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Missouri Car Accident Lawyer: How to Handle Drunk Driving Claims and Get the Compensation You Deserve

Understanding Drunk Driving Accidents in Missouri

Drunk driving accidents are a serious problem in Missouri, causing significant injuries and fatalities. Missouri law takes a firm stance against driving under the influence (DUI), also known as driving while intoxicated (DWI) in some states. If you've been injured by a drunk driver in Missouri, you have the right to seek compensation for your losses. Understanding the legal landscape is the first step in protecting your rights.

Missouri Revised Statutes Chapter 577 outlines the state's laws regarding driving while intoxicated. A driver is considered intoxicated if their blood alcohol content (BAC) is 0.08% or higher, or if they are impaired by alcohol or drugs to the point where they cannot safely operate a vehicle. Penalties for drunk driving in Missouri range from fines and license suspension to jail time, depending on the severity of the offense and whether it's a repeat offense.

Establishing Liability in a Missouri Drunk Driving Case

Burden of Proof: In Missouri, to successfully pursue a claim against a drunk driver, you must prove negligence. Negligence means the driver failed to exercise reasonable care, and that failure directly caused your injuries and damages.

Evidence is Key: To prove negligence, you'll need evidence such as:

  • ➡ Police reports detailing the accident and the driver's intoxication.
  • ➡ BAC test results showing the driver's blood alcohol content.
  • ➡ Witness statements describing the driver's behavior and the accident.
  • ➡ Photos and videos of the accident scene and vehicle damage.
  • ➡ Medical records documenting your injuries and treatment.

The Importance of the Police Report: The police report is a crucial piece of evidence. It often contains details about the accident, the driver's condition, and any citations issued. Obtain a copy of the police report as soon as possible.

Potential Compensation in a Missouri Drunk Driving Accident Claim

If you've been injured by a drunk driver in Missouri, you may be entitled to compensation for a variety of damages, including:

  • 💰 Medical Expenses: This includes past and future medical bills, hospital stays, rehabilitation, and medication.
  • 💰 Lost Wages: Compensation for lost income due to your injuries, including time off work and diminished earning capacity.
  • 💰 Property Damage: Reimbursement for the cost of repairing or replacing your damaged vehicle.
  • 💰 Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by your injuries.
  • 💰 Punitive Damages: In cases of particularly egregious drunk driving, you may be awarded punitive damages, which are intended to punish the driver and deter similar behavior in the future. Missouri Revised Statute § 510.265 sets specific standards for awarding punitive damages. They require clear and convincing evidence that the defendant's conduct was outrageous because of evil motive or reckless indifference to the rights of others.

Uninsured/Underinsured Motorist Coverage: Even if the drunk driver has insurance, their coverage may not be sufficient to fully compensate you for your damages. In this case, you may be able to pursue a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage protects you when you're injured by an uninsured or underinsured driver.

Strategies for Maximizing Your Compensation

Navigating the legal process after a drunk driving accident can be complex. Here are some strategies to help you maximize your compensation:

  • 🔎 Seek Medical Attention Immediately: Your health is the top priority. Seeking prompt medical attention also creates a record of your injuries, which is essential for your claim.
  • 🔎 Document Everything: Keep detailed records of your medical treatment, expenses, lost wages, and any other damages you've incurred.
  • 🔎 Gather Evidence: Collect as much evidence as possible, including photos of the accident scene, witness statements, and the police report.
  • 🔎 Avoid Social Media: Be careful about what you post on social media, as insurance companies may use your posts to undermine your claim.
  • 🔎 Consult with an Experienced Missouri Car Accident Lawyer: A lawyer can help you understand your rights, investigate your case, negotiate with the insurance company, and represent you in court if necessary.

The Role of Dram Shop Laws in Missouri

Missouri's dram shop laws, outlined in Missouri Revised Statute § 537.053, can hold establishments that serve alcohol liable for damages caused by intoxicated patrons. If a bar or restaurant knowingly served alcohol to a visibly intoxicated person who then caused an accident, the establishment may be held responsible for the victim's injuries. To prove a dram shop claim in Missouri, you must show that the establishment:

  • ➡ Served alcohol to a person who was visibly intoxicated.
  • ➡ The intoxicated person was then involved in an accident that caused injuries.
  • ➡ The establishment's service of alcohol was a direct cause of the accident.

Proving a dram shop claim can be challenging, but it can significantly increase the potential compensation in a drunk driving case. An experienced attorney can investigate whether a dram shop claim exists in your case.

Dealing with Insurance Companies After a Drunk Driving Accident

Insurance companies are businesses, and their goal is to minimize payouts. They may try to offer you a settlement that is far less than what you deserve. It's important to remember that you are not obligated to accept the first offer. Here are some tips for dealing with insurance companies:

  • 📞 Report the Accident: Notify your insurance company of the accident as soon as possible.
  • 📞 Be Careful What You Say: Avoid making statements that could be used against you. Stick to the facts and avoid speculation.
  • 📞 Don't Sign Anything Without Consulting a Lawyer: Before signing any documents or accepting any settlement offers, consult with an attorney to ensure you understand your rights.
  • 📞 Negotiate: Be prepared to negotiate with the insurance company. Your attorney can help you determine the value of your claim and negotiate a fair settlement.

The Importance of a Timely Investigation

Evidence in drunk driving cases can disappear quickly. Witness memories fade, surveillance footage gets overwritten, and accident scenes are cleaned up. It's crucial to begin investigating the accident as soon as possible. An attorney can help you gather evidence, interview witnesses, and preserve evidence before it's lost.

Criminal vs. Civil Cases: Understanding the Difference

It's important to understand the difference between the criminal case against the drunk driver and your civil case for damages. The criminal case is brought by the state of Missouri against the driver for violating drunk driving laws. Your civil case is a separate legal action that you bring against the driver to recover compensation for your injuries and damages.

Criminal Case Impact: A conviction in the criminal case can be helpful in your civil case, as it can be used as evidence of the driver's negligence. However, even if the driver is acquitted or the charges are dropped in the criminal case, you can still pursue a civil claim.

Statute of Limitations in Missouri Drunk Driving Accident Cases

Time is of the Essence: In Missouri, the statute of limitations for personal injury claims is typically five years from the date of the accident (Missouri Revised Statute § 516.120). This means you must file a lawsuit within five years of the accident, or you will lose your right to sue.

Exceptions: There are some exceptions to the statute of limitations, such as cases involving minors. If you are unsure about the statute of limitations in your case, consult with an attorney as soon as possible.

Why You Need a Missouri Car Accident Lawyer

Drunk driving accident cases can be complex and challenging. An experienced Missouri car accident lawyer can provide invaluable assistance in the following ways:

  • ⚖ Investigating the Accident: Gathering evidence and interviewing witnesses to build a strong case.
  • ⚖ Negotiating with Insurance Companies: Protecting your rights and negotiating a fair settlement.
  • ⚖ Filing a Lawsuit: Representing you in court if a settlement cannot be reached.
  • ⚖ Understanding Missouri Law: Navigating the complexities of Missouri's drunk driving laws and dram shop laws.
  • ⚖ Maximizing Your Compensation: Ensuring you receive the full compensation you deserve for your injuries and damages.
  • ⚖ Providing Peace of Mind: Allowing you to focus on your recovery while they handle the legal aspects of your case.

Common Mistakes to Avoid After a Drunk Driving Accident

To protect your rights and maximize your potential compensation, avoid these common mistakes:

  • ❌ Delaying Medical Treatment: Prompt medical attention is crucial for your health and your claim.
  • ❌ Giving a Recorded Statement to the Insurance Company Without Consulting a Lawyer: Insurance companies may use your statements against you.
  • ❌ Accepting a Quick Settlement Offer: Insurance companies often offer low settlements to minimize payouts.
  • ❌ Failing to Document Your Damages: Keep detailed records of your medical expenses, lost wages, and other damages.
  • ❌ Posting About the Accident on Social Media: Insurance companies may use your posts to undermine your claim.
  • ❌ Missing the Statute of Limitations: File your lawsuit within the time limit to protect your right to sue.

Conclusion

Being injured in a drunk driving accident is a traumatic experience. Understanding your rights and taking the right steps can help you recover the compensation you deserve. If you or a loved one has been injured by a drunk driver in Missouri, it's essential to consult with an experienced Missouri car accident lawyer to protect your rights and pursue your claim.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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