Securing justice after a drunk driver's terrible decision left you injured

Drunk Driving Accident Lawyers Toulon, IL

Drunk Driving Accident Lawyers in Toulon, IL. If an irresponsible drunk driver injured you or a loved one, call the Toulon, IL drunk driving accident lawyers immediately at (314) 500-HURT or contact us online for a free consultation. We serve the injured and vulnerable in Toulon and throughout Illinois by defending their rights.

You can do everything you are supposed to to keep other drivers, passengers and pedestrians safe, but irresponsible drivers can still cause unfathomable devastation. 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 Toulon, IL drunk driving accident lawyers at Burger Law to getting the best possible outcomes for our clients and seeing them made whole again. We know the medical bills keep coming in, you are losing time off work and your life is not the same as it before your accident. You do not have to go through this alone. With the compassions, knowledge and unshakable legal advocacy of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of litigating and trying cases, we have secured more than $175 million in verdicts and settlements that the vulnerable in Toulon and throughout Illinois and Missouri were owed. Our initial consultation and investigation is free, and we do not charge any fees until the final verdict or settlement has been reached.

If you were harmed by a careless drunk driver, discover how much your injuries may be worth by utilizing 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 Toulon, 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 a financial recovery for all of your damages. Knowledgeable, accomplished and aggressive drunk driving accident lawyers can ensure you get the best possible financial recovery by:

At Burger Law, we have over 30 years of experience handling all types of auto accident claims and getting full compensation for our clients.

Do I Need Toulon, 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 the driver accepts culpability and your injuries are minor and do not require much medical treatment, it may not be worth it to hire an attorney. However, there are often many good reasons you will want a drunk driving accident lawyer on your side:

  • 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 in their criminal case. Experienced drunk driving accident lawyers will know how to utilize the law in order to get you the results you deserve.
  • The insurance company does not want to pay for all of your damages. While you would like to think insurance companies would fulfill their responsibility when one of their policyholders injures you in a drunk driving accident, that is not always the case. Even in the event that the driver is willing to be held accountable, the insurance company might try to say that your injuries were not actually caused by the accident or that a lawyer will only take money from you. None of that is true, and a talented drunk driving accident lawyer will be able to combat those deceitful tactics and get you the money you are owed.
  • There are multiple parties at fault. While a drunk driver is obviously at fault, other parties may bear partial responsibility, such as the driver's employer. Drunk driving accident lawyers will perform a thorough investigation and identify all liable parties. This is especially important when the policy limits are not sufficient to fully compensate you.
  • Your injuries need extensive medical treatment. The more grave your injuries the higher your medical bills will be, which makes calculating the full value of your damages more difficult, and makes it more likely the insurance company will try to claim they do not have to pay for all of your medical expenses. Persistent 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, there is no risk or obligation when talking to us. Contact 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 you need an attorney to get the best results in your case.

Missouri Drunk Driving Accident Statistics

Understanding just how bad the problem of drinking and driving can be pretty sobering. Every day 28 people die in accidents caused by drunk drivers, or about one death 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 safe driving campaigns and stiff punishments for drunk driving have definitely done a lot to make our communities safer, some careless Toulon, IL residents still make the terrible decision to jeopardize others' safety just so they enjoy themselves and skip on paying for an Uber. If you are hurt as a result, you are owed a full financial recovery and the careless driver needs to pay for what they did. The Toulon, IL drunk driving accident lawyers at Burger Law will use or skills and dedication to see wrongs made right.

The Illinois 2020 Crash Facts states that 19.7 percent of the 1,088 fatal crashes in the state involved alcohol. Alcohol was found in the symptoms of 37.1 percent of 448 deceased drivers who were tested.

How Alcohol Affects Driving | Toulon, IL Drunk Driving Accident Lawyers

While it is only illegal to drink and drive if your blood alcohol concentration is over .008 percent, a level of only .02 percent is enough to substantially hinder someone's driving skills. At .02 percent blood alcohol concentration the body undergoes a decline in visual functions, inability to multi-task, exaggerated confidence and inadequate judgment. At .05 percent - the product of about three alcohol beverages - a motorist suffers from reduced coordination, inability to follow moving objects, challenges using the steering wheel and a slower response to unexpected things on the road. It is vital to do you part in protecting other drivers, passengers and pedestrians and find other ways of transport if you are intoxicated. Regrettably, sometimes you can do everything possible to stay safe and still be left reeling from the horrible and unfair consequences of a reckless Toulon, IL driver not caring about the rules, driving 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 is not enough. Trust in the accomplished and proficient Toulon, IL drunk driving accident lawyers of Burger law to get you the full financial recovery you deserve. Call Burger Law today at (314) 500-HURT to find out the best way to proceed and start on the path to being made whole again.

Drunk Driving Laws in Toulon and Illinois

According 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 DUI 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 resulted in personal injury

Other instances in which the penalty is more severe are:

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How Do You Prove a Drunk Driving Accident Claim in Toulon, 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 defendant failed or was negligent in that duty.
  3. Cause in Fact That your injuries are a direct result of the accident.
  4. Proximate Cause That the defendant's negligence caused the accident that caused your injuries.
  5. Damages That the accident led to tangible loss, such as economic damages like medical bills as well as noneconomic damages. It is important to mention that in personal injury claims you cannot receive compensation for noneconomic damages if you have not sustained a monetary loss.

There are two factors that set drunk driving accidents apart from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that motorists 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 theory 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 under the condition that you can demonstrate that the driver was intoxicated. 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.

While it may seem like that makes a drunk driving case a slam-dunk, 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 imperative to have passionate and talented Toulon, IL drunk driving accident lawyers to stand up for you and fight until you get the best results in your claim.

Is Anybody Else Liable for My Drunk Driving Accident Injuries in Toulon, 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

Many states have what is referred to as a dram shop rule, under which you may be able sue a licensed alcohol vendor after a drunk driving accident if you sustained damages. Illinois' dram shop laws are stipulated 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 be visibly drunk when they were sold alcohol in order for the vendor to be at fault. You just have to demonstrate:

  • That the establishment sold the driver alcohol, which you can demonstrate with recordings, receipts or eyewitness depositions
  • That the customer they sold to was responsible for the drunk driving accident
  • 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 drunk driver was not old enough to drink legally and became inebriated at the private residence.

Each 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 making a claim for the accident, 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 you were injured by a vehicle that was not being driven by the owner, you may be able to file a suit against the owner. In a negligent entrustment case, someone may owe you damages if they permit a third person to use a thing which is under the control of the actor if if permitting the activity creates an inherent risk. In a drunk driving accident case in Toulon, 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 your accident was caused by someone who works 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 hired and directed the driver. Reasons they are liable could include:

Experienced Toulon, IL drunk driving accident lawyers like those at Burger Law have experience with all of these types of cases and know how to get results in them. When you hire us, we start investigating your case right away to find as many liable parties as possible.

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

Civil claims in the United States are based on the principle of making one whole. The concept is that when a person or organization 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 a low-speed crash in a parking lot, that might mean paying for lost wages, physical therapy 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 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 a firm dollar figure. Examples include:
    • Medical expenses — That includes any treatment the day of the injury, surgeries, medications, physical rehabilitation appointments and assistive devices such as wheelchairs. You will also be reimbursed for any medical expenses that will arise 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 permits you to earn a living as you once did, 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 transportation to and from physical therapy appointments, or had to hire a nanny to be able to take care of your kids, you deserve to be compensated for that too.

    If we have to take into consideration future medical costs or lost earning potential, drunk driving accident lawyers will ensure 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 mental effects on your well-being, which can be anything anything from pain when sleeping in certain positions to the emotional impact of not being able to engage in the same activities anymore.
    • Disability for any life-long physical or cognitive difficulties the irresponsible driver caused.
    • Disfigurement if the accident result in permanent scarring.
    • Loss of consortium if you or a loved one's injuries prevent you and your partner from the affection and intimate relationships you grew accustomed to.
    • Loss of society if the injuries your loved ones can no longer share the same counsel and camaraderie they once did.
  3. Punitive damages These are not common in personal injury compensation, and are intended to punish the defendant and deter future misbehavior. When we file a lawsuit against drunk drivers, we always pursue punitive damages. Not only does that maximize your compensation, but it also makes the insurance company nervous because there is no coverage for punitive damages Pursuant to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers may be awarded punitive damagers in personal injury claims for especially appalling conduct. At Burger Law, we believe that anyone who sits in the drivers seat while under the influence is very aware of the danger their actions pose.

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

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Toulon, 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 think it is acceptable to withhold the financial recovery you deserve. For that reason, each of our Toulon-based drunk driving accident lawyers in Illinois has committed their education and abilities to defending the rights of 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 consistently sharpening our lawyer skills to secure the best results for our clients in Toulon and throughout Illinois. We know your actions did not cause this trying time; someone else's horrible decisions did. For knowledgeable, passionate and tenacious representation, call the Toulon, 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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