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Berwyn Drunk Driving Accident Lawyer

If you or a loved one was hurt in a drunk driving accident near Berwyn, you already know how devastating the aftermath can be. Medical bills pile up, you may be missing work, and the person who caused your pain might face little more than a slap on the wrist in criminal court. That is not justice. At Briskman Briskman & Greenberg, we believe you deserve real accountability, and we fight to get it for you. Whether the crash happened on Cermak Road, near the Berwyn Metra station, or on the Eisenhower Expressway (I-290) heading into Chicago, our team is ready to help.

The Drunk Driving Problem in Berwyn and the Greater Chicago Area
Illinois Law and Your Rights After a Drunk Driving Crash
Dram Shop Liability: Can You Sue the Bar That Served the Driver?
What Compensation Can You Recover After a Berwyn Drunk Driving Accident?
Why Choose Briskman Briskman & Greenberg for Your Berwyn Drunk Driving Case?
FAQs About Berwyn Drunk Driving Accidents

The Drunk Driving Problem in Berwyn and the Greater Chicago Area

Berwyn sits just west of Chicago along the Eisenhower Expressway corridor, making it a high-traffic area where impaired drivers pose a constant danger. Residents commuting into the Loop, heading to Brookfield Zoo, or driving through the busy Roosevelt Road corridor share the road with drivers who should never have gotten behind the wheel.

The numbers tell a sobering story. The National Highway Traffic Safety Administration estimates 47% of Illinois motor vehicle fatalities involve alcohol. Nationally, drunk driving was responsible for 12,429 deaths in 2023, according to the NHTSA. That works out to roughly 34 people killed every single day across the country.

Here in Illinois, the legal blood alcohol concentration (BAC) limit under 625 ILCS 5/11-501 is 0.08% for non-commercial drivers over 21. But impairment starts well before that threshold. Alcohol, even in small amounts, causes physical and psychological changes that can impact your ability to drive safely, and according to the World Health Organization, the risk of a crash increases significantly once your BAC reaches 0.04.

Repeat offenders make the problem worse. One-third of people arrested for drunk driving have previous DUI convictions, and 50-75% of those convicted of a DUI continue to drive while their license is suspended. That means the driver who hit you may have done this before. You deserve a legal team that takes that seriously.

Our Chicago personal injury lawyer team understands the local roads, the local courts, and the full scope of Illinois law. When you call us, you get attorneys who know how to build a case and fight for maximum compensation.

Illinois Law and Your Rights After a Drunk Driving Crash

Illinois has strong laws designed to protect victims of drunk driving accidents. Understanding those laws helps you know exactly what rights you have after a crash.

Under 625 ILCS 5/11-401, any driver involved in a crash resulting in personal injury or death must immediately stop and remain at the scene. Leaving the scene is a serious felony. Specifically, failing to stop is a Class 4 felony, and failing to report the crash when the accident results in death is a Class 1 felony. The Secretary of State must also revoke the driving privileges of anyone convicted under this statute. So if the drunk driver fled the scene after hitting you, they face criminal consequences on top of civil liability.

On the civil side, you have two years from the date of your injury to file a personal injury lawsuit under 735 ILCS 5/13-202. Missing that deadline almost always means losing your right to recover. Do not wait. Contact our drunk driving attorney team right away so we can begin building your case before evidence disappears.

Illinois also uses a modified joint and several liability rule under 735 ILCS 5/2-1117. Any defendant whose fault is 25% or greater of the total fault is jointly and severally liable for all damages. That means if multiple parties share responsibility for your crash, you may be able to recover your full damages from any one of them.

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction, including the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. These criminal penalties do not put money in your pocket. A civil lawsuit does.

Dram Shop Liability: Can You Sue the Bar That Served the Driver?

Many people do not realize that the drunk driver may not be the only party you can hold responsible. Illinois’s Dram Shop Act, found at 235 ILCS 5/6-21, gives you the right to sue the bar, restaurant, or liquor store that served the driver who hurt you.

Under Section 6-21(a), every person injured in Illinois by an intoxicated person has a right of action against any licensed seller of alcoholic liquor who caused that intoxication by selling or giving alcohol to the driver. This includes bars near Berwyn’s Ogden Avenue strip, restaurants along Cermak Road, and any other licensed establishment that over-served the driver before they got behind the wheel.

The law also extends liability to property owners. Any person who owns or leases a building and knowingly permits the sale of alcoholic liquor there can be held jointly liable if that alcohol caused someone’s intoxication and resulting injury. So if a private party host or a venue operator allowed someone to drink to the point of impairment, they may share responsibility for your injuries.

One important deadline: under 235 ILCS 5/6-21, dram shop actions must be filed within one year after the cause of action accrued. That is a shorter window than the two-year personal injury statute of limitations. If you think a bar or restaurant played a role in your crash, call us immediately. Our experienced drunk driving attorneys know how to pursue dram shop claims alongside your personal injury case to maximize your recovery.

The Dram Shop Act caps do apply to certain categories of damages, but those limits are adjusted annually by the Comptroller. Multiple types of damages, including personal injury, property damage, and loss of means of support, can each be claimed separately, which means your total recovery can exceed a single cap in appropriate cases.

What Compensation Can You Recover After a Berwyn Drunk Driving Accident?

When a drunk driver causes your injuries, the financial impact can be enormous. You should not have to bear those costs alone. Illinois law allows victims to pursue several categories of damages in a personal injury lawsuit.

Economic damages cover your out-of-pocket losses. These include past and future medical bills, lost wages, reduced earning capacity, rehabilitation costs, and property damage to your vehicle. If you were hurt on I-290 near Berwyn or on a local road like Harlem Avenue, the cost of emergency care, surgeries, and long-term physical therapy can quickly reach six figures or more.

Non-economic damages cover the human toll of your injuries. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for your spouse are all compensable. These damages can be substantial, especially when a drunk driver causes permanent injuries like spinal cord damage or traumatic brain injuries.

In cases involving especially reckless conduct, Illinois courts can also award punitive damages. Drunk driving is exactly the kind of willful, wanton behavior that can support a punitive damages claim. These damages go beyond compensation and are meant to punish the wrongdoer and deter others.

Our drunk driving lawyers work with medical experts, accident reconstructionists, and financial professionals to build the strongest possible case for your full damages. We do not settle for less than you deserve.

Why Choose Briskman Briskman & Greenberg for Your Berwyn Drunk Driving Case?

Choosing the right legal team after a drunk driving accident is one of the most important decisions you will make. At Briskman Briskman & Greenberg, we have been fighting for injured people throughout the Chicago area, including Berwyn, Cicero, Oak Park, and the surrounding Cook County communities, for decades. We know the Daley Center courthouse. We know Cook County judges and how they handle these cases. That local knowledge matters.

We handle drunk driving accident cases on a contingency fee basis. That means you pay nothing unless we recover money for you. There are no upfront costs and no hourly fees. You can focus on healing while we focus on your case.

Our drunk driving lawyer team investigates every angle of your case. We gather police reports, subpoena bar records, obtain surveillance footage from local businesses, and work with accident reconstruction experts to prove what happened. We also look at every potential defendant, including the driver, any bars or restaurants that served them, and any other parties whose negligence contributed to your crash.

We also handle cases involving recreational vehicles and other types of impaired driving incidents. Our drunk driving lawyers handle the full range of impaired driving cases across the Chicago metro area.

Time is critical. Evidence fades, witnesses forget details, and the one-year dram shop deadline can sneak up on you. Call Briskman Briskman & Greenberg today for a free consultation. We are ready to listen, answer your questions, and tell you exactly what your case may be worth.

FAQs About Berwyn Drunk Driving Accidents

How long do I have to file a lawsuit after a drunk driving accident in Illinois?

Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a personal injury lawsuit in Illinois. However, if you plan to sue a bar or restaurant under the Illinois Dram Shop Act (235 ILCS 5/6-21), you only have one year from the date the cause of action accrued. Because these deadlines are different, it is important to contact an attorney as soon as possible after your accident so you do not miss either window.

Can I sue the bar that served the drunk driver who hit me?

Yes, in many cases you can. Illinois’s Dram Shop Act at 235 ILCS 5/6-21 gives injured victims the right to sue any licensed seller of alcohol who caused a driver’s intoxication by selling or giving them alcohol. If a Berwyn bar, restaurant, or other licensed establishment over-served the driver before the crash, they may share legal responsibility for your injuries. Property owners who knowingly allowed alcohol to be sold on their premises can also be held liable.

What if the drunk driver fled the scene after hitting me?

Illinois law under 625 ILCS 5/11-401 requires any driver involved in a crash causing personal injury or death to stop and remain at the scene. Leaving is a felony. Even if the driver fled, you still have legal options. Your own uninsured or underinsured motorist coverage may apply. Our attorneys can also work to identify the driver through surveillance footage, witness accounts, and police investigation, and pursue all available sources of recovery on your behalf.

What types of damages can I recover in a drunk driving accident case?

You can pursue economic damages like medical bills, lost wages, future medical costs, and property damage. You can also recover non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving especially reckless conduct, Illinois courts may also award punitive damages. Because drunk driving involves willful and wanton behavior, punitive damages are a real possibility in many of these cases, and they can significantly increase your total recovery.

Do I need a lawyer if the drunk driver’s insurance company already offered me a settlement?

You should absolutely speak with an attorney before accepting any settlement offer. Insurance companies often make early, low offers hoping you will accept before you know the full extent of your injuries or your legal rights. Once you sign a release, you typically cannot go back for more money, even if your medical costs turn out to be far higher than expected. At Briskman Briskman & Greenberg, we offer free consultations and can evaluate whether the offer truly reflects the full value of your claim before you make any decisions.

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The overall experience I had with Briskman Briskman & Greenberg was the kind that everyone should receive from any firm.

The staff stayed in contact with me via phone and email, they were very knowledgeable, they made sure I understood what was going on at all times, they answered all of my questions, were transparent, and definitely exceeded my expectations. I highly recommend them.

- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

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I was put to ease with the professionalism at Briskman and Briskman.

Paul Greenberg especially put my mind to rest and within a years time I have settled my case and I am very satisfied with the outcome. My injury was devastating but working with this law firm has put a lot of stressful nights to rest.

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I needed a personal injury lawyer and Gavin and his team went above and beyond.

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- Ted Zakrzewski

Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers (BBG) is a legal team you want on your side.

They handled my case in a professional, sensitive and very competent manner. The staff exhibits expertise in the legal realm and provided excellent customer support and care. Thanks BBG for your help with navigating a very sensitive and challenging case for my family.

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If you were in an accident and need an excellent lawyer, talk to Paul!!

Very nice and professional lawyer that extremely cares about their clients. Fingers crossed I'm never in an accident ever again but if so, I' would definitely, 10/10 use Paul again!

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From the moment I contacted this law firm I was treated like family.

Gavin Pearlman was honest and upfront with me throughout the process. No surprises and never kept me hanging. I strongly recommend These attorneys for your needs.

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I cannot say enough good things about the attorneys at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers.

They were extremely responsive, professional, and compassionate throughout the entire process.Their negotiations skills were exceptional, and they were able to secure a settlement that far exceeded my expectations.I am grateful to have had such a dedicated team