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Gurnee Drunk Driving Accident Attorneys
Drunk driving accidents are among the most preventable yet devastating crashes on Illinois roads. Alcohol impairs judgment, slows reaction time, and increases the likelihood of severe injuries or fatalities. If you were injured in a collision caused by an intoxicated driver, you have the right to pursue compensation for your medical expenses, lost wages, and pain and suffering. A Gurnee drunk driving accident attorney can help you hold the responsible party accountable and secure the financial recovery you need. Legal action can also help prevent future tragedies by ensuring reckless drivers face consequences.
In 2023 alone, 294 people were killed in alcohol-related crashes in Illinois, accounting for 23% of all traffic fatalities. Every year, thousands of families experience the devastating effects of drunk driving, from life-altering injuries to wrongful deaths. Victims often face long and painful recoveries, overwhelming medical bills, and emotional distress that lasts far beyond the accident itself. Since 1987, Briskman Briskman & Greenberg has helped injured individuals and grieving families seek justice. Our firm understands how significantly a drunk driving crash can impact your future, and we work tirelessly to pursue the maximum compensation possible. With over 120 five-star reviews on Google, our firm is committed to providing compassionate legal representation for victims of reckless and negligent drivers in Gurnee and across Illinois. If a drunk driver caused your injuries, taking legal action can help you move forward while holding them accountable for their reckless decisions.
What Constitutes Drunk Driving?
Driving under the influence means operating a vehicle while impaired by alcohol or drugs. In Illinois, the legal limit for blood alcohol concentration (BAC) is 0.08%, but impairment begins long before reaching this threshold. A driver with a BAC of 0.06% is twice as likely to be involved in a fatal crash compared to a sober driver. Even a BAC between 0.04% and 0.05% can significantly reduce reaction time and increase the risk of an accident.
Illinois law imposes severe penalties for driving under the influence, including license suspension, fines, and potential jail time. In 2023, the Illinois Secretary of State recorded 21,975 DUI arrests, highlighting how frequently drivers make the reckless choice to drink and drive. This is the most recent data, underscoring that impaired driving remains a persistent danger on Illinois roads. With thousands of arrests each year, many intoxicated drivers put lives at risk before being caught. When a driver’s impairment causes harm to others, they can be held liable for damages through a personal injury lawsuit, ensuring victims receive financial support for medical bills, lost income, and emotional suffering.
Types of Drunk Driving Personal Injury Claims
According to the Illinois DUI Fact Book, the average DUI offender is arrested with a BAC of 0.17, more than twice the legal limit. At this level of intoxication, drivers are 11 times more likely to be involved in a single-vehicle fatal crash. Victims of these reckless actions deserve compensation for the medical care and long-term support they may need.
Victims of drunk driving accidents can pursue legal action in several ways. You may have multiple claims against the at-fault driver and other responsible parties, depending on the circumstances.
Personal Injury Claims
If a drunk driver injured you, you may be entitled to compensation for medical bills, lost income, and emotional distress. Victims often face long recovery periods, requiring surgeries, physical therapy, and ongoing medical treatment. Lost wages from missed work can create financial strain, while the emotional toll of a severe crash may last for years. A Gurnee drunk driving accident attorney can help you seek full compensation for immediate and long-term losses.
Wrongful Death Claims
Families who have lost a loved one in a fatal drunk driving crash may pursue a wrongful death claim to recover damages. Compensation can cover funeral expenses, loss of companionship, and financial support that the deceased would have provided. Surviving family members often face overwhelming grief, compounded by the sudden loss of income and stability. Holding the negligent driver accountable through legal action can provide closure and financial security for those left behind.
Dram Shop Liability
Illinois law allows victims to hold bars, restaurants, and other establishments liable if they served alcohol to a visibly intoxicated driver who later caused an accident. Under the Illinois Dram Shop Act, a business that overserves alcohol to an impaired person may be legally responsible for injuries or deaths that result. Proving dram shop liability requires evidence that the establishment continued serving alcohol despite clear signs of intoxication. A skilled attorney can investigate the circumstances and pursue compensation from both the drunk driver and the business that enabled their reckless behavior.
Punitive Damages
In cases of extreme recklessness, courts may award punitive damages to punish the drunk driver and deter others from making similar choices. Unlike economic and non-economic damages, which compensate victims for losses, punitive damages are a financial penalty for dangerous behavior. These damages are often awarded when a driver had a high blood alcohol concentration (BAC), multiple prior DUIs, or engaged in reckless conduct such as excessive speeding. Seeking punitive damages holds the offender accountable and sends a strong message that drunk driving will not be tolerated.
A Gurnee drunk driving accident lawyer can evaluate your case, identify all liable parties, and pursue the maximum compensation available under Illinois law.
Negligence Per Se in Drunk Driving Cases
Illinois follows the negligence per se doctrine, which means a driver who violates a safety law, such as DUI statutes (625 ILCS 5/11-501), is automatically considered negligent. This legal principle simplifies the burden of proof for injury victims. Instead of proving that the driver acted carelessly, you only need to show that they were legally intoxicated during the crash. Illinois law makes it clear that operating a vehicle with a BAC of 0.08% or higher is illegal, and when a driver exceeds this limit, their actions are presumed negligent in a civil claim.
This doctrine is especially helpful when insurers attempt to dispute liability. If the drunk driver was arrested, charged, or convicted of DUI, their negligence is already established under Illinois law. Even if the driver was below the legal BAC limit, impairment can still be proven through field sobriety tests, erratic driving behavior, and witness observations. A skilled attorney can use police reports, breathalyzer results, toxicology reports, and expert testimony to reinforce your claim. By applying negligence per se, your legal team can focus on proving the extent of your damages rather than arguing about the driver’s liability, strengthening your case for full compensation.
Common Types of Injuries in Drunk Driving Accidents
Drunk driving crashes often result in severe or fatal injuries due to reckless driving behaviors such as speeding, swerving, or running red lights. Victims frequently suffer from the following:
- Traumatic brain injuries (TBI). Head trauma can cause permanent cognitive impairments, memory loss, and difficulty concentrating. Severe TBIs may require lifelong medical care, rehabilitation, or assistance with daily activities.
- Spinal cord injuries. Severe crashes may lead to paralysis or long-term mobility issues, depending on the level of spinal damage. Many victims experience chronic pain, nerve damage, or loss of function in certain parts of the body.
- Broken bones. High-impact collisions often result in fractures that require extensive medical treatment, including surgery and physical therapy. Broken ribs, legs, and arms are common in drunk driving accidents, often leading to long recovery periods.
- Internal organ damage. Blunt force trauma can cause life-threatening injuries to the lungs, liver, or other vital organs. These injuries may not be immediately visible but can result in internal bleeding and require emergency surgery.
- Whiplash and soft tissue injuries. Even at lower speeds, drunk driving accidents can cause significant neck and back pain. Whiplash often leads to stiffness, headaches, and reduced range of motion, sometimes persisting for months after the crash.
The severity of these injuries can alter a victim’s life, limiting their ability to work, care for family members, or enjoy everyday activities. Seeking immediate medical attention and legal assistance can help you receive the treatment and financial compensation you need to recover.
Refuting Evidence in Drunk Driving Cases
Insurance companies often attempt to minimize payouts by questioning liability or challenging the severity of injuries. Some common defenses include:
- Claiming the victim was partially at fault. Illinois follows modified comparative negligence, meaning your compensation could be reduced if you are found partially responsible. Insurers may argue that you were distracted, speeding, or contributed to the crash to reduce their client’s financial liability.
- Disputing the BAC results. Defense attorneys may argue that breathalyzer tests were inaccurate or improperly administered. They might claim that the testing equipment was not calibrated correctly or that the driver’s BAC increased after the crash rather than at the time of the accident.
- Suggesting the injuries were pre-existing. Insurers may try to claim that the crash did not cause your medical issues. They may review past medical records to argue that your injuries existed before the accident, attempting to avoid paying for treatment or long-term care.
- Minimizing the severity of injuries. Insurance adjusters often attempt to downplay injuries, arguing that symptoms are exaggerated or that treatment is unnecessary. Without proper documentation, victims may struggle to prove the full impact of the crash on their health and daily life.
- Blaming outside factors. Insurers may shift blame to poor road conditions, vehicle malfunctions, or another driver’s actions to reduce their policyholder’s liability. This tactic often delays claims and forces victims to fight harder for compensation.
A Gurnee personal injury attorney can counter these arguments by gathering evidence such as surveillance footage, medical records, toxicology reports, and witness testimony. Our team at Briskman Briskman & Greenberg has decades of experience pushing back against these tactics to ensure our clients receive the compensation they deserve. With a strong legal strategy, we work to maximize financial recovery for victims and their families.
Compensation Available for Drunk Driving Accident Victims
Victims of drunk driving crashes may be eligible for several types of damages, including:
- Economic Damages. Economic damages include reimbursement for medical bills, rehabilitation costs, lost wages, and property damage. These damages cover immediate expenses and long-term financial burdens, such as future medical care and loss of earning potential if the injuries prevent the victim from returning to work.
- Non-Economic Damages. Non-economic damages refer to compensation for emotional distress, pain and suffering, and reduced quality of life. Drunk driving accidents often leave victims with lasting trauma, including PTSD, anxiety, and depression, which can impact daily life and relationships.
- Punitive Damages. Punitive damages are additional financial penalties designed to punish reckless behavior and deter future drunk driving incidents. Unlike economic or non-economic damages, punitive damages serve as a penalty against the drunk driver and a warning to others who might make the same reckless decision.
In Illinois, 91% of drivers arrested for DUI lose their driving privileges, but license suspension alone does not provide justice for injury victims. Medical bills, lost income, and emotional distress place a heavy burden on victims and their families. Seeking legal action can help you recover financial support while holding the negligent party accountable for their actions. Compensation from a lawsuit ensures that victims receive the resources needed to rebuild their lives after a preventable tragedy.
Legal Help for Gurnee Drunk Driving Accident Victims
Drunk driving accidents can leave victims with devastating injuries, financial hardship, and emotional trauma. Pursuing legal action can provide the financial support you need to recover while ensuring that reckless drivers face the consequences of their actions. Illinois law allows victims to seek compensation through personal injury claims, wrongful death lawsuits, and dram shop liability cases.
Since 1987, Briskman Briskman & Greenberg has fought for injured victims throughout Gurnee and beyond. Our firm is dedicated to building strong client relationships, understanding the full impact of an accident, and fighting for the justice you deserve. If a drunk driver injured you or a loved one, contact us today to discuss your legal options.
Speak with a Dedicated Gurnee DUI Accident Lawyer About Your Case Today
If you or a loved one was recently injured in a drunk driving accident in Gurnee, seeking the compensation you need to cover your medical bills, lost wages, and other accident-related expenses can feel overwhelming. However, you don’t have to handle this alone. At Briskman Briskman & Greenberg, our Gurnee drunk driving accident lawyers have been fighting for the rights of injury victims and their families since 1987. We offer free consultations to discuss your case, answer your questions, and explain how we can help. To learn more, call Briskman Briskman & Greenberg at (877) 595-4878 or connect with one of our attorneys through our secure online contact form.