Getting you the compensation you deserve after someone else's reckless decision left you injured

Drunk Driving Accident Lawyers Troy, IL

Drunk Driving Accident Lawyers in Troy, IL. If a thoughtless drunk driver hurt you or a loved one, call the Troy, 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 Troy and throughout Illinois by standing up to bullies and getting them the financial recovery they deserve.

You can follow all the rules of the road, but drunk drivers can still put you in harm's way and unfairly injure you. Whether you were on your way to a sports game or just running errands, all of a sudden your entire life was completely disrupted through no fault of your own. The Troy, 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 keep coming in, you you cannot earn a living right now and your life is not the same as it just a short while ago. This burden is not yours to bear alone. With the commitment, knowledge and forceful legal representation of our drunk driving accident lawyers, this too shall pass.

In our over 30 years of litigating and trying cases, we have gotten over $175 million in verdicts and settlements for our Troy, IL clients. Talking to us is free, and we do not charge any fees until the final verdict or settlement has been reached.

If you were injured by a thoughtless drunk driver, find out how much your damages may be worth by using 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 Troy, 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 the monetary reimbursement you are owed. Talented, seasoned and persistent 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 Troy, 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 accident. 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, there are many situations in which a drunk driving accident lawyer is the only way to get fair compensation:

  • The other driver will not admit fault. Drunk drivers who cause injuries are likely looking at criminal charges as well, and may be motivated not to cooperate in order to not face fines, a suspended license and possibly jail time. 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 utilize the law in order to get you the results you deserve.
  • The insurance company refuses to offer a full settlement. While you would like to think insurance companies would fulfill their commitment 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 in the event that the driver does take responsibility, the insurance company might try to convince you that your injuries are the result of other trauma or you waited too long to seek medical treatment. None of that is true, and an experienced drunk driving accident lawyer will be able to combat those deceitful tactics and get you the financial recovery you are owed.
  • The drunk driver is not the only one responsible. While a drunk driver is clearly at fault, other parties may be at fault, such as the driver's employer. Drunk driving accident lawyers will thoroughly investigate your claim and identify all liable parties. This is especially important when the policy limits are not sufficient to properly compensate you.
  • Your injuries need extensive medical treatment. The more severe your injuries the higher your medical bills will be, which makes calculating the full value of your damages more difficult, and motivates the insurance company to try to minimize your injuries as much as possible. Persistent and knowledgeable 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, we answer all of your questions for free. Reach out to us now at (314) 500-HURT to talk for a candid conversation with a drunk driving accident lawyer experienced with Illinois laws who will be straightforward with you about whether the insurance company is offering a fair settlement.

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

Drunk driving statistics can be pretty sobering. Every day there are about 28 fatal drunk driving accidents, or about one death in just under an hour. While drunk driving accidents and fatalities have steadily declined in the last four decades, drunk drivers still account for almost a third of total traffic fatalities as of 2018. While safe driving campaigns and harsh punishments for drunk driving have certainly helped, some careless Troy, IL individuals still make the irresponsible decision to disregard others' well-being because of a misplaced self-centeredness. When that happens and you or a loved one are injured, you are owed a full financial recovery and the reckless driver needs to be held accountable for what they did. The Troy, 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 one-fifth of the 1,088 fatal crashes in the state involved alcohol. Of 448 deceased drivers who were tested for alcohol, 37.1 percent tested positive.

Alcohol's Impact on Driving Abilities | Troy, 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 sufficient to considerably 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 - the product of roughly three alcohol beverages - someone experiences lowered coordination, inability to trace movement, difficulty maneuvering and a slower response to emergency situations. It is vital to follow proper road safety and always have someone else drive if you are not in the best condition to drive. Regrettably, sometimes you can follow all the rules ourselves and still be left to pick up the pieces after the catastrophic consequences of a dangerous Troy, IL motorist making a selfish decision, getting behind the wheel while intoxicated and injuring 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. Trust in the experienced and skilled Troy, 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 find out the best way to proceed and begin on the road to feeling that true justice was achieved.

Drunk Driving Laws in Troy and Illinois

Pursuant 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
  • An accident occurred 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 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 Troy, IL?

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

  1. Duty of Care That the defendant had a responsibility to avoid harming you.
  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 accident would not have happened but for the defendant's failure to act in a way that avoided hurting you.
  5. Damages That the negligence was the reason you sustained a loss, such as economic damages like medical bills as well as pain and suffering. In personal injury claims you can only recover noneconomic damages if there were also monetary losses.

There are two factors that make drunk driving accident claims different from most other personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that drivers are legally compelled to "exercise due care to avoid colliding" with pedestrians or other vehicles. Meaning a driver automatically owed you a duty of care. Secondly, the legal principle 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 granted automatically under the condition that you have evidence that the driver was driving drunk. All your drunk driving accident lawyers will need to prove is that the driver caused the accident and your injuries.

Negligence per se does not mean you will automatically get the compensation you deserve; the insurance company will still be motivated to pay you as little as possible. That is why it is key to have aggressive and talented Troy, IL drunk driving accident lawyers by your side to fight until you get the best results in your claim.

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

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

A Bar, Restaurant or Social Host

Dram shop laws allow you to 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 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 a vendor-patron relationship existed, which you can demonstrate through surveillance video, receipts or eyewitness depositions
  • That the patron they served was responsible for the drunk driving accident
  • That the vendor is responsible for the patron being drunk

You can only sue a social host — meaning someone who furnishes liquor to a guest in a private residence — if the drunk driver was under the age of 21 and became drunk at the private residence.

Annually, the Illinois Comptroller sets dram shop liability limits on the maximum amount of money someone can be required to pay in a dram shop claim. 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 due to the wrongful death of a loved one.

The Owner of the Vehicle

If the driver was driving someone else's car, the owner may be responsible for some of your damages. According to the philosophy of negligent entrustment, it is negligent to 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 case in Troy, 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 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 hired and directed the driver. Reasons they are liable could include:

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

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

Tort claims in the United States are based on the principle of being made whole. The idea behind the doctrine is that when someone is to blame for your injuries, 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, being made whole means recovering compensation for lost wages, follow-up doctors' appointments and the physical strain that is a result of rehabilitating from a lower back injury for a little while. In the most tragic cases, for example if you or a loved one becomes paralyzed, no amount of money can truly make you whole, but the financial recovery 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 objective dollar amount. Examples include:
    • Medical expenses — That includes any urgent care, surgeries, prescription or over-the-counter meds, physical rehabilitation appointments and in-home care. You will also be reimbursed for any medical expenses that we expect to arise 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 disability that no longer permits you to perform the tasks required of your job, 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 medical appointments, or had to invest in childcare while you were recovering, you deserve a financial recovery for that too.

    If your injuries result in future medical expenses or lost earning capacity, drunk driving accident lawyers will make sure the settlement or verdict amount 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 effects on your well-being, which can be anything anything from difficulty standing up and sitting down to the emotional impact of not being able to pick up your kids anymore.
    • Disability if you sustained life-long physical or cognitive challenges because of the accident.
    • Disfigurement if the accident result in permanent scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries impede you and your spouse from the love and intimate relationships you once shared.
    • Loss of society if the injuries your family can no longer share the same counsel 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 deter future misbehavior. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that help secure you the money you deserve, but it also motivates the insurance company to be fair as their policyholders do not pay for punitive damages in their policies According to 735 ILCS 5/2-604.1, you and your drunk driving accident lawyers can seek punitive damagers in personal injury claims for especially egregious behavior. At Burger Law, we believe that anyone who gets behind the wheel while drunk how much of a potential threat they are to other people on the roads.

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

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Troy, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including irresponsible drivers do not respect other people's safety and resistant insurance companies who care more about think it is acceptable to withhold the money you deserve. That is why each of our Troy-based drunk driving accident lawyers in Illinois has devoted their education and abilities to standing up for the injured and vulnerable. We have no interest in TV commercials or billboards. When we are not investigating and litigating cases, our drunk driving accident lawyers are regularly fine-tuning our abilities to get the best results for our clients in Troy and throughout Illinois. We know you did nothing to become injured; someone else's selfish decisions did. For the highest standard of legal advocacy, call the Troy, 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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