lawyers will not only be able to calculate and demand full compensation, but we will help you receive all of the appropriate medical care.

At Burger Law, there is no risk or obligation when talking to us. Call us now at (314) 500-HURT to talk directly to a drunk driving accident lawyer familiar with Illinois laws who will be straightforward with you about whether we can add to your claim.

Missouri Drunk Driving Accident Statistics

Seeing how many people choose to drink and drive can be quite sobering. Every day there are about 28 fatal drunk driving accidents, which is approximately one death every 52 minutes. While drunk driving accidents and fatalities have steadily been on the decline since 1982, drunk drivers still account for 29 percent of total traffic fatalities as of 2018. While awareness campaigns and stiff punishments for drunk driving have certainly done a lot to make our communities safer, some selfish Oregon, IL residents still choose to disregard others' well-being because of a misplaced self-centeredness. If you are injured as a result, you deserve to be justly compensated with a maximum recovery and the reckless driver needs to be held responsible for what they did. The Oregon, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts reported that 19.7 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 | Oregon, IL Drunk Driving Accident Lawyers

While it is only illegal to drink and drive if your blood alcohol concentration is more than .008 percent, a level of only .02 percent is enough to considerably impede someone's ability to drive. 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 loss of judgment. At .05 percent - the product of about three drinks - a driver experiences reduced coordination, inability to follow movement, challenges steering and a slower response to unexpected things on the road. It is imperative to do you part in protecting other drivers, passengers and pedestrians and find other means of transport if you have been drinking. Unfortunately, sometimes you can follow all the rules ourselves and still be left to pick up the pieces after the catastrophic consequences of a reckless Oregon, IL driver not caring about the rules, getting behind the wheel while intoxicated and injuring you or a loved one. Just knowing that the negligent driver will likely face criminal charges, steep fees, restrictions on their license and possibly jail time does not make you whole again. You need the experienced and talented Oregon, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to discuss your options and start on the path to healing.

Drunk Driving Laws in Oregon 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 DUI becomes "aggravated driving under the influence" and a Class 4 Felony if:

  • The driver had more than two previous DUI offenses
  • The driver caused a motor vehicle accident 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

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

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

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

  1. Duty of Care That the defendant had a responsibility to avoid harming you.
  2. Breach of Duty That the defendant did not do what they should have in order to avoid injuring you.
  3. Cause in Fact That your injuries are a direct result of the accident.
  4. Proximate Cause That the driver's negligence caused the accident that caused your injuries.
  5. Damages That the accident led to tangible loss, such as economic damages like damage to your car as well as noneconomic damages. It is important to mention 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 most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that drivers have an obligation 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 principle of negligence per se stipulates 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 as long as you can demonstrate that the driver was driving drunk. All your drunk driving accident lawyers will need to show is that the driver caused the accident and your injuries.

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 bottom line. That is why it is key to have committed and experienced Oregon, IL drunk driving accident lawyers to stand up for you and get the compensation you are owed.

Who Else Can I Sue for My Drunk Driving Accident Injuries in Oregon, IL?

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

A Licensed Alcohol Vendor or Social Host

Many states have what is known as a dram shop law, under which you may be able sue a bar or restaurant after a drunk driving accident if you were hurt. 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 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 demonstrate:

  • That a vendor-patron relationship existed, which you can demonstrate with surveillance video, receipts or eyewitness or employee depositions
  • That the patron 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 supplies their private guests with alcohol — if the drunk driver was under the age of 21 and became inebriated at the private residence.

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, the maximum is $77,787.30 for each person incurring damages, or $95,073.37 if the accident resulted in loss of support or loss of society a family member's wrongful death.

The Owner of the Vehicle

If the driver of the vehicle was not the owner of the vehicle, the owner may also owe you compensation. In a negligent entrustment case, a person may be liable if they permit someone else to use something which is under the control of the actor if it would not be safe to do so. In a drunk driving accident claim in Oregon, 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 you were injured by someone who earns a living as a driver, such as in a truck accident, bus accident or rideshare accident, the driver's employer may be partially to blame. Examples of negligence on the part of the employer could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Oregon, 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 responsible, but will also increase your compensation and secure you the full financial recovery you are owed.

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

Civil claims in the United States are based on the theory of making one whole. "Being made whole" means that when another party injures you, you should receive a financial recovery that is equal to the economic loss and physical pain their negligence put you through. In many car accident claims, for example a simple fender-bender, being made whole means recovering compensation money you lost from work while recovering, follow-up doctors' appointments and the physical strain that is a result of rehabilitating from a neck injury for a little while. In the most tragic cases, for example if you lose a loved one, no financial recovery can be expected to compensate you, but the amount should be great enough to provide a least some sense of restitution.

There are three categories 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 firm dollar amount. Examples include:
    • Medical expenses — That includes any emergency room visits, 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 — 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 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 physical therapy appointments, or had to send your child to daycare because you could not look after them, you need a financial recovery for that too.

    If your injuries result in future medical costs 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 defines noneconomic damages as "intangible" damages, "including but not limited to":
    • Pain and suffering refers to the physical and emotional burdens you have been put through, which can be anything anything from pain when going up and down the stairs to having PTSD anymore.
    • Disability if you sustained life-long physical or cognitive difficulties after the accident.
    • Disfigurement if the accident caused 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 are used to.
    • Loss of society if the injuries your family can no longer share the same guidance and camaraderie they once did.
  3. Punitive damages These are not common in personal injury claims, and are intended to punish the defendant and deter future misbehavior. We are aggressive in our pursuit of punitive damages in drunk driving accident claims. Not only does that increase your financial recovery, but it also helps secure a fair settlement from the insurance company as 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 reckless behavior. It is clear to us that anyone who gets behind the wheel while intoxicated is demonstrating a blatant lack of respect for your safety.

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

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Oregon, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including irresponsible drivers think they can do whatever they want and resistant insurance companies whose prioritize more money than morals. For that reason, each of our Oregon-based drunk driving accident lawyers in Illinois has dedicated 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 regularly fine-tuning our lawyer skills to deliver the best results for our clients in Oregon and throughout Illinois. We know your actions did not cause this trying time; someone else's irresponsible behavior did. For knowledgeable, empathetic and tenacious representation, call the Oregon, 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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