When a drunk driver hits you, the chaos doesn’t stop at the scene of the crash. But you don’t have to go through this alone. Wherever in Missouri it happened, whether St. Louis, Kansas City, Springfield, Columbia, Jefferson City, Cape Girardeau, Joplin, or anywhere in between, Bradley Law represents drunk driving accident victims and helps them pursue full compensation.
Read on to find out how Missouri law works in your favor, what damages you can recover, and why the bar or restaurant that overserved the driver may owe you compensation, too.
What Missouri’s Drunk Driving Laws Mean for Accident Victims
When a drunk driver hits you, two separate legal processes start. The state will pursue a criminal DWI charge while you pursue an insurance claim or civil personal injury lawsuit. Those processes run separately, and one has nothing to do with the other.
Missouri’s DWI Criminal Standard
Missouri prosecutes impaired driving as DWI under Mo. Rev. Stat. § 577.010. The legal BAC thresholds are:
- Standard drivers: 0.08% BAC
- Commercial drivers: 0.04% BAC (federal FMCSA standard)
- Drivers under 21: 0.02% BAC (zero tolerance)
A driver charged with or convicted of DWI has committed what attorneys call “negligence per se.” This means their violation of Missouri law automatically establishes fault in your civil case. You still need to prove the crash caused your injuries, but negligence per se establishes they were acting unreasonably. A DWI accident lawyer uses that charge to strengthen your case.
How Serious Is Missouri’s Drunk Driving Problem?
Drunk driving claims roughly one life every three days in Missouri. The Missouri State Highway Patrol 2023 Traffic Safety Compendium recorded 991 traffic deaths in Missouri in 2023, with alcohol or drugs a factor in 22.5% of all fatal crashes. MSHP data recorded 116 people killed and 2,633 injured in alcohol-related crashes in Missouri that year.
And the problem doesn’t stop there. Missouri ranks 6th in the country for uninsured drivers, with 20.7% carrying no coverage at all, according to the Insurance Information Institute (III). Drunk drivers are already among the most reckless on the road, and a significant number of them also have no insurance. A DUI accident injury lawyer knows how to find compensation even when the driver who hit you has nothing.
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Can You Sue the Bar That Served the Drunk Driver? Missouri’s Dram Shop Law Explained
Most people who call us after a drunk driving crash don’t know that the dram shop law even exists. But some of the largest recoveries in these cases don’t necessarily come from the driver. They come from the bar or restaurant that kept filling the glass of an intoxicated patron long after they should have been cut off.
Under Mo. Rev. Stat. § 537.053, if a licensed alcohol provider knowingly serves a visibly intoxicated person and that person goes on to cause a crash, the establishment can be sued for the resulting injuries. That means there may be a second defendant in your case with far deeper pockets than the driver. This law covers bars, restaurants, and liquor stores throughout Missouri.
Any drunk driving car accident lawyer in southern Missouri should pursue this angle immediately.
What Must Be Proven in a Dram Shop Claim
Three things must be established in a dram shop claim:
- The bar or restaurant sold or served alcohol to the drunk driver
- The driver was visibly intoxicated at the time of service (slurred speech, unsteady movement, erratic behavior)
- That intoxication directly caused the accident and your injuries
The statute uses the word “knowingly,” which sets a higher bar than simple negligence. It means you can’t sue a bar just because someone got drunk there. You have to show the staff “knowingly” kept serving an already intoxicated person. Evidence, such as video footage of someone barely standing being served drinks or receipts showing multiple rounds over a few hours, can prove your case.
A Missouri dram shop attorney at Bradley Law moves fast to secure that evidence, because most of it may be gone within a month.
Why Dram Shop Claims Matter
The drunk driver who hit you may be carrying minimum car insurance coverage or none at all, potentially leaving you with precious little compensation. Even if your driver is insured, commercial liquor liability policies routinely carry $1 million to $5 million in coverage, which far exceeds any individual driver’s insurance coverage.
A dram shop claim runs as a separate civil action alongside your claim against the driver. You can pursue both simultaneously, which is what Bradley Law does whenever the evidence supports it. Missing the dram shop angle is one of the most expensive mistakes a drunk driving accident victim can make.
You have five years to file a dram shop claim under Mo. Rev. Stat. § 516.120, but the evidence you need won’t be around long. The sooner you contact a DUI accident attorney, the sooner the critical evidence can be preserved and the stronger your case.
How E. Ryan Bradley Fights for Missouri Drunk Driving Victims
Before founding Bradley Law, E. Ryan Bradley spent years defending the insurance companies that now sit on the other side of the table. As an insurance defense attorney, he learned every tactic adjusters use to minimize a DUI accident claim.
He knows how to deal with insurance adjusters and has seen it all before: the delay strategies, the lowball offers, and the attempts to shift blame onto the victims. Now he’s on your side, and he won’t stand for any of it.
Ryan Bradley’s Track Record and Awards
Ryan’s insurance inside knowledge has produced motor vehicle accident case results that speak for themselves:
- $14.25M motorcycle settlement (Missouri record)
- $10.15M car accident settlement
- $8.25M motorcycle settlement
He holds an AV rating from Martindale-Hubbell, the highest peer review rating available, based on assessments from other lawyers and judges. He’s been inducted into the Missouri Association of Trial Attorneys Hall of Fame and received the Missouri Lawyers Weekly Highest Settlement Award for 2024 settlements, meaning Ryan secured some of the largest settlements in the entire state that year.
Past results don’t guarantee future outcomes. Every case is unique.
Damages Available to Missouri Drunk Driving Accident Victims
When you’re hit by a drunk driver and severely injured, you’re entitled to much more than just your immediate medical bills. Most victims don’t realize what their claims could be worth.
Economic damages cover every financial loss you can document:
- Medical bills past and future
- Lost wages
- Lost earning capacity
- Vehicle repair or replacement
- Rehabilitation costs
- Out-of-pocket expenses
Insurance companies only pay for what’s properly documented, which is why Bradley Law starts building that record immediately.
Non-economic damages cover what doesn’t come with a receipt, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In serious drunk driving cases, non-economic damages may be the biggest portion of your settlement.
Punitive damages are the third category, and while usually rare, drunk driving cases are among the strongest candidates for them. Missouri courts award punitive damages only when a defendant acted with conscious disregard for the safety of others. Driving at or above 0.08% BAC typically satisfies the standard for punitive damages. If awarded, you’ll receive punitive damages in addition to your compensation.
Our drunk driving car accident attorneys handle southern Missouri cases and statewide claims on a no-win-no-fee basis. We can explain how settlements are calculated so you understand the value of your claim. And if you’re not sure what steps to take immediately after being hit by a drunk driver, our guide to what to do after a car accident in Missouri covers your next best steps.
Missouri Drunk Driving Accident Lawyer: Serving St. Louis, Kansas City, and Southern Missouri
Bradley Law serves drunk driving accident victims across all three regions, from our offices in St. Louis and Kansas City to communities throughout southern Missouri.
If you live outside St. Louis or Kansas City, you already know emergency response takes longer, and local attorneys with extensive trial experience are harder to find. And insurance companies know it, too. But don’t assume you can’t access a dedicated drunk driving car accident attorney in southern Missouri. Bradley Law is ready to work for you.
Rural southern Missouri has a disproportionately high drunk driving problem. Ozark County had the highest rate of alcohol-impaired driver crashes in the entire state in 2023 at 16.7%, against a statewide average of just 3.7%, according to the Missouri Behavioral Health Epidemiology Workgroup. Rural southern Missouri residents deserve the same quality of representation as anyone filing a claim in St. Louis or Kansas City.
Bradley Law’s Kansas City drunk driving accident lawyers don’t stop at city limits. A drunk driving car accident attorney from our firm handles your case wherever you are in Missouri.
And you don’t have to travel to us. We can manage cases remotely from start to finish. Bradley Law serves victims in:
- Springfield (Greene County)
- Joplin (Jasper County)
- Cape Girardeau (Cape Girardeau County)
- Columbia (Boone County)
- Jefferson City (Cole County)
- Poplar Bluff (Butler County)
- Sedalia (Pettis County)
Frequently Asked Questions About Missouri Drunk Driving Accidents
How long do I have to file a drunk driving lawsuit in Missouri?
You generally have five years from the date of the accident for personal injury claims under Mo. Rev. Stat. § 516.120. If a loved one passed away due to a drunk driving accident, you have three years from the date of death for wrongful death claims under Mo. Rev. Stat. § 537.100.
Five years sounds like plenty of time, but surveillance footage, receipts, and dashcam data are typically overwritten within 30 to 90 days. Don’t wait until your evidence is gone; call a St. Louis drunk driving accident lawyer now.
Can I sue a drunk driver if my loved one died in the accident?
If you lost a family member to a drunk driving crash, Missouri law gives you the right to file your own claim against the driver and anyone else who contributed, including the bar that served them. That right extends to spouses, children, parents, and siblings under Mo. Rev. Stat. § 537.080.
Damages can include funeral and burial costs, loss of companionship, and the financial support your family member would have provided.
Can I sue the bar or restaurant that served the drunk driver?
Yes. Under Missouri’s dram shop law, Mo. Rev. Stat. § 537.053, you can sue the bar or restaurant that kept serving the driver after they were visibly drunk. Their commercial liquor liability policy typically carries between $1 million and $5 million in coverage, far more than a driver’s policy. Bradley Law’s St. Louis car accident lawyers pursue both claims simultaneously whenever the evidence is there.
What if the drunk driver who hit me was uninsured?
Missouri has one of the highest uninsured driver rates in the country at 20.7%. That means roughly one in five drivers has no insurance. Your own uninsured/underinsured motorist coverage can step in, but you could also have a dram shop claim against the establishment that served them.
As a Missouri drunk driver accident lawyer, Bradley Law identifies every available avenue of compensation in your case, including the ones you haven’t thought of.
Do I have to wait for the criminal case to end before I can sue?
No, and waiting can be a big mistake. Your civil claim and the criminal DWI case are entirely separate proceedings. You don’t need a conviction to win a personal injury lawsuit, and the burden of proof in civil court (preponderance of evidence) is lower than in criminal court (beyond a reasonable doubt).
Every day you wait is a day that evidence is wiped and witnesses forget what they saw. Call a DUI accident lawyer as soon as possible after your crash to protect your claim.
Does Bradley Law handle drunk driving cases outside St. Louis and Kansas City?
Yes. As a Missouri drunk driving accident attorney firm licensed to practice statewide, Bradley Law represents victims across all of Missouri, including Springfield, Columbia, Jefferson City, Cape Girardeau, Joplin, Sedalia, and communities throughout central and southern Missouri. Our Kansas City car accident lawyers handle your case wherever you are.
Bradley Law Offers Free Consultations to Missouri Drunk Driving Victims
You’ve been through enough already. Let us take care of what comes next.
As a drunk driving accident law firm working on contingency, there’s no fee for you to pay unless we win. Bradley Law is available 24/7, and we’ll give you straight answers about the strength of your case, your legal options, and what your case might be worth. Contact us today for your free, no-obligation consultation.
We have two offices across Missouri:
- St. Louis: 1430 Washington Ave, Suite 226, St. Louis, MO 63103 | (314) 400-0000
- Kansas City: 1509 NE Parvin Rd, Ste A., Kansas City, MO 64116 | (816) 408-3448
Serving drunk driving accident victims across Missouri. Wherever your accident occurred, we can help.
