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Chicago Drunk Driving Accidents

Chicago Drunk Driving Accident Lawyers

Compassionate assistance when a drunk driver causes an accident in Illinois

There’s no excuse for drunk driving. Drivers who drink at a tavern, at home, at a social function, or for any other reason need to wait until they’re sober before they get into a vehicle. Drunk drivers are extremely dangerous drivers. They weave into other lanes, run through red lights and stop signs, speed, tailgate, and commit many different types of traffic violations that can cause serious injuries or fatalities.

When an impaired driver causes injury to you or a loved one, Gainsberg Law, P.C. is here to fight for the compensation you deserve. Our Chicago drunk driving lawyers work with the police and prosecutors to show the driver who injured you or took the life of your loved one was intoxicated at the time of the accident. We demand full compensation for all your personal and financial damages, including your pain and suffering, medical expenses, lost income, and property damage. We file wrongful death actions if a parent, spouse, or child was killed by a drunk driver.

In one drunk driving case, we obtained $250,000 (the policy limits) for a 25-year-old woman who was struck by a drunk driver while she was crossing the street. Our client sustained left tibia and fibular fractures and a right femur fracture. She had emergency surgery on both legs and was hospitalized for a week after the accident and spent time in a rehabilitation center. We obtained a settlement from the insurance policy of the owner – a person different than the driver.

How can we help?

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How dangerous is drunk driving?

The statistics are alarming. Mothers Against Drunk Driving (MADD) reports that:

  • Every 79 seconds someone is killed or injured in a drunk driving crash.
  • About 31 percent of all traffic crash fatalities in the United States involve drunk drivers (with BACs of .08 g/dL or higher).
  • In 2021, 13,384 people died in alcohol-impaired driving traffic deaths — a 14 percent increase from 2020.

The Office of the Illinois Secretary of State states that in 2021, 330 people died in Illinois due to alcohol-related accidents – about one-fourth of all fatal crashes. About 86 percent of all DUI (driving under the influence of alcohol) arrests were for first-time offenders.

How much alcohol affects a driver’s ability to drive in Chicago?

The Illinois Office of the Secretary of State reports that one can of beer is equivalent to one glass of wine, which is equivalent to one shot of liquor. One drink of these substances equals .54 ounces of pure alcohol. For a 170-pound male:

  • One drink causes a driver’s blood alcohol content (BAC) level to rise to near .01
  • Two drinks cause a driver’s blood alcohol content (BAC) level to rise to .03
  • Three drinks cause a driver’s blood alcohol content (BAC) level to rise to .05
  • Four drinks cause a driver’s blood alcohol content (BAC) level to rise to .08

The average BAC of a driver who is charged with a DUI is .17 – more than TWICE the legal limit

The prestigious Cleveland Clinic summarizes a driver’s ability to drive based on his/her BAC level as follows:

  • BAC 0.0 There’s no alcohol in your blood (you’re sober).
  • BAC 0.02. A driver will feel relaxed and have a slight loss of judgment.
  • BAC 0.05. A driver’s alertness will be lowered and his/her judgment will be impaired.
  • BAC 0.08. A driver’s muscle coordination will likely be reduced. The drivers will find it harder to detect danger. Judgment and reasoning are impaired.
  • BAC 0.10. Reaction time will be reduced. Thinking is slowed. Speech slurs.
  • BAC 0.15. A driver may experience nausea and vomiting, loss of balance, altered moods, and loss of muscle control.

What constitutes driving while intoxicated in Illinois?

Illinois law, like the other US states, makes it illegal to drive if a driver’s BAC level is .08 or higher, or the driver’s ability to drive is impaired. For commercial drivers, the limit is .04. For younger drivers, the limit is just .02. Driving under the influence of drugs is also illegal in Illinois.

There are serious penalties for violating the DUI laws of Illinois, including incarceration, large fines, suspension of the driver’s license, and many other consequences.

It is not a defense to a DUI offense that a driver had a legal right to drink or use drugs that were prescribed by a physician.

Who is responsible for a drunk driving accident in Illinois?

The driver of a car, truck, or any other vehicle that strikes another vehicle, a pedestrian, or a bicycle rider is generally liable for any accidents the driver causes.

Depending on the circumstances, we may also file a personal injury or wrongful death claim against:

  • An employer of the driver
  • An owner of the vehicle if the owner failed to properly monitor their driver
  • A seller (or giver) of alcohol to a minor or someone who was visibly intoxicated when they were served – and who later causes the accident that injured you or killed your loved one

How does a criminal DUI charge affect my personal injury or wrongful death claim?

At Gainsberg Law, our Chicago drunk driving lawyers coordinate your personal injury or wrongful death claim with any DUI charges that are filed. If DUI charges are filed, the criminal case against the driver will proceed first. The police will normally have taken field sobriety tests and chemical tests such as breathalyzer tests to confirm that the driver was intoxicated.

Where possible, we use the conviction or the evidence at the criminal trial to show the driver was intoxicated when he/she caused your accident.

If no criminal charges are filed, we will still work with the police. We also conduct our investigation to show whether a driver was intoxicated or drove negligently.

What types of injuries does drunk driving cause in Chicago?

Drunk driving accidents often cause catastrophic and permanent injuries because the driver is speeding or driving aggressively. Other drivers can’t protect themselves because even if they notice the drunk driver, they have no way of knowing what the drunk driver will do next.

Injuries due to drunk drivers include:

What is the value of my drunk driving accident claim?

When injured in a DUI accident, it is important to contact a knowledgeable Chicago drunk driving accident lawyer as soon as possible to begin the investigation process. Once liability is determined, our attorneys work to secure the level of compensation that your injuries demand. Some examples of compensatory damages include:

  • Immediate medical expenses such as ER care and hospitalizations
  • Long-term medical care costs including rehabilitative care
  • Lost wages
  • Pain and suffering
  • Property damage

We also seek wrongful death damages on behalf of the family members. These damages include the funeral and burial costs, the loss of financial support the decedent would have provided, the loss of guidance and support the decedent would have provided, the loss of consortium, and the family member’s grief and suffering.

At Gainsberg Law, we work with you to get the maximum possible compensation for your case. We document your injuries, work together with doctors and local law enforcement, and negotiate a just settlement for you. If negotiations fail, we are always ready to represent you in court.

Do you have a drunk driving accident lawyer near me?

Gainsberg Law understands how traumatic drunk driving accidents are. We meet clients at our office at 77 W Washington Street, Suite 1215, which is in downtown Chicago. There are two bus stops right near us if transportation is an issue. If you are too immobile or ill to come to our office, we will make alternate arrangements including hospital visits and video conversations.

We’ve been strong advocates for personal injury victims and families for more than 25 years.

Turn to our firm after your Chicago drunk driving accident

Trust the client-centered Chicago accident attorneys of Gainsberg Law P.C. to provide you with experienced representation after an impaired driver causes your injuries or the death of a loved one. We work aggressively to hold the driver and any other responsible parties liable for the unconscionable act of drinking and driving. Our office works for the full compensation your case deserves. We often seek punitive damages in drunk driving cases. Call us today or fill out our contact form to schedule a free consultation.

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