Every drunk driving crash starts with a driver making the wrong choice: getting behind the wheel impaired. But when they cause your crash, Missouri law gives you the right to hold that driver accountable and get compensated. And having an experienced advocate by your side helps you avoid being shortchanged by insurance companies.
Attorney E. Ryan Bradley has built his career as a Kansas City drunk driving accident lawyer, representing seriously injured people across the Kansas City metro. Bradley Law has recovered tens of millions for Missouri injury victims, including results that rank among the largest in state history.
Here’s what you need to know if you were hit by a drunk driver in Kansas City.
Missouri’s DUI/DWI Laws — What Kansas City Accident Victims Need to Know
Missouri’s formal statute uses the term DWI, which stands for driving while intoxicated. Many people use the term DUI (driving under the influence). Both describe the same conduct: operating a vehicle while impaired by alcohol or drugs. When you work with a DUI accident law firm in Kansas City, you’ll likely see both terms used throughout your case.
BAC Limits Under Missouri Law
Under Mo. Rev. Stat. § 577.010, Missouri law makes it a crime to drive with a blood alcohol concentration of 0.08% or higher. Commercial drivers face an even stricter limit of 0.04% BAC under federal FMCSA standards. And if the driver was under 21, Missouri’s zero-tolerance rule kicks in at just 0.02% BAC.
What Negligence Per Se Means for Your Case
A driver who violates Mo. Rev. Stat. § 577.010 has committed negligence per se in your civil lawsuit. That means you do not have to separately prove the driver acted unreasonably. The law violation already covers that.
But you do still have to show that the driver caused the crash and that you suffered real harm as a result. In most drunk driving cases, the police report, BAC results, and crash evidence prove the fault of the DWI driver.
Dram Shop Liability: A Recovery Angle Many Victims Miss
Under Mo. Rev. Stat. § 537.053, you can hold bars and licensed establishments liable when they served a visibly intoxicated patron who then goes on to cause your accident and injuries. This is an additional source of compensation that is sometimes overlooked, and something Bradley Law investigates in every DWI accident claim.
Combined Impairment and Distraction
Missouri’s Siddens Bening Hands-Free Law (Mo. Rev. Stat. § 304.822) took effect in January 2025. It bars all drivers from holding or using a wireless device while driving. More and more Kansas City DWI accident cases involve drivers who were both impaired and on their phones at the time of the crash. If that applies to your case, both violations work in your favor.
Drunk Driving in Kansas City — How Serious Is the Problem?
Drunk driving is a serious problem in Kansas City, and the numbers back it up. Jackson County led all Missouri counties in traffic fatalities in 2023, with 132 people killed on its roads, according to the MSHP 2023 Traffic Crash Statistics. And alcohol or drugs played a role in 22.5% of all fatal crashes across the state that year.
Alcohol-related crashes still killed 150 people and injured 2,901 more in 2023 alone, based on MSHP data.
The national picture is just as stark. According to the NHTSA, 11,904 people died in alcohol-impaired driving crashes in 2024. That works out at roughly 33 deaths every single day. And each death was preventable.
How Bradley Law Builds a Drunk Driving Accident Case in Kansas City
Kansas City DWI accidents lawyer E. Ryan Bradley approaches every drunk driving case by asking one question first: Who is responsible? The driver is the obvious defendant. But we don’t stop at the driver’s insurance policy. Bars and licensed establishments that over-served them may be equally liable under Mo. Rev. Stat. § 537.053.
Bradley Law investigates every party that may have contributed to your crash, including government agencies and vehicle manufacturers. And we start investigating the moment you call. Bradley Law sends preservation letters before surveillance footage is deleted. That step alone can make or break your Kansas City DUI claim. We then build your case with several layers of evidence:
- Police report and BAC test results. The officer’s findings and the blood or breath test results from the crash scene become important evidence in your case. A BAC at or above 0.08% establishes impairment under Mo. Rev. Stat. § 577.010.
- Cell phone records. Drivers may be impaired by alcohol or drugs and, at the same time, driving distracted by using a phone. Those cell phone records can be requested (subpoenaed) to further prove your case.
- Bar and restaurant records. Missouri’s dram shop law, Mo. Rev. Stat. § 537.053, allows you to hold the bar or restaurant liable if they kept serving someone who was visibly drunk. Bradley Law goes after the alcohol purchase records and surveillance footage from the establishment right away.
- Toxicology reports. The toxicology report tells you exactly how drunk the driver was at the time of the crash. A BAC well above 0.08% strengthens your fault argument and can result in punitive damages.
- Witness statements. You might not realize how valuable witnesses can be in your case. A bartender who cut the driver off or a bystander who watched them stumble to their car can all put the picture together for a jury.
- Dashcam and traffic camera footage. Time-stamped video of the crash or the driver’s movements before impact is among the most powerful evidence in any drunk driver accident case.
We bring this level of investigation to every drunk driving case in Kansas City. E. Ryan Bradley is AV-rated by Martindale-Hubbell and a Missouri Association of Trial Attorneys Hall of Fame inductee. Missouri Lawyers Weekly recognized his firm with the Highest Settlement Award for 2024 settlements. Your case is in good hands with an attorney whose peers have recognized him as one of the best in Missouri.
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Compensation Available After a Drunk Driving Crash in Kansas City
A drunk driving accident claim in Missouri can get you compensated in several ways:
- Economic damages. Economic damages are the financial losses you can put a dollar figure on, such as your medical bills, future treatment costs, and the wages you lost while you were recovering. You can also recover the cost of repairing or replacing your vehicle.
- Non-economic damages. Non-economic damages cover everything that doesn’t come with dollar amounts and receipts, like the pain you’re now living with, and the things you can no longer do. Missouri law recognizes that although non-economic damages don’t come with receipts, they are very real for victims.
- Punitive damages. While punitive damages are rare in Kansas City car accidents, they are available when the defendant’s conduct was willful or wanton. For example, a driver who got behind the wheel with a BAC well above 0.08% is a strong candidate for punitive damages. If applicable, you’ll receive punitive damages in addition to compensation.
- Dram shop recovery. Missouri’s dram shop law, Mo. Rev. Stat. § 537.053, means the bar or restaurant that kept serving the driver may be on the hook for your damages too. That gives you a second defendant and potentially a second insurance policy to go after.
Our Kansas City Drunk Driving Accident Case Results
When reckless drivers cause catastrophic harm, we fight for maximum recovery for our Kansas City and Missouri clients. Here are just a few of our case results in motor vehicle accidents:
- $14,250,000 Motorcycle settlement (Missouri record)
- $10,150,000 Car accident settlement
- $8,250,000 Motorcycle settlement
Past results do not guarantee future outcomes. Every case is unique.
What to Do After Being Hit by a Drunk Driver in Kansas City
The moments after a drunk driving crash are disorienting, and it is easy to make mistakes that hurt your case. Here’s a step-by-step plan of what to do to protect yourself and your claim:
- Call 911. An officer will draft a police report while everyone’s memory is still fresh. Officers may also conduct field sobriety and BAC testing at the scene, and those results go directly into the report and evidence file for your case.
- Get medical attention right away. Go to an emergency room or urgent care clinic, even if you feel okay. Crash injuries often do not show up until hours or days later. The other driver’s insurance company may use not seeing a doctor right away against you.
- Document everything you can. Take photos of all vehicles, the road, any skid marks, and your injuries. Photograph or video the drunk driver’s condition too, if it is safe to do so.
- Collect witness information. Anyone who saw the crash or noticed the driver’s behavior beforehand is a potential witness. Get their name and phone number before they leave.
- Don’t talk to the other driver’s insurance company. The insurer might ask for a recorded statement. Don’t give one. Their job is to pay out as little as possible, and anything you say can be used to reduce your claim. Get an attorney to protect yourself.
- Call a Kansas City drunk driving accident attorney. Bar surveillance footage and alcohol purchase records can disappear within 30-90 days. The sooner your attorney sends a preservation letter, the better your chances of securing that evidence before it is deleted.
How Long Do You Have to File a Drunk Driving Lawsuit in Missouri?
Missouri law only gives you a certain time to file a drunk driving accident claim. Missing that deadline may close your case permanently, regardless of the strength of your evidence:
Personal injury claims must be filed within five years of the accident under Mo. Rev. Stat. § 516.120, and wrongful death claims within three years from the date of death under Mo. Rev. Stat. § 537.100.
Dram shop claims typically carry the same deadlines, but don’t let that lull you into waiting. Bar and restaurant surveillance footage is typically deleted within 30 to 90 days, and once it’s gone, your dram shop case may be gone, too.
Worth knowing: your civil claim runs independently of any criminal prosecution. You do not have to wait for the driver’s criminal case to conclude before filing your lawsuit. The criminal court handles the punishment of the driver, but your civil case handles your recovery. Those are two separate processes, and one doesn’t hold up the other.
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Frequently Asked Questions — Kansas City Drunk Driving Accident Attorneys
Can I sue the Kansas City bar that served the drunk driver?
Yes, you could sue a bar in a Kansas City drunk driving case. Missouri’s dram shop law, Mo. Rev. Stat. § 537.053, says that a bar or restaurant that keeps serving someone who is visibly drunk can be held responsible if an accident is the result. That means the bar can be named as a defendant right alongside the driver, giving you a second party to go after and potentially a second insurance policy to draw from.
Does a DWI criminal conviction help my civil case?
A criminal conviction for DWI can be strong supporting evidence, but you don’t need one to win your civil claim. The standards differ. Criminal cases require proof beyond a reasonable doubt. Civil cases, on the other hand, require only proof by a preponderance of the evidence (meaning it is more likely than not that the driver was at fault).
A drunk driving accident attorney can build and advance your civil case regardless of any criminal prosecution.
What if the drunk driver in Kansas City had no insurance or minimal coverage?
Missouri’s uninsured motorist rate is 20.7%, according to the Insurance Information Institute (III), which means this isn’t uncommon. Your own uninsured or underinsured motorist (UM/UIM) coverage can step in to provide coverage. A dram shop claim against the establishment that served the driver could also result in damages. Bradley Law reviews all potential sources for compensation.
Can I recover punitive damages in a DUI or DWI accident case?
Missouri courts award punitive damages when the defendant’s conduct was willful, wanton, or outrageous. Choosing to drive with a BAC well above the legal limit can meet that standard. Punitive damages are awarded on top of your compensatory recovery and are designed to punish the driver and deter similar conduct.
What if I was partly at fault for the crash?
Missouri’s pure comparative fault rule, Mo. Rev. Stat. § 537.765, means that being partly at fault doesn’t wipe out your claim. Your recovery simply gets reduced by whatever percentage of fault is assigned to you.
If you were 20% at fault and your damages total $500,000, you walk away with $400,000. An experienced drunk driver accident lawyer will fight to keep your share of the fault as low as possible.
Is there a cost to hire a Kansas City drunk driving accident attorney near me?
Bradley Law handles DUI and DWI accident cases on a contingency fee basis. This means you pay no attorney’s fees unless and until you recover compensation. There is no upfront cost or hourly billing while we work on your case.
Contact Our Kansas City Drunk Driving Accident Lawyers for a Free Consultation
When a drunk driver makes a bad decision, you shouldn’t have to pay for their mistake. They, and possibly the bar or restaurant that served them, can be held accountable. And you don’t have to go it alone. The sooner you call us, the more evidence we can preserve and use in your favor.
Bradley Law Personal Injury Lawyers fights for DUI and DWI accident victims across Kansas City and Missouri. Call us at (816) 430-2841 or fill out our contact form. There is no fee unless you recover compensation.
