Being hit by a drunk driver isn’t a regular accident. It’s the result of a deliberate choice someone made that put everyone else on the road at risk. Whether the driver was charged with a DWI, failed a field sobriety test, or smelled of alcohol when police arrived, you have the right to pursue full compensation for all you have lost.
When insurance companies start fighting and refusing fair settlements, St. Louis victims turn to Bradley Law for help. Founding attorney E. Ryan Bradley spent years defending insurers before dedicating his practice to representing the people they tried to lowball. He knows how the insurance company playbook works and how to challenge it.
Hurt in a drunk driving accident in St. Louis? We’re here for you 24/7. Call us today at (314) 461-1910 for a free consultation.
Missouri’s Drunk Driving Laws: What Victims Need to Know
In Missouri, the criminal charge for drunk driving is DWI (Driving While Intoxicated) under Mo. Rev. Stat. § 577.010. A driver is legally intoxicated at a blood alcohol concentration of 0.08% or higher. But even below that threshold, a driver may still be charged if they are visibly impaired.
You often see the terms DUI, DWI, and drunk driving used interchangeably. Essentially, they all describe the same conduct: someone drove when they shouldn’t have and while they were impaired.
The consequences of drunk driving can be severe for victims: crashes involving an alcohol-impaired driver had a fatality rate of 2.7%, compared to just 0.7% for crashes without one, according to Missouri State Highway Patrol data. Knowing your rights when you or a loved one is impacted by a drunk driver is crucial for getting what you deserve.
What a Positive BAC Means for Your Civil Case
If the driver who hit you was arrested and tested at or above 0.08%, that evidence helps your compensation claim or civil lawsuit. A criminal conviction is not required for you to pursue damages. In criminal court, the prosecution must prove guilt beyond a reasonable doubt. But in your civil claim, you only need to show that it’s more likely than not that the driver’s impairment caused your crash and injuries.
But even when a BAC test was not administered at the crash scene, you’re not necessarily out of luck. Witnesses may have noticed erratic driving, and nearby camera footage or a responding police officer’s observations can all be important evidence to establish drunk driving.
Dram Shop Liability in Missouri
If the drunk driver had been drinking at a bar or restaurant before the crash, that establishment may share legal responsibility for your injuries and damages.
Under Mo. Rev. Stat. § 537.053, a licensed alcohol vendor may be liable when they knowingly serve a person with “significant physical dysfunction” (visibly intoxicated) or serve anyone under 21. While the standard of proof is high, when the evidence for liability is clear, a dram shop claim can significantly increase your compensation.
How Bradley Law Fights for Drunk Driving Accident Victims
Before founding Bradley Law, E. Ryan Bradley spent years working for insurance companies, sitting on their side of the table in cases just like yours. He watched how they dispute injuries and move fast to close files before victims understand what their cases are even worth. When he switched to representing victims, he brought everything he had learned with him.
That insurance defense background is a clear advantage when you need a DUI accident lawyer in St. Louis. Ryan has seen every argument insurers use to reduce drunk driving claims, and he knows how to counter each one and win fair settlements and verdicts for his clients.
Ryan’s peers, such as the judges and lawyers who face him in court, have voted him AV Preeminent by Martindale-Hubbell, the highest rating an attorney can receive. He has been inducted into the Missouri Association of Trial Attorneys Hall of Fame, and Missouri Lawyers Weekly has named him the Winningest Lawyer in the state. In 2024, he won their “Highest Settlement Award.”
Insurance companies know Bradley Law’s track record, and they know that we don’t shy away from taking them to trial to get what our clients deserve.
Our Results in Drunk Driving and Serious Accident Cases
Some drivers get behind the wheel and take risks that end up destroying other people’s lives. When that happens, Bradley Law fights hard for victims. Here’s what we have recovered for clients in Missouri car accident cases:
- $14.25 million in a motorcycle accident (the largest motorcycle accident recovery in Missouri history).
- $10.15 million settlement in a car accident.
- $8.25 million motorcycle accident settlement.
What Damages Can You Recover After a Drunk Driving Accident?
A drunk driving accident can impact your life in ways that go far beyond your ER bill. Missouri law allows you to recover for the losses the crash caused you, economic and non-economic:
Economic damages are your measurable financial losses. They typically come with receipts and clear dollar amounts:
- Medical expenses: emergency care, hospitalization, surgery, rehabilitation, future treatment costs, and more.
- Lost wages during recovery.
- Loss of future earning capacity if your injuries affect your ability to work long-term.
- Vehicle repair or replacement and other out-of-pocket costs connected to the crash.
Non-economic damages cover the losses that don’t come with a receipt, such as pain and suffering, emotional distress, and loss of enjoyment of life. For serious and permanent injuries, non-economic damages can equal or even exceed the financial ones.
Punitive damages in Missouri drunk driving cases
This is where a DUI accident case is fundamentally different from most other car accident claims. Missouri courts can award punitive damages when a defendant acted with reckless disregard for the safety of others. Getting behind the wheel drunk typically meets that standard.
Missouri courts may award punitive damages in drunk driving cases on top of your compensatory damages, designed to punish the at-fault driver and deter the same behavior in the future. When punitive damages are added to your compensation, the potential value of your claim increases significantly.
Common Injuries in St. Louis Drunk Driving Crashes
Drunk driving crashes can produce more severe injuries than typical collisions. An impaired driver has a reduced reaction time and might not brake to reduce impact. The full force of the crash is then absorbed by the other vehicle and the people inside it.
The injuries we see most often in DWI accident cases in St. Louis include:
- Traumatic brain injury, ranging from concussion to permanent cognitive damage
- Spinal cord injuries, including partial or full paralysis
- Broken bones and crush injuries
- Internal organ damage
- Severe lacerations and permanent scarring
- Psychological trauma, including PTSD
In the most serious DUI accidents, when a loved one doesn’t survive, families can pursue a wrongful death claim. We’re here for you as soon as you are ready to talk.
Will the Drunk Driver’s Insurance Pay Your Claim?
Missouri requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident under Mo. Rev. Stat. § 303.025. But in a serious drunk driving crash, with severe injuries, those limits disappear fast. Your first ER treatment or a single surgery can cost more than the entire policy.
When the at-fault driver’s insurance isn’t enough, your own uninsured and underinsured motorist coverage can step in to cover the gap. You paid for that coverage for exactly this kind of situation.
But what if the other driver was completely uninsured? It’s not as rare as you think. According to the Insurance Information Institute (III), approximately 20.7% of Missouri drivers carry no insurance at all, the sixth highest rate in the country. If the drunk driver who hit you is one of them, you could have various options for compensation, such as:
- A dram shop claim against the establishment that served them
- Your own UM/UIM policy
- A direct civil claim against the driver
As experienced drunk driving accident attorneys in St. Louis, we can identify all available sources of recovery for your case.
What to Do Immediately After a Drunk Driving Accident in St. Louis
The steps you take right after the crash directly affect what evidence survives and what you can recover with a compensation claim. Here’s what to do to protect yourself:
- Call 911. Get police and emergency services to the scene immediately. A police report is a vital piece of evidence in a DUI accident case, especially if the officer notes the impairment of the other driver.
- Ask the police to test the other driver for impairment. You have every right to request this. If the driver is impaired, you want it documented at the scene.
- Photograph everything. Take pictures of your vehicle, the other vehicle, the road surface, skid marks, traffic signals, and your visible injuries.
- Get witness’s contact information. Bystanders who saw the crash or the driver’s behavior before it can be critical witnesses later.
- Do not give a recorded statement to the insurer. The other driver’s insurance company may contact you fast. Their goal is to pay as little as possible. Politely refuse any requests for recorded statements before you have spoken to an attorney.
- See a doctor the same day. Even if you feel fine, get checked out as soon as possible after the crash. Adrenaline masks pain, and some of the most serious injuries can show delayed symptoms. You’ll need a medical report that ties your injuries to the DUI crash.
- Call Bradley Law for a free consultation. The sooner a drunk driver accident lawyer gets involved, the more evidence we can preserve before it is gone. Call (314) 400-0000 today for a free case review.
How Long Do You Have to File a Drunk Driving Claim in Missouri?
For personal injury claims, you have five years from the date of the crash under Mo. Rev. Stat. § 516.120. If a loved one died in a DUI crash, the deadline for filing a wrongful death claim is three years from the date of death under Mo. Rev. Stat. § 537.100.
Five years sounds like a long time, but if you wait until the last minute before speaking to an attorney or collecting evidence, you may not have much of a case. Consider that surveillance footage is often deleted within 30 to 90 days. And witness memories start to fade almost instantly.
Whether you were hurt in a DUI wreck last week or a DWI accident last month, getting an attorney involved as soon as possible means they can move immediately and retain the evidence before it disappears.
If the drunk driver also faces criminal charges, do not wait for the criminal case to resolve before pursuing your civil claim. The two cases are completely separate. And a criminal acquittal does not end your civil case.
Frequently Asked Questions About Drunk Driving Accidents in St. Louis
What is the difference between a DUI and a drunk driving accident in Missouri?
The terms DUI and drunk driving accident describe the same behavior: operating a vehicle while impaired by alcohol. In Missouri, the criminal charge is DWI, Driving While Intoxicated, under Mo. Rev. Stat. § 577.010. DWI applies when a driver’s BAC reaches 0.08% or higher or when they are impaired by alcohol and/or drugs (whether controlled substances or prescription drugs).
Can I sue a drunk driver even if they weren’t arrested or convicted?
Yes. The criminal and civil systems are completely separate. A driver may never be charged with drunk driving, but you can still win a civil lawsuit against them. In a civil case, you only need to show it is more likely than not that the driver’s impairment caused your injuries and financial losses. That is a lower standard than criminal courts apply.
What if the drunk driver who hit me died in the accident?
Even if the at-fault driver died, you can still pursue a civil claim against their estate. The driver’s death does not end your right to compensation. Call Bradley Law, and we will explain exactly how that process works for your situation.
Are punitive damages available in Missouri drunk driving accident cases?
Yes. Missouri courts can award punitive damages when a defendant acted with reckless disregard for the safety of others. Drunk driving usually meets that standard. Punitive damages are separate from and in addition to your compensatory damages for medical bills, lost wages, and pain and suffering, and they can significantly increase your payout.
How long do I have to file a drunk driving accident lawsuit in Missouri?
You generally have five years from the date of the accident for personal injury claims under Mo. Rev. Stat. § 516.120, and three years from the date of death for wrongful death claims under Mo. Rev. Stat. § 537.100. Miss either deadline and your case will likely get thrown out, no matter how strong the evidence is.
There are also situations where the clock runs faster. Claims involving government vehicles or road conditions can carry much shorter deadlines.
How much is a drunk-driving accident case worth in Missouri?
Every case is different. The value of your case depends on the severity of your injuries, your medical costs, your lost income, and the insurance coverage available from the at-fault driver. DUI accident cases in St. Louis can also include punitive damages, increasing what you can recover.
Contact Our St. Louis Drunk Driving Accident Lawyers — Free Consultation
If a drunk driver hurt you or someone you love in St. Louis, don’t go it alone. You need a drunk driving accident lawyer who has been inside the insurance industry and knows exactly how to fight back and recover what you deserve. Bradley Law has recovered tens of millions for accident victims across Missouri, including some of the largest settlements in state history.
Our consultations are free, and you pay nothing unless we win. Call (314) 400-0000 or contact us online. We are available 24 hours a day.
Bradley Law Personal Injury Lawyers 1430 Washington Ave, Suite 226, St. Louis, MO 63103
