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

Drunk Driving Accident Lawyers Roselle, IL

Drunk Driving Accident Lawyers in Roselle, IL. If you or a loved one was injured because someone else broke the rules of the road and got behind the wheel drunk, call the Roselle, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a no-risk, no-obligation consultation. We serve the injured and vulnerable in Roselle 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 cause unimaginable damage. Whether you were coming back to town after a long weekend or lazily driving around on a Sunday, your life was unexpectedly upended when you did nothing wrong. The Roselle, IL drunk driving accident lawyers at Burger Law have pledged their careers to helping people in similar circumstances get peace and great compensation when they may be feeling like no one could help them. We know the medical bills keep coming in, you may not be able to work because of your injuries and your life is not the same as it in the recent past. This burden is not yours to bear alone. With the compassions, skill and unshakable legal counsel of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of experience, we have gotten more than $175 million in verdicts and settlements for our Roselle, IL clients. Talking to us is free, and we do not charge any fees until you get the great compensation you deserve.

If you were hurt by a selfish 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

View Location

What Can Roselle, IL Drunk Driving Accident Lawyers Do for My Claim?

Law enforcement will likely file charges against the drunk driver who caused the accident. But, you will still need a personal injury lawyer to confront the drunk driver in civil court and get you full compensation for your injuries. Skilled, seasoned and persistent drunk driving accident lawyers can ensure you get justice by:

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

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

That depends on the specifics of your case, and if you have never been injured in an accident before it may be difficult to determine when to hire a personal injury lawyer. If there is no dispute about who is at fault and your injuries are minor and do not require much medical treatment, it probably will not be too difficult to get fair compensation. However, many other circumstances require an attorney for the best results:

  • The drunk driver will not take responsibility for their actions. Drunk drivers who injure people 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 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 utilize their investigative and litigation skills in order to hold the negligent driver accountable.
  • The insurance adjuster does not want to pay for all of your damages. In a perfect world insurance companies would recognize their obligation when one of their policyholders injures you in a drunk driving accident, an insurance adjusters real job is to save the company money, not fairly compensate you. Even if the driver does take responsibility, the insurance company might try to say that your injuries are pre-existing or they only have to pay for some of your medical care. None of that is true, and a skilled 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 clearly liable, other entities may be at fault, such as a bar that overserved the driver. Drunk driving accident lawyers will conduct a thorough investigation and identify all liable parties. Finding other liable parties is vital when the policy limits are not sufficient to fairly compensate you.
  • Your injuries will require medical care in the future. The more grave your injuries the higher your medical bills will be, which makes valuing your damages more complex, and motivates the insurance company to try to devalue your damages as much as possible. Skilled and dedicated drunk driving accident lawyers will not only fight hard to get you the compensation you need and are owed, 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. Call us now at (314) 500-HURT to speak directly to a drunk driving accident lawyer familiar with Illinois laws who will be honest with you about whether the insurance company is offering a fair settlement.

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

Seeing how many people choose to drink and drive can be quite sobering. Every day 28 people die in accidents caused by drunk drivers, adding up to roughly one fatality in just under an hour. While drunk driving accidents and fatalities have consistently been on the decline since 1982, drunk drivers still account for 29 percent of total traffic deaths as of 2018. While organizations such as Mothers Against Drunk Driving and stiff punishments for drunk driving have certainly helped, some reckless Roselle, IL individuals still make the irresponsible decision 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 are owed a full financial recovery and the negligent driver needs to pay for the harm they have caused. The Roselle, 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 one-fifth of the 1,088 accidents that caused fatalities in the state involved a drunk driver. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

Alcohol's Impact on Driving Abilities | Roselle, 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 just .02 percent is enough to significantly impair someone's driving skills. At .02 percent blood alcohol concentration the body undergoes a decline in sight, inability to multi-task, exaggerated confidence and loss of judgment. At .05 percent - reached after approximately three drinks - someone suffers from lowered coordination, inability to track moving objects, difficulty maneuvering and not being able to respond quickly to emergency situations. It is crucial to follow proper road safety and let someone else take the wheel if you are intoxicated. Regrettably, sometimes you can follow all the rules ourselves and still experience the horrible and unfair consequences of a reckless Roselle, IL driver not caring about the rules, driving while intoxicated and harming you or someone you care about. Just knowing that the person who hurt you will face harsh consequences in a criminal case cannot truly compensate you and your family for all of the ways they have impacted your life. Trust in the accomplished and talented Roselle, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to find out the best way to proceed and begin on the road to recovery.

Drunk Driving Laws in Roselle and Illinois

Pursuant to 625 ILCS 5/11-501 of the Illinois Vehicle Code, driving under the influence of alcohol or 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
  • The driver caused a motor vehicle accident that lead to great bodily harm, permanent disability or disfigurement to another
  • The driver caused an accident in a school zone that lead to personal injury

Third and fourth violations are Class 2 Felonies, a fifth violation is a Class 1 Felony, and sixth and ensuing violations are Class X Felonies.

View More FAQs

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

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

  1. Duty of Care That the defendant was required to act in a certain, safe way.
  2. Breach of Duty That the driver did not use reasonable care.
  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 negligence was the reason you sustained a loss, 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 secure a financial recovery for noneconomic damages if you have not sustained a monetary loss.

There are two aspects that set drunk driving accidents apart from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that people who get behind the wheel of a vehicle 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 breaks the law automatically did not act in a reasonable manner to avoid injuring you. 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 demonstrate is that the driver caused the accident and injured you.

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 key to have dedicated and experienced Roselle, IL drunk driving accident lawyers to stand up for you and get the best results in your claim.

Are Any Third Parties Liable for My Drunk Driving Accident Injuries in Roselle, 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 rules allow you to sue a licensed alcohol vendor 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 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 prove:

  • That the establishment sold the driver alcohol, which you can show with recordings, receipts or eyewitness depositions
  • That the customer they supplied alcohol to was responsible for 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 furnishes liquor to a guest in a private residence — if the drunk driver was not old enough to drink legally and became drunk at the party.

Every year the Illinois Comptroller places 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 person incurring damages, or $95,073.37 if the accident led to 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 liable for a portion of your damages. In a negligent entrustment claim, someone may owe you damages 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 case in Roselle, 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 in no condition to operate a vehicle.

The Driver's Employer

If you were injured by a commercial driver, for example in a truck accident, bus accident or rideshare accident, you may be able to make a claim against the company that contracted and directed the driver. Reasons they are liable could include:

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

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

Civil claims in the United States are based on the doctrine of being made whole. The concept is that when a person or organization injures you, you should be paid a dollar amount commensurate to the extent of your damages. In many car accident claims, for example a rear-end accident, that might mean paying for lost wages, follow-up doctors' appointments and the pain involved with rehabilitating from a lower back injury for a relatively short period of time. In the most destructive cases, for example if you or a loved one has permanent disability, no financial recovery can genuinely compensate you, but the financial recovery should be great enough to provide a least some sense of justice.

Damages in a personal injury claim are broken down into three distinct groups:

  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 an unbiased dollar amount. Examples include:
    • Medical expenses — That includes any treatment the day of the injury, surgeries, prescription or over-the-counter meds, physical rehabilitation appointments and in-home care. 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 — Lost wages refer to the pay you lost from not being physically able to work. If your injury caused a long-term or permanent injury 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 transportation to and from medical appointments, or had to send your child to daycare because you could not look after them, you need to be reimbursed for that too.

    In the case of future medical bills 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 burdens you have been put through, which can include anything from pain when sleeping in certain positions to the emotional impact of not being able to engage in the same activities anymore.
    • Disability if you sustained life-long physical or cognitive impairments because of the accident.
    • Disfigurement if your injuries caused permanent scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries prevent you and your partner from the companionship and intimate relationships you grew accustomed to.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same counsel and camaraderie they once did.
  3. Punitive damages These are not common in personal injury compensation, and are meant to punish the defendant and discourage future misbehavior. 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 puts the insurance company on their heels because punitive damages are not covered under insurance policies Pursuant to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can seek punitive damagers in personal injury claims for especially dangerous conduct. At Burger Law, our experience tells us that anyone who gets behind the wheel while intoxicated how much of a potential threat they are to other people on the roads.

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

Call Burger Law Now

Roselle, IL Drunk Driving Accident Lawyers | Burger Law

We cannot stand bullies, including reckless drivers do not value other people's safety and resistant insurance companies who care more about money than morals. That is why each of our Roselle-based drunk driving accident lawyers in Illinois has devoted their education and abilities to fighting on behalf of the injured and vulnerable. You will not see us on TV or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are constantly fine-tuning our negotiation and trial skills to get the best results for our clients in Roselle and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's horrible actions did. For the highest standard of legal advocacy, call the Roselle, IL drunk driving accident lawyers of Burger Law today at (314) 500-HURT or fill out our online form.

Request a Free Consultation


“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

Hurt? Hire Us Today or call (314) 500-HURT

Other Locations

Schema