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

Drunk Driving Accident Lawyers Yorkville, IL

Drunk Driving Accident Lawyers in Yorkville, IL. If you or a loved one was injured because someone else did not respect your safety and got behind the wheel drunk, call the Yorkville, 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 Yorkville and throughout Illinois by fighting on their behalf so they can focus on healing.

You can do everything right to protect yourself and your loved ones, but careless drivers can still put you in harm's way and unfairly injure you. Whether you were on your way home for your in-laws or lazily driving around on the weekend, all of a sudden your entire life was completely disrupted through no fault of your own. The Yorkville, 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 accumulating, you may not be able to work because of your injuries and your life is not the same as it just a short while ago. We will fight for you until there is nothing left to fight. With the dedication, expertise and aggressive legal representation of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of experience, we have won over $175 million in verdicts and settlements for our Yorkville, IL clients. Talking to us is free, and you do not owe us a thing until the final verdict or settlement has been reached.

If you were injured by a thoughtless drunk driver, find out how much your claim 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 Yorkville, IL Drunk Driving Accident Lawyers Do for My Claim?

The criminal justice system will likely seek a guilty verdict in criminal court. However, you will still need a personal injury lawyer to stand up to the drunk driver in civil court and get you full compensation for your injuries. Knowledgeable, veteran and aggressive drunk driving accident lawyers can ensure you get justice 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 Yorkville, IL Drunk Driving Accident Lawyers for My Claim?

That depends on the specifics of your case, and if you have never had to hire an attorney before it may be difficult to decide when to hire a personal injury lawyer. If there is no dispute about who is at fault and your injuries are minor and only require an appointment with your primary care physician, you may very well be able to get a fair settlement offer from the insurance company. However, there are often many good reasons you will want a drunk driving accident lawyer on your side:

  • The other driver will not admit fault. Drunk drivers who cause accidents are likely looking at criminal charges as well, and may not want to admit fault in order to not face fines, a suspended license and possibly jail time. While a knowledgeable 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 prove that the defendant were drunk and injured you.
  • The insurance company is not being fair. While you would like to think insurance companies would recognize their commitment when one of their policyholders drives drunk and injures you, 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 persuade you that your injuries were not actually caused by the accident or they only have to pay for some of your medical care. None of that is true, and an experienced drunk driving accident lawyer will fight back and let the insurance adjuster know we mean business.
  • There are multiple parties at fault. While a drunk driver is clearly liable, other entities may bear partial responsibility, such as the driver's employer. Drunk driving accident lawyers will thoroughly investigate your claim and identify anyone who bears responsibility for the accident. This is especially beneficial when your damages exceed the driver's insurance policy limits.
  • Your injuries will require medical care in the future. The more serious your injuries the more medical treatment you will need, which makes valuing 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 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 talk for a candid conversation with a drunk driving accident lawyer familiar with Illinois laws who will be straightforward with you about whether we can add to your claim.

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

Understanding just how bad the problem of drinking and driving can be quite sobering. Every day 28 people are killed in accidents caused by drunk drivers, adding up to roughly one death in just under an hour. While drunk driving accidents and fatalities have steadily declined since 1982, drunk drivers are still responsible for three-tenths of all auto related deaths. While organizations such as Mothers Against Drunk Driving and harsh punishments for drunk driving have definitely done wonders for reducing drunk driving, some selfish Yorkville, IL individuals still decide to put others at risk just so they can have a good time and avoid paying for a taxi. If you are injured as a result, you are owed a full financial recovery and the reckless driver needs to pay for the harm they have caused. The Yorkville, 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 alcohol. Of 448 deceased drivers who were tested for alcohol, 37.1 percent tested positive.

Alcohol's Impact on Driving Abilities | Yorkville, IL Drunk Driving Accident Lawyers

While the legal limit for alcohol consumption before driving is .08 percent blood alcohol concentration, a level of just .02 percent is enough to greatly reduce someone's ability to drive. At .02 percent blood alcohol concentration you experience a decline in visual functions, inability to perform two tasks at the same time, an altered mood and loss of judgment. At .05 percent - reached after approximately three drinks - a person experiences lowered coordination, reduced ability to follow movement, difficulty using the steering wheel and a slower response to unexpected things on the road. It is imperative to follow proper road safety and always have someone else drive if you have had too much to drink. Regrettably, sometimes you can commit to protecting others on the road and still experience the horrible and unfair consequences of a dangerous Yorkville, IL motorist making a selfish decision, getting behind the wheel drunk and injuring you or a family member. Just knowing the harsh penalties that come with a DWI conviction does not make you whole again. You need the accomplished and proficient Yorkville, 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 go over your case and begin on the road to being made whole again.

Drunk Driving Laws in Yorkville and Illinois

Under 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 another
  • The driver caused an accident in a school zone that resulted in bodily harm

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 Yorkville, 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 avoid harming you.
  2. Breach of Duty That the defendant did not use reasonable care.
  3. Cause in Fact That the accident resulted in your injuries.
  4. Proximate Cause That the accident would not have happened but for the defendant's breach of duty.
  5. Damages That the negligence was the reason you sustained a loss, such as monetary damages like damage to your car as well as noneconomic damages. In personal injury claims you can only recover noneconomic damages if there were also monetary losses.

There are two aspects that make drunk driving accident cases different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 specifically states that motorists 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 philosophy of negligence per se means that anyone who violates a state statute is negligent as a matter of law. Therefore, in drunk driving cases the first two elements are taken care of as long as you have evidence that the driver was intoxicated. All your drunk driving accident lawyers will need to show is that the driver caused the accident and that that is how you sustained your injuries.

Negligence per se does not mean you will automatically be awarded the financial recovery you deserve; the insurance company will still be motivated to pay you as little as possible. That is why it is vital to have committed and talented Yorkville, IL drunk driving accident lawyers to stand up for you and fight until you get the best results in your claim.

Who Else Can I Sue for My Drunk Driving Accident Injuries in Yorkville, 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 licensed alcohol vendor after a drunk driving accident if you sustained injuries. Illinois' dram shop laws are laid out in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois' dram shop law easier to apply than 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 liable. You just have to show:

  • That the bar or restaurant sold the driver alcohol, which you can demonstrate through security footage, receipts or eyewitness testimony
  • That the customer they supplied alcohol to 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 holds a private party — if the driver at fault for your injuries was under the age of 21 and became intoxicated at the party.

Annually, the Illinois Comptroller places 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, those limits are $77,787.30 for each person making a claim for the accident, or $95,073.37 if the accident caused 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 responsible for some of your damages. In a negligent entrustment claim, someone may owe you damages if they 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 Yorkville, 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, 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. Negligence that could result in liability could include:

While drunk driving accident claims can seem pretty cut-and-dry, it is imperative to hire an experienced Yorkville, 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 Compensation Can I Recover for My Yorkville, IL Drunk Driving Accident Injuries?

The civil court system in the United States is based on the doctrine of making one whole. "Being made whole" means that when another party is at-fault for your injuries, 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 a low-speed crash in a parking lot, that might mean paying for lost wages, follow-up doctors' appointments and the pain and inconvenience involved with rehabilitating from a whiplash injury for a few months. In the most destructive cases, for example if you lose a loved one, 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 figure. Examples include:
    • Medical expenses — That includes any emergency room visits, surgeries, prescription or over-the-counter meds, chiropractic appointments and assistive devices such as vehicle improvements. You will also receive compensation for any medical bills 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 physically able to work. If your injury caused a disability that no longer allows you to earn a living as you once did, you will also be compensated for the salary 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 physical therapy appointments, or had to invest in childcare while you were recovering, you need to be compensated for that too.

    In the case of 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 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 difficulty bending over to tie your shoes to the emotional impact of not being able to engage in the same activities anymore.
    • Disability for any permanent physical or cognitive difficulties the reckless driver caused.
    • Disfigurement if your injuries result in lasting scarring or loss of limb.
    • Loss of consortium if you or a loved one's injuries impede you and your partner from the affection and intimate relationships you once had.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same guidance and camaraderie that was once offered.
  3. Punitive damages These are typically not included in personal injury recoveries, and are intended to punish the defendant and discourage others from making the same mistakes. Punitive damages can — and should — be sought when making a civil claim against a drunk driver. Not only does that increase 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 may be awarded punitive damagers in personal injury claims for especially appalling behavior. At Burger Law, our experience tells us that anyone who sits in the drivers seat while drunk how much of a potential threat they are to other people on the roads.

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

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Yorkville, IL Drunk Driving Accident Lawyers | Burger Law

We hate bullies, including reckless drivers who do not want to take responsibility for their actions 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 Yorkville-based drunk driving accident lawyers in Illinois has pledged their lives to defending the rights 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 regularly sharpening our lawyer skills to secure great recoveries for our clients in Yorkville and throughout Illinois. We know your actions did not cause this trying time; someone else's terrible behavior did. For the highest standard of legal advocacy, call the Yorkville, 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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