Getting you the compensation you deserve after a drunk driver's reckless decision left you injured

Drunk Driving Accident Lawyers Shiloh, IL

Drunk Driving Accident Lawyers in Shiloh, IL. If a selfish drunk driver hurt you or someone you care about, call the Shiloh, 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 Shiloh 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 drunk drivers can still cause incredible devastation. Whether you were on your way home for your in-laws or lazily driving around on the weekend, your life was immediately upended when you did nothing wrong. The Shiloh, 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 piling up, you you cannot earn a living right now and your life is not the same as it before your accident. We will fight for you until there is nothing left to fight. With the compassions, knowledge and tenacious legal advocacy 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 for our Shiloh, IL clients. Our case reviews are no-risk, no-obligation, and you do not owe us a thing until you get the best possible financial recovery you deserve.

If you were injured by a thoughtless drunk driver, discover how much your damages may be worth by utilizing our free personal injury calculator.

Southern Illinois

Southern Illinois

521 W. Main Street
Suite 201 O
Belleville, IL 62220

Phone: (618) 500-4878

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What Can Shiloh, 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 full compensation for your injuries. Talented, seasoned and tenacious 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 Shiloh, 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 there is no dispute about who is at fault and your injuries are minor and do not require much medical treatment, 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 drunk driver will not take responsibility for their actions. Drunk drivers who cause accidents will go in front of a judge in criminal court, and may be motivated not to cooperate 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 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 refuses to offer a full settlement. Ideally insurance companies would recognize their obligation when one of their policyholders decides to make a irresponsible decision that winds up injuring you, far too often that does not happen. Even if the driver does take responsibility, the insurance company might try to say that your injuries are pre-existing or that a lawyer will only take money from you. Those are all lies, and a knowledgeable drunk driving accident lawyer will be able to combat those deceitful tactics and get you the money you are owed.
  • 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 the driver's employer. Drunk driving accident lawyers will carry out a thorough investigation and identify everyone whose negligence contributed to your injuries. This is especially beneficial when the policy limits are not sufficient to pay for the full scope of your injuries.
  • Your injuries are severe. The more severe your injuries the more medical treatment you will need, which makes calculating the full value of your damages more complex, and motivates the insurance adjuster to try to minimize your damages as much as possible. Aggressive and knowledgeable drunk driving accident lawyers will not only be able to calculate and demand full compensation, but we can connect you to trusted physicians to make sure you get the medical treatment you need.

At Burger Law, we answer all of your questions for free. Call us now at (314) 500-HURT to talk for a candid conversation with a drunk driving accident lawyer familiar with Illinois laws who will be honest with you about whether it is worth it or not for you to hire an attorney for your claim.

How Often Do Drunk Driving Accidents Happen in Missouri and the U.S.?

Seeing how many people choose to drink and drive can be pretty sobering. Every day there are about 28 fatal drunk driving accidents, or about one fatality every 52 minutes. While drunk driving accidents and fatalities have consistently declined since 1982, drunk drivers still account for three-tenths of total traffic fatalities as of 2018. While awareness campaigns and stiff punishments for drunk driving have definitely done wonders for reducing crashes, injuries and deaths, some reckless Shiloh, IL individuals still choose to put others at risk just so they enjoy themselves and avoid paying for a rideshare. If you are hurt as a result, you deserve to be fairly reimbursed with a maximum recovery and the negligent driver needs to pay for the harm they have caused. The Shiloh, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

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 | Shiloh, 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 enough to greatly hinder someone's abilities behind the wheel. At .02 percent blood alcohol concentration you experience a decline in sight, inability to do two things at once, an altered mood and inadequate judgment. At .05 percent - reached after about three alcohol beverages - someone suffers from reduced coordination, reduced ability to follow moving objects, difficulty steering and not being able to respond in enough time to unexpected things on the road. It is vital to exercise great caution and find other means of getting home if you have been drinking. Unfortunately, sometimes you can follow all the rules ourselves and still be left reeling from the horrible and unfair consequences of a thoughtless Shiloh, IL motorist disregarding your safety, getting behind the wheel while intoxicated and harming you or someone you care about. Just knowing that the person who hurt you will face harsh repercussions in a criminal case is not enough. You need the experienced and aggressive Shiloh, IL drunk driving accident lawyers of Burger law to to see things made right. Call Burger Law today at (314) 500-HURT to go over your case and begin on the road to healing.

Drunk Driving Laws in Shiloh and Illinois

According to 625 ILCS 5/11-501 of the Illinois Vehicle Code, drunk or drug impaired driving is a Class A Misdemeanor. However, a it 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 someone else
  • 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 later violations are Class X Felonies.

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How Do You Prove a Drunk Driving Accident Claim in Shiloh, 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 act in a way that kept you safe.
  3. Cause in Fact That the accident led to your injuries.
  4. Proximate Cause That the driver's breach of duty was the direct cause of the accident.
  5. Damages That the accident led to tangible loss, such as economic damages like lost wages as well as emotional distress. In personal injury claims you can only recover noneconomic damages if there were also economic damages.

There are two aspects that make drunk driving accident claims different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that motorists 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 philosophy of negligence per se states that anyone who violates a state statute automatically did not act in a reasonable manner to avoid injuring you. Therefore, in drunk driving cases the first two elements are taken care of under the condition that you have evidence that the driver was driving drunk. All your drunk driving accident lawyers will need to demonstrate is that the driver caused the accident and your injuries.

Negligence per se does not mean you will automatically be awarded the compensation you are owed; the insurance company will still be motivated to pay you as little as possible. That is why it is critical to have committed and experienced Shiloh, IL drunk driving accident lawyers to fight on your behalf and get the best results in your claim.

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

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

A Licensed Alcohol Vendor or Social Host

Many states have what is called a dram shop rule, under which you may be able sue a licensed alcohol vendor after a drunk driving accident if you were harmed. Illinois' dram shop laws are specified in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law more liberal than 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 someone underage. You just have to demonstrate:

  • That the establishment sold the driver alcohol, which you can show through surveillance video, receipts or eyewitness testimony
  • That the patron they served was responsible for your injuries
  • 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 holds a private party — if the driver responsible for your injuries was under the age of 21 and became inebriated at the private residence.

Each year the Illinois Comptroller sets dram shop liability limits on how much a establishment or social host is required to pay out. As of Jan. 20, 2022, the maximum is $77,787.30 for each person making a claim for the accident, or $95,073.37 if the accident led to 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, you may be able to make a claim against the owner. According to the doctrine of negligent entrustment, it is negligent to 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 suit in Shiloh, 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 in no condition to operate a vehicle.

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, you may be able to make a claim against the company that contracted and directed the driver. Examples of negligence on the part of the employer could include:

Experienced Shiloh, 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 case immediately to determine everyone who is responsible for your injuries.

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

The civil court system in the United States is based on the theory of making one 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 money you lost from work while recovering, chiropractic appointments and the pain that is a result of rehabilitating from a neck injury for a relatively short period of time. In the worst cases, for example if you or a loved one has permanent disability, no amount of money can genuinely 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 injury. It is an unbiased dollar figure. Examples include:
    • Medical expenses — That includes any emergency room visits, surgeries, medications, chiropractic 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 — Lost wages refer to the pay you lost from not being able to work while you recovered. If your injury caused a long-term or permanent injury that no longer permits you to work, you will also be compensated for the money you would have made in the future, but for the injuries.
    • 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 need to be compensated for that too.

    If your injuries result in future medical bills or lost earning capacity, drunk driving accident lawyers will ensure the recovery 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 hardships you have been put through, which can be anything anything from difficulty sleeping in certain positions to the emotional impact of not being able to exercise the same way anymore.
    • Disability for any permanent physical or cognitive difficulties the accident caused.
    • Disfigurement if the accident result in lasting scarring.
    • Loss of consortium if you or a loved one's injuries prevent you and your partner from the companionship and intimate relationships you once shared.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same counsel and care that was once offered.
  3. Punitive damages These are typically not included in personal injury compensation, and are intended 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 maximize your financial recovery, but it also puts the insurance company on their heels 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. At Burger Law, we believe that anyone who drives intoxicated is very aware of the danger their actions pose.

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

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Shiloh, 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 whose prioritize more their profits than doing the right thing. For that reason, each of our Shiloh-based drunk driving accident lawyers in Illinois has pledged their careers to standing up for the injured and vulnerable. We have no interest in TV or billboards. When we are not working relentlessly on one of our client's claims, our drunk driving accident lawyers are consistently sharpening our lawyer skills to get maximum compensation for our clients in Shiloh and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else's dangerous behavior did. For the highest standard of legal advocacy, call the Shiloh, 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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