A DUI accident can happen in a split second and turn your entire life upside down, with long-term impacts on your career, health, and home life. However, if another driver got behind the wheel drunk, you should not have to pay for their recklessness. 

If you were hurt in a drunk driving accident or lost a loved one, you’re not alone, and you don’t have to figure it all out by yourself. Our Missouri drunk driving accident lawyers can be by your side every step of the way and help you get the justice and compensation you deserve. Contact us now to schedule a free consultation.

Do You Have a DUI Accident Case? 

Missouri has a significant drunk driving problem. According to the Centers for Disease Control and Prevention (CDC), over 2,500 individuals were killed in accidents involving drunk drivers between 2009-2018. That’s over 2,500 families suffering the ultimate loss due to others’ wrongful actions. In 2022 alone, 117 persons were killed and 2318 injured on Missouri roads.

If a driver is caught driving drunk, they could face various consequences, including penalties, license suspension, and even jail time. However, being charged with a crime is little consolation for victims of drunk drivers who may be left out of pocket due to astronomical medical bills, income loss, and other damages. 

The good news is that car accident victims generally have the right to recover damages from intoxicated at-fault drivers. If you want to determine whether you have a case, a Missouri drunk driving accident lawyer at Bradley Law Personal Injury Lawyers can help. 

Understanding Missouri DUI Laws

Knowing the basic DUI laws is essential when you’re hurt in a drunk driving accident in Missouri. Here’s a brief run-down of the most important regulations:

  • Blood Alcohol Content (BAC) limit. If a driver’s BAC exceeds 0.08%, they can be charged with DUI (driving under the influence) in Missouri.
  • Commercial drivers. Truck drivers and others operating commercial vehicles have a stricter limit of only 0.04% BAC. Commercial drivers exceeding this limit face a year-long suspension from driving a commercial vehicle.
  • Missouri zero tolerance law for minors. Drivers under 21 must not consume any alcohol when driving. Any detectable BAC can lead to penalties.

If a driver shows signs of intoxication, they may still be arrested for DUI in Missouri, even if their BAC level is below 0.08%. The same applies to drivers refusing a BAC test. 

What to Do After a Missouri DUI Accident 

If you were involved in a drunk driving car crash in Missouri, protecting your legal rights and your health is crucial. Here’s what to do at the accident site and in the following days: 

Call 911 Immediately

Calling law enforcement and medical help is crucial, especially if the crash involves serious injuries. Moreover, police can help prove the other driver’s intoxication and negligence, which can be essential for your insurance claim or legal case. 

The police will draft an accident report and likely subject the drunk driver to field sobriety and BAC testing. If the officer finds the driver over the limit, they may arrest and charge them with DUI.

Stay at the Scene

Stay at the scene of the drunk driving accident and wait for law enforcement to arrive. While it is only natural to feel emotional or even angry with an intoxicated driver, be careful as they may be belligerent and aggressive. While you are waiting for the police, try not to engage with the other driver apart from exchanging details and remain calm for your own safety. 

Gather Contact Information

If possible, gather the drunk driver’s contact details, vehicle details (color, make, model, registration), and insurance information. If any other parties are involved in the crash or there are eyewitnesses, be sure to collect their contact information, too. Witness statements can prove your case and another driver’s fault. 

Seek Medical Advice

Seeing a doctor is essential if you have been in a crash, even if you believe you’re uninjured. Symptoms of an injury can be delayed or seem harmless, such as a headache or stiff neck. Failing to seek medical advice promptly after an accident could delay necessary treatment and prolong your recovery. 

Moreover, failing to document your injuries in a medical report can make it tough to recover compensation. When seeing your doctor, ensure they note all your injuries and symptoms in their report.

Document the Accident and Your Losses

Try to collect as much evidence as possible at the accident scene, including photographs of vehicle damage and your injuries. Accident reconstruction professionals can use photographs to determine who is responsible and how the accident occurred. 

In the days following your crash, collect medical bills and doctor’s notes or reports relating to your injuries. Also, keep any receipts for out-of-pocket accident expenses, such as transportation costs, medications, and others. Don’t forget to contact your insurance company so an adjuster can begin to document and investigate your accident immediately.

Call a Missouri Drunk Driving Accident Lawyer

When you or a loved one were hurt in a drunk driving accident, you don’t have to struggle alone. Contacting a lawyer for protection and advice can be an excellent next step. A DUI accident lawyer at Bradley Law can protect your rights and help you get what you deserve if a drunk driver causes your accident in Missouri. 

Someone Other Than the Driver May Be Liable for Your Damages

If you or a loved one was hurt in a drunk driving accident in Missouri, you’d want to explore all potential avenues of compensation. Even if a drunk driver is at fault for your crash, you could have a case against others: 

  • Restaurants and Bars. Missouri has a so-called “dram shop law,” meaning establishments serving alcohol may be responsible for your damages. Liability can occur when bar or restaurant staff continue to serve a visibly intoxicated individual. 
  • Employers. If the drunk driver operated a vehicle during work hours or on work-related business, their employer could be liable for your damages. 
  • Vehicle Owners. If another owns the car involved in the crash, you may be able to hold the vehicle owner liable. For example, they may be responsible if they knew or should have known of the driver’s impairment but let them use the car anyway. 

There could be other potential defendants in your drunk driving accident claim, which is why it is crucial to speak to a Missouri drunk driving accident lawyer to explore all options for recovering damages.

How a Missouri Drunk Driving Accident Lawyer at Bradley Law Can Help

Getting adequately compensated in a Missouri drunk driving accident can be more challenging than you think. While it’s true that a drunk driver is generally negligent “per se,” meaning they have violated laws and are automatically considered negligent, you could still face stumbling blocks. 

Filing a lawsuit and negotiating with insurance companies can be draining, especially during recovery. This is where our Missouri drunk driving accident lawyers can step in and take the burden off your shoulders. We can:  

  • Investigate your accident. Our attorneys can thoroughly investigate your accident, involving industry experts if necessary. We can also gather necessary evidence, such as police reports, traffic camera footage, witness statements, and more. 
  • Identify all liable parties. To maximize your settlement, we will explore all potentially liable parties. While the drunk driver may be the primary at-fault party, we could help you seek compensation from others, such as employers, car manufacturers, or restaurants that over-served the driver. 
  • Handle the insurance companies. We can communicate and negotiate with insurers on your behalf, ensuring you’re treated fairly. If we believe that an insurer’s last best offer is less than what you deserve, we can take them to court and fight hard for what you need to put your life back together. 
  • Represent you in legal proceedings. We can handle all the legal aspects of your claim, including the filing of court documents and strongly representing your interests in court. 
  • Maximize compensation. Bradley Law Personal Injury Lawyers don’t want you to settle for less. We always aim to recover the maximum compensation available under the law so you can move forward after an accident.

Damages You Could Recover in a Missouri Drunk Driving Accident

Those with catastrophic injuries from drunk driving accidents could face long-term high healthcare costs and see their career, financial stability, and life quality destroyed. If this has happened to you or a loved one, our Missouri drunk driving accident lawyers can help you recover compensation, including:

  • Economic Damages: Economic damages compensate you for actual financial losses and can include medical expenses, lost wages, in-home care costs, out-of-pocket expenses, and more. 
  • Non-Economic Damages: Non-economic damages relate to your intangible losses due to the crash, such as chronic pain, emotional trauma, loss of life quality, disability, and others.
  • Punitive Damages: While punitive damages are relatively rare in civil lawsuits, a court may award them in a drunk driving case. Punitive damages are designed to punish drunk drivers for their reckless conduct and deter them and others from driving intoxicated in the future. 

Working with an experienced Missouri drunk driving lawyer can be essential for recovering full and fair compensation. 

FAQs

When should I file a drunk driving accident lawsuit in Missouri?

In Missouri, the statute of limitation determines the time you have available for filing a personal injury or wrongful death lawsuit. Generally, you have five years to file a drunk driving personal injury lawsuit and three years to file a wrongful death lawsuit.

However, the timeline for filing suit may be shorter or longer, depending on your unique circumstances. For example, if you intend to sue a government entity, there are additional administrative burdens, including a much shorter filing timeline. On the flip side, if you were a minor or incapacitated during the two-year statute, you could have longer to file a lawsuit. 

Since the time limit for your drunk driving case can vary, contact a Missouri drunk driving accident lawyer immediately after your accident. Missing the deadline could bar you from pursuing compensation.

Can I sue a drunk driver If my loved one died in the accident?

Losing a loved one is always upsetting. However, when a relative dies unexpectedly in a drunk driving car crash, your whole world is changed from one moment to another. If another was responsible, you could file a wrongful death lawsuit and recover damages. 

We know that no settlement can compensate for the loss of a loved one, but receiving damages can help you go on with your life and cushion some of the financial impacts of a death on the family. Here are some of the damages you could receive:

  • Loss of income from the deceased
  • Loss of services (such as childcare, yard work, etc.)
  • Funeral and burial expenses
  • Healthcare expenses before death 
  • Loss of companionship

If your loved one died in a drunk driving crash, you deserve justice, and you don’t have to go it alone. Bradley Law Personal Injury Lawyers is here to help you get through one of the most difficult times in your life.

Bradley Law Fights Hard for Drunk Driving Accident Victims 

By getting behind the wheel intoxicated, drunk drivers willfully put themselves and other road users at risk. If you or a loved one is the victim of another’s recklessness, we believe you deserve passionate and powerful legal representation. 

We have recovered more than $70 million in damages and helped countless injured clients regain their lives after an accident. Our Missouri drunk driving accident lawyers want to give you, too, the best chance of recovering maximum compensation.

We don’t charge you any attorney’s fees until and unless we win and you receive compensation. Get started with a free consultation today to determine your best next steps.