Drunk Driving Accidents in Illinois

Drunk Driving Accident Lawyers in Hampshire, 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 Hampshire, IL drunk driving accident lawyers immediately at (312) 966-4657 or contact us online for a complimentary consultation. We serve the injured and vulnerable in Hampshire and throughout Illinois by securing them the maximum compensation they are owed.

You can follow all the rules of the road, but reckless drivers can still change your life in an instant. Whether you were driving home from dinner or just running errands, your life was unexpectedly turned upside down through no fault of your own. The Hampshire, IL drunk driving accident lawyers at Burger Law have devoted their lives to helping individuals and families in similar circumstances get peace of mind and maximum compensation when they may be feeling like there was no light at the end of the tunnel. We know the medical bills are piling up, 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. You do not have to go through this alone. With the dedication, knowledge and tenacious legal advocacy of our drunk driving accident lawyers, this too shall pass.

In our more than 30 years of experience, we have gotten over $175 million in verdicts and settlements for our Hampshire, IL clients. Our initial consultation and investigation is free, and we do not charge any fees until you receive the settlement check you deserve.

If you were harmed by a careless drunk driver, discover how much your injuries may be worth by utilizing our free personal injury calculator.

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

Law enforcement will likely seek a guilty verdict in criminal court. However, a personal injury lawyer is still necessary to get you a financial recovery for all of your damages. Talented, accomplished and persistent drunk driving accident lawyers can ensure you get the best possible financial recovery by:

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


Do I Need Hampshire, 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 there is no dispute about who is at fault and your injuries are minor and only require an appointment with your primary care physician, it may not be worth it to hire an attorney. However, many other circumstances require an attorney for the best results:

  • There is a dispute about liability. Drunk drivers who injure people are likely looking at criminal charges as well, 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 on state charges. 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 company does not want to pay for all of your damages. While you would like to think insurance companies would recognize their duty when one of their policyholders drives drunk and injures you, that is not always the case. Even in the event that the driver does take responsibility, the insurance company might try to persuade you that your injuries are pre-existing or they only have to pay for some of your medical care. Those are all lies, and a skilled drunk driving accident lawyer will be able to combat those deceitful tactics and get you the financial recovery you deserve.
  • 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 a bar that overserved the driver. Drunk driving accident lawyers will conduct a thorough investigation and identify anyone who bears responsibility for the accident. This is especially vital when the policy limits are not sufficient to pay for the full scope of your injuries.
  • Your injuries require ongoing care. The more serious your injuries the more medical treatment you will need, which makes valuing your damages more difficult, and motivates the insurance adjuster to try to minimize your damages as much as possible. Persistent and compassionate drunk driving accident lawyers will not only be able to calculate and demand full compensation, but we will ensure you receive all of the medical you need to recover.

At Burger Law, our consultations and initial investigations are free. Reach out to us now at (312) 966-4657 to speak for a candid conversation with a drunk driving accident lawyer familiar with Illinois laws who will be straightforward 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.?

Understanding just how bad the problem of drinking and driving can be pretty 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 deaths have steadily declined in the last 40 years, drunk drivers still account for almost a third of total traffic deaths as of 2018. While safe driving campaigns and harsh punishments for drunk driving have definitely done a lot to make our communities safer, some selfish Hampshire, IL residents still choose to disregard others’ well-being 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 be held responsible for what they did. The Hampshire, IL drunk driving accident lawyers at Burger Law will make sure both of those things come true.

The Illinois 2020 Crash Facts states that almost 20 percent of the 1,088 fatal crashes in the state involved alcohol. Of 448 deceased drivers who were tested for alcohol, almost 40 percent tested positive.

Alcohol’s Impact on Driving Abilities | Hampshire, 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 significantly reduce someone’s abilities behind the wheel. At .02 percent blood alcohol concentration the body undergoes a decline in sight, inability to do two things at once, a change in mood and poor judgment. At .05 percent – reached after roughly three drinks – a motorist suffers from reduced coordination, inability to track movement, difficulty steering and not being able to respond in enough time to unexpected things on the road. It is key to exercise great caution and have a back up plan if you have been drinking. Regrettably, sometimes you can do everything possible to stay safe and still be left reeling from the horrible and unfair consequences of a reckless Hampshire, IL motorist making a selfish decision, getting behind the wheel drunk and injuring you or someone you care about. Just knowing that the negligent driver will likely face criminal charges, steep fees, restrictions on their license and possibly jail time is not enough. You need the knowledgeable and aggressive Hampshire, IL drunk driving accident lawyers of Burger law to get you the full financial recovery you deserve. Call Burger Law today at (312) 966-4657 to find out the best way to proceed and begin on the path to feeling that true justice was achieved.

Drunk-Driving

Drunk Driving Laws in Hampshire 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 driving under the influence becomes “aggravated driving under the influence” and a Class 4 Felony if:

  • The driver had more than two previous DUI offenses
  • An accident occurred 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 later violations are Class X Felonies.

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

Typically, when you are proving negligence in a personal injury claim, you and your drunk driving accident lawyers must prove the following five elements:

  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 accident would not have happened but for the driver’s failure to act in a way that avoided hurting you.
  5. Damages That the accident led to tangible loss, such as monetary damages like lost wages 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 lawsuits different from the majority of personal injury claims. Firstly, 625 ILCS 5/11-1003.1 dictates that motorists have an obligation to “exercise due care to avoid colliding” with other cars, pedestrians and bicyclists. Meaning the first element is a given. Secondly, the legal principle of negligence per se states that anyone who breaks the law 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 inebriated. All your drunk driving accident lawyers will need to show 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 crucial to have committed and experienced Hampshire, IL drunk driving accident lawyers to fight on your behalf and get the financial recovery you deserve.


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

Many states have what is known as a dram shop law, under which you may be able sue a licensed alcohol vendor after a drunk driving accident if the accident caused you injuries. Illinois’ dram shop laws are explained in 235 ILCS 5/6-15 of the Illinois Liquor Control Act. Illinois’ dram shop law is different from 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 depositions
  • That the patron they sold to caused your injuries
  • That the vendor is responsible for the patron being drunk

You can only sue a social host — meaning someone who supplies their private guests with alcohol — if the driver at fault for your injuries was not of legal age to drink and became intoxicated at the party.

Each year the Illinois Comptroller stipulates dram shop liability limits on the maximum amount of money a person or organization 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 caused loss of support or loss of society because of 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 liable for some of your damages. According to the doctrine of negligent entrustment, someone may owe you damages if they permit a third person to use a thing which is under the control of the actor if that would create an unreasonable risk of harm to others. In a drunk driving accident suit in Hampshire, 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 hired and directed the driver. Negligence that could result in liability could include:

Experienced Hampshire, IL drunk driving accident lawyers like those at Burger Law have seen all of these types of claims and know how to hold the appropriate parties liable. When you hire us, we start investigating your case immediately to determine everyone who is responsible for your injuries.

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

Civil claims in the United States are based on the principle of being made whole. The concept is that when a person or organization is responsible for your damages, 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 simple fender-bender, being made whole means recovering compensation money you lost from work while recovering, follow-up doctors’ appointments and the physical strain that is a result of 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 amount of money can be expected to compensate you, but the settlement or verdict should be high enough to encapsulate the terrible loss you have sustained.

You can typically recover three types of damages in a personal injury claim:

  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 objective dollar figure. Examples include:
    • Medical expenses — That includes any emergency room visits, surgeries, medications, physical therapy appointments and in-home care. You will also receive compensation for any treatment, joint replacements or replacement assistive devices you may need in the future.
    • Lost wages and lost earning capacity — You will be reimbursed for full amount of the wages you lost from not being able to work while you recovered. If your injury resulted in a disability that no longer permits 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 gas to and from chiropractic appointments, or had to invest in childcare while you were recovering, you deserve a financial recovery for that too.

    If we have to take into consideration future medical expenses or lost earning capacity, drunk driving accident lawyers will ensure 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 trials you have been put through, which can be anything anything from pain when bending over to tie your shoes to having PTSD anymore.
    • Disability if you have permanent physical or cognitive difficulties because of the accident.
    • Disfigurement if your injuries caused permanent scarring.
    • Loss of consortium if you or a loved one’s injuries prevent you and your significant other from the love and intimate relationships you once had.
    • Loss of society if the injuries impede you from giving or your loved ones from receiving the same counsel and care they once did.
  3. Punitive damages These are not common in personal injury compensation, and are intended to punish the defendant and deter 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 compensation, but it also motivates the insurance company to be fair because punitive damages are not covered under insurance policies 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, our experience tells us that anyone who gets behind the wheel while drunk knows exactly how reckless they are being.

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

Drunk-Driving-Accident

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Hampshire, IL Drunk Driving Accident Lawyers | Burger Law

 

We cannot stand bullies, including selfish drivers do not respect other people’s safety and resistant insurance companies focus more on their profits than doing the right thing. That is why each of our Hampshire-based drunk driving accident lawyers in Illinois has devoted their education and abilities to fighting on behalf of the injured and vulnerable. We are not on TV or billboards. When we are not investigating claims or in the courtroom defending the rights of our clients, our drunk driving accident lawyers are regularly fine-tuning our negotiation and trial skills to secure maximum compensation for our clients in Hampshire and throughout Illinois. We know you deserve it because we know you did nothing to put yourself in this situation; someone else’s selfish decisions did. For the highest standard of legal advocacy, call the Hampshire, IL drunk driving accident lawyers of Burger Law today at (312) 966-4657 or fill out our online form.