Ryan Bradley | July 25, 2025 | Car Accident
Key Takeaways:
- You may be entitled to more than basic damages. Missouri allows punitive damages against drunk drivers, meaning you could recover more than compensation to cover your losses.
- Time is your enemy. Traffic camera footage disappears, witnesses forget, and Missouri’s statute of limitations doesn’t wait. Acting fast after a DUI crash increases your compensation potential.
- The criminal case isn’t your only shot at justice. Even if the drunk driver beats criminal charges, you can still win significant compensation with a personal injury lawsuit in civil court.
You’re just driving home from work, and in a split second, a drunk driver shatters everything: your health, your car, and your ability to work and provide for your family. Now you’re facing steep medical bills and wage losses, and are wondering how you’ll manage your future.
Here’s what many victims don’t know: you may not be limited to simply covering your bills because state law recognizes that drunk driving is not just negligent; it’s reckless. That’s why drunk driving victims’ compensation may include punitive damages in addition to compensation.
This guide shows you how to maximize your compensation and get the justice you deserve.
Understanding Drunk Driving Accident Compensation in Missouri
Drunk drivers don’t just cause accidents. Their choice to drink and drive could destroy lives and families. That’s why Missouri generally treats these cases differently than your typical fender-bender.
Under Missouri Revised Statute §510.261, you can seek punitive damages when the defendant acted “with a deliberate and flagrant disregard for the safety of others.” Driving impaired could meet this standard. Let’s break down what this could mean for you:
It’s Not All About Bills: What You Can Actually Claim
Your drunk driving victims’ compensation typically falls into two categories. First, there are the economic damages: expenses that come with receipts. Those expenses include your ER bills and surgery costs, but they could also include expenses you face months down the line, like physical therapy sessions.
Economic damages also cover lost wages. And if you can’t return to your job as a construction worker or nurse because of your injuries, you could also qualify for the difference between what you earned before the accident and what you can earn now.
Then come non-economic damages: losses that don’t have receipts. Missouri courts may award compensation for the pain that keeps you up at night, the anxiety that prevents you from driving, and even for the hobbies you can no longer enjoy. However, as proving non-economic damages can be tricky, hire an experienced St. Louis car accident lawyer who can fight for a fair settlement that covers all your losses.
Punitive Damages: Making Drunk Drivers Pay
Drunk driving cases in Missouri can be different from regular accidents, where compensation usually only covers your losses. State law allows juries to punish drunk drivers, especially if they had a high blood alcohol level or a prior DUI accident and conviction. The punitive damages are meant to sting and deter them (and others) from driving drunk again.
Missouri will also take half of the punitive damages awarded for the Tort Victims’ Compensation Fund. That said, you may still get a significant chunk of money in addition to your compensatory damages.
The Drunk Driver Isn’t the Only One Who May Owe You
Most drunk driving victims assume their compensation will be whatever the drunk driver’s insurance offers. However, Missouri law recognizes that drunk driving devastation may exceed policy limits and allows for multiple avenues for compensation. Here are some of your options:
- Dram Shop Claims. You could sue the bar or restaurant that overserved the drunk driver. If you can prove they served someone who was visibly intoxicated or underage, their million-dollar insurance policy could become available to you.
- Crime Victims’ Compensation Fund. Missouri’s state fund provides up to $25,000 for medical expenses, counseling, and lost wages if you have exhausted all other avenues of compensation. However, you must file a claim within two years to qualify.
- Your Own Uninsured/Underinsured Coverage. Sometimes overlooked by victims, your own auto policy typically includes uninsured or underinsured motorist coverage that can kick in when the drunk driver’s insurance isn’t enough.
And don’t forget: you can pursue all these compensation sources regardless of what happens in the drunk driver’s criminal case.
Why Criminal Charges Don’t Determine Your Compensation
A drunk driver may beat their criminal case or get charges reduced to reckless driving, but that need not have any influence on your civil case. The criminal case and your drunk driving accident compensation claim are separate battles with different rules, different standards of proof, and potentially very different outcomes.
The Standard of Proof in Civil Claims Works in Your Favor
Criminal court demands proof “beyond a reasonable doubt” that a drunk driver is guilty. A skilled defense attorney may get a drunk driver off on technicalities like improper traffic stops or faulty breathalyzers.
However, you only need to prove your civil case with a “preponderance of evidence,” which is a much lower threshold than “beyond a reasonable doubt.” In other words, if it’s more likely than not that the drunk driver caused your injuries, you generally qualify for damages.
Missouri’s Negligence Per Se Advantage
If someone breaks the law and hurts you, they may be automatically liable. This is called “negligence per se.” You don’t need to prove they acted carelessly, as breaking laws shows they were careless.
By getting behind the wheel drunk, the driver violated Missouri Revised Statutes §577.010, thus breaking the law. Negligence per se significantly strengthens your case and negotiating position.
Why Timing Can Work in Your Favor
While criminal cases move relatively fast, a civil case could take a year or more. But this is where patience pays off. While a criminal case proceeds through court, your attorney can gather evidence and build your case. By the time you’re negotiating a settlement, you’ll likely know your future damages and not just the emergency room bill.
How to Maximize Drunk Driving Accident Compensation
Every move you make after a drunk driving crash can help to maximize your recovery. Likewise, failing to take the critical steps could mean you lose out. Here’s what you should do:
- Document everything immediately. Police reports, witness contacts, photos of the scene, the smell of alcohol on the driver, and anything else you witness: note it down.
- Seek medical care. Emergency rooms treat immediate injuries but not long-term issues. Follow up with specialists promptly and document every symptom, even if it seems minor, like headaches that could signal traumatic brain injury.
- Watch for insurance traps. Don’t agree to a recorded statement, and refrain from discussing fault or injuries with an insurance company. Let your attorney handle all communication.
- Hire a car accident attorney. If you suffer significant injuries and have high damages, don’t risk an insurance company taking advantage of you. A skilled attorney can protect your rights and ensure that you’re not getting shortchanged.
Bradley Law: Over 20 Years of Fighting for Drunk Driving Victims
For over two decades, Bradley Law has mastered complex injury claims and achieved record-setting settlements and verdicts. While we can’t turn back time, our tenacity has helped victims regain financial stability and put their lives back together after devastating motor vehicle accidents.
We don’t want you to settle for less than you deserve or for what an insurance company wants to pay. While others rush to close files and take quick checks from insurers, we fight hard for what our clients truly deserve, even if it means battling insurance companies in court. Contact us now to learn about your legal options.
FAQs
What if I’m a passenger in the drunk driver’s car?
You can pursue compensation as a passenger injured by a drunk driver, even if you knew they had been drinking. You could file a claim against the driver’s insurance and potentially the bar or restaurant that overserved them.
Can I still get drunk driving victims’ compensation if I was partially at fault?
Missouri follows pure comparative fault rules, meaning you can recover damages even if you were partially responsible for the crash. However, your compensation would be reduced by your percentage of fault. That said, in drunk driving cases, juries often assign the majority (or all) of the blame to the intoxicated driver, especially when their conduct is deemed egregious.
How long do I have to file my accident claim in Missouri?
The Missouri statute of limitations generally gives you five years to file a personal injury lawsuit, but don’t wait too long, as it is challenging to build a strong case when evidence is lost and eyewitnesses may have moved away. And remember, some claims (like those against government entities or through the Crime Victims’ Fund) have much shorter deadlines.