Drunk Driving Accident Lawyers O'Fallon, IL
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Drunk Driving Accident Lawyers in O'Fallon, IL. We all owe it to each other to observe the rules of the road and keep each other safe. When another person gets behind the wheel when they're drunk, they're making an extremely selfish and reckless decision. If you or someone you love was hurt due to that decision, you have a right to pursue justice through financial compensation. Motor vehicle crashes and their injuries are always unforeseen, and the financial consequences from medical costs and lost wages are instant and harsh. Halvorsen Klote's O'Fallon, IL drunk driving accident lawyers have pledged their careers to offering the injured and vulnerable in Missouri and Southern Illinois the same high quality legal representation that large corporations have. If you were injured because another person made the terrible decision to drink and drive, call HK Law today at 866-382-4167 or contact us online.
Drunk Driving Statistics | O'Fallon, IL Drunk Driving Accident Lawyers
Though drunk driving deaths have decreased 45 percent since 1982, there are still far too many people on the O'Fallon, IL roads who put others in danger by drinking and driving. When they do and injure you, the O'Fallon, IL drunk driving accident lawyers of Halvorsen Klote will fight for you to make certain they are held responsible and you get the best possible financial recovery you need to heal.
As stated by reporting from the National Highway Traffic Safety Administration, 28 people are killed each day in drunk driving wrecks, which amounts to one fatality every 52 minutes, and more than 10,000 people a year. According to data from the Centers for Disease Control and Prevention, in both Illinois and Missouri, 2.2 percent of drivers acknowledged driving after having too much to drink within the last month. The annual cost associated with drunk driving collisions nationwide is over $44 billion.
The Missouri Traffic Safety Compendium states that in 2021 alcohol and drug impaired driving contributed to 4,027 motor vehicle collision injuries and 287 fatalities, 8 percent and 28 percent of the state's total auto collision injuries and fatalities, respectively.
The Illinois 2020 Crash Facts reports that 19.7 percent of the 1,088 fatal wrecks in the state involved alcohol. Of 448 drivers who perished and were tested for alcohol, 37.1 percent tested positive.
If you've been hurt because somebody else drove drunk in O'Fallon, IL, call HK Law's drunk driving accident lawyers today at 817-51-HKLAW.
What Are the Drunk Driving Laws and Penalties in My State? | O'Fallon, IL Drunk Driving Accident Lawyers
In both Missouri and Illinois, it is against the law for a person to drive or be in ”actual physical control” of a motor vehicle:
- With a blood alcohol concentration of over .08
- While under the influence of alcohol
- While under the influence of alcoholand/or illegal substances to the point that a person is rendered unable to drive safely
The two states differ a bit in terms of penalties:
- First offense: Up to half a year in jail, fines not exceeding $1,000, a license revocation of 30 days and the possibility of having the ignition interlock device placed in your car.
- Second offense: Up to 1 year in jail, fine of up to $2,000, a license revocation of 1 year and the ignition interlock device placed on your vehicle for at least 6 months.
- Third offense: Up to 4 years in jail, fine no greater than $10,000, a license revocation of 10 years and the an ignition-blocking breathalyzer placed in your car for at least 6 months.
- First offense: Up to 1 year in jail, fines up to $2,500 and a license revocation of 1 year.
- Second offense: A range of 5 to 364 days in prison, fines no greater than $2,500 and a license revocation of 5 years.
- Third offense: A range of 10 days to 7 years in prison, fines no greater than $25,000 and a license revocation for a decade.
Though it's a good thing that there are severe punishments for drunk drivers, it doesn't help you receive compensation for your injuries. Occasionally, drunk drivers can get out of a criminal conviction or plead guilty to a lesser charge. The O'Fallon, IL drunk driving accident lawyers of Halvorsen Klote will still be able to hold them liable in your civil case and get you the best possible financial recovery for your damages.
Below are some informational links and FAQs from your HK Law Drunk Driver Accident Lawyers in O'Fallon, IL:
- Ultimate Guide to Missouri Drunk Driving Accident Laws
- Who Is Liable in a Drunk Driving Accident?
- Can I Sue if My Loved One Was Killed by a Drunk Driver?
- Damages for Victims of Drunk Driving Accidents
- Can I Sue if I Was Hit by a Drunk Driver?
- What Do I Do if I'm Injured by a Drunk Driver?
Who is Liable for My Injuries? | O'Fallon, IL Drunk Driving Accident Lawyers
While a drunk driver is undoubtedly at fault for your injuries according to the negligence per se doctrine, there might be other parties who are responsible. Missouri and Illinois each have what are known as dram shop laws, whereby your drunk driving accident lawyers can assist you in holding a bar, or other licensed alcohol vendor responsible. Again, the laws vary between the two states:
Under Missouri Revised Statute §537.053, your drunk driving accident lawyers must demonstrate two things in order to secure a victory in a dram shop case:
- If the patron was "visibly intoxicated," which means they showed:
- Considerably uncoordinated physical behavior
- Significant physical dysfunction
Revised Statute §537.053 also stipulates that a BAC above .08% by itself is not prima facie, or legally sufficient to prove fault. You and your drunk driving accident lawyers need to demonstrate the bar or restaurant and their employees saw physical impairment, such as:
- Slurred speech
- Spilling their drink
- Knocking other people over
- Extremely impaired motor movements
Illinois's Dram Shop Law is unusual in that the person who caused you injury did not need to be "visibly intoxicated" for a vendor to be at fault. 235 ILCS 5/6-21, the Illinois Liquor Control Act, allows an injured person to file a claim against a licensed liquor vendor if:
- A vendor-patron relationship was established, meaning you can show that the bought alcohol at that specific bar.
- You can show that the alcohol sold by the bar contributed to the drunk driver's intoxication.
- You can prove that the driver's inebriation was the proximate cause of your damages.
Each year, the Illinois Office of Comptroller is required to set liability maximums for Dram Shop claims. As of January 20, 2022 those maximums are:
- $77,787.30 for each person who suffered damages
- $95,073.37 per individual when an injury or death led to either loss of support or loss of society.
What Compensation Can I Receive? | O'Fallon, IL Drunk Driving Accident Lawyers
The recovery you collect will be based on the seriousness of your injuries and the knowledge of your drunk driving accident lawyers. When you hire Halvorsen Klote, we'll fight to get you great compensation for:
Economic damages, including:
- Lost wages for time spent off work recovering
- Lost earning potential if your injuries lead to an impairment that doesn't allow you to perform the tasks of your job anymore
- Medical expenses, for example
- Emergency room bills
- Subsequent doctors appointments
- Physical therapy
- In-home medical care
- Assistive devices such as crutches or necessary improvements to your home
- Future approximated medical costs, such as further physical therapy or prescriptions, or replacement costs for assistive devices or joint replacements
- Transportation costs related to your medical treatment
- Property damage, for example damage to your vehicle
Noneconomic damages, including:
- Pain and suffering
- Mental anguish
- Physical impairment
- Loss of capacity to enjoy life
- Loss of consortium
The O'Fallon, IL drunk driving accident lawyers of Halvorsen Klote have the experience, perseverance, and legal skills needed to get you the best possible financial recovery that you deserve.
Other personal injury cases we take in O'Fallon, IL are:
- What to Do After a Car Accident
- Premises Liability Attorneys
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Auto Crash Attorney
- Truck Crash Lawyers
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O'Fallon, IL Drunk Driving Accident Lawyers | Halvorsen Klote
You should not have to pay because another driver made a reckless decision, and you do not need to go through this confusing process alone. The O'Fallon, IL drunk driving accident lawyers of Halvorsen Klote are compassionate, skilled, and accomplished in holding drunk drivers accountable in O'Fallon, IL for their careless behavior. We keep you informed throughout the duration of your case, and give you every piece of information you require to make the best decision for you and your family. Call the O'Fallon, IL drunk driving accident lawyers of HK Law today at 866-382-4167 or contact us online.
Attorney at Law
Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.
Attorney at Law
Greg Klote is a partner and founder of Halvorsen Klote.
Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.
Attorney at Law
Samantha Orlowski is a practicing attorney Halvorsen Klote.
Samantha joined Halvorsen Klote in 2018 as a law clerk and has since become a practicing attorney. Sam's number one priority is to provide individualized experiences for each client to achieve the best results.