Drunk driving Accident Lawyers Serving Missouri
Were you injured by an accident caused by a drunk driver? Our skilled Missouri drunk driving accident attorneys can help. Find answers to your questions, discover next steps, and more here.
Buchanan, Williams & O’Brien has been a trusted law firm serving Missourians for over 40 years.
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Drunk Driving Accidents in Missouri
If you’ve been injured by a drunk driver in Missouri, your life is often changed forever. Recovery could take months, and many accident victims suffer permanent disability. A negligent driver not only destroyed your health but also impacted your job, family, and finances. Under Missouri law, it is unlawful to drive with a blood alcohol concentration of 0.08% or higher, and drivers under 21 are prohibited from operating a vehicle with any measurable amount of alcohol.
A Missouri drunk driving accident attorney at Buchanan Williams & O’Brien, P.C. will protect your rights during this difficult time and fight so that you may receive the maximum compensation for your injuries and losses. We are known for our aggressive, zealous advocacy for our clients’ rights. You can rest assured that when you choose a BWO lawyer, you have the support of our entire team. We serve clients throughout Missouri, including the greater St. Louis area, Joplin, and Springfield.
Drunk Driving Statistics for Missouri
Missouri continues to struggle with the impact of impaired driving. The state ranks 11th nationally for the rate of drunk drivers involved in fatal crashes, with 5.92 incidents per 100,000 licensed drivers. It also ranks 11th for the percentage of traffic deaths caused by drivers who had been drinking but were technically below the legal limit of 0.08, accounting for 6.69% of all fatalities. It also has the 12th-highest per capita death rate from crashes involving legally drunk drivers, with 4.30 deaths per 100,000 residents. These troubling statistics highlight why drunk driving cases are taken so seriously.
Insurance adjusters have a job, and that is to deny you the benefits you are rightly owed. Our law firm will level the playing field by providing tough, knowledgeable advocacy for you and your family.
Criminal Charges vs. Personal Injury Lawsuit After a Drunk Driving Accident
Drunk driving is a crime in Missouri, and intoxicated drivers may face criminal charges that can result in fines, jail time, or loss of their license. Whether charges are filed often depends on the circumstances of the crash and the evidence of impairment. In criminal court, prosecutors must prove the case “beyond a reasonable doubt.”
In contrast, a drunk driving lawsuit is heard in civil court. Liability is established by a “preponderance of the evidence,” a lower standard than in criminal court. Your Missouri drunk driving attorney must prove that the defendant was legally intoxicated at the time of the accident.
No matter the outcome of the criminal case, you can file a personal injury lawsuit against the liable parties. While a guilty plea or verdict can benefit your civil case, it does not affect your ability to sue the defendant.
Liability in Missouri Drunk Driving Accidents
In most cases, the intoxicated driver who caused the crash is the primary defendant. However, liability can extend to others in certain situations. A vehicle owner may share responsibility if they knowingly allowed an impaired person to drive, particularly if they were aware of that driver’s prior DUI history.
In rare cases, a rental car company could also face liability — but only if it was negligent in renting the vehicle, such as ignoring clear evidence that the driver was unlicensed or unsafe.
Dram Shop Law
Under Missouri’s Dram Shop law, bars and restaurants may be held liable for drunk driving accidents if they knowingly serve alcohol to a minor or to someone who is visibly intoxicated — meaning a person showing clear signs of physical impairment. Proving such a claim requires strong evidence, such as surveillance footage, receipts, or eyewitness testimony. This law does not cover liquor stores and supermarkets that sell alcohol for off-site consumption.
Proving Negligence in a Drunk Driving Case
In Missouri, drunk driving cases often involve the doctrine of negligence per se. This legal principle means that when a driver violates a safety statute, such as Missouri’s DWI law, that violation is automatically considered a breach of the duty of care. While this strengthens a victim’s case, you and your attorney must still prove the other elements of negligence to recover damages.
The four elements of negligence are:
- Duty – The driver owed a legal obligation to operate their vehicle safely and follow traffic laws.
- Breach of duty – By driving while intoxicated, the driver failed to meet that duty of care.
- Causation – The driver’s intoxication and resulting conduct directly caused the accident and your injuries.
- Damages – You suffered measurable losses, such as medical expenses, lost wages, pain and suffering, or property damage.
Negligence per se simplifies part of the process by establishing breach. However, for your claim to succeed, you must still show that the drunk driver’s actions caused your injuries and resulted in compensable losses.
Potential Compensation After a Drunk Driving Accident
Damages, or compensation, in a personal injury lawsuit may include:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Property damage
- Pain and suffering
In some cases, a jury may award punitive damages if the driver behaved in a particularly egregious manner, for example, a repeat offender who drove with an extremely high blood alcohol content and caused a devastating crash that left the victim permanently disabled. Punitive refers to punishment, and these damages are awarded to show the consequences of such acts.
Statute of Limitations
The statute of limitations is five years for filing a drunk driving injury claim. However, it’s wise to consult a Missouri drunk driving lawyer as soon as possible. A successful personal injury lawsuit depends on strong evidence. It is difficult, if not impossible, for example, to obtain local surveillance footage of the accident if the victim waits years before hiring a lawyer. Eyewitnesses may no longer be available to provide testimony, police dashcam or 911 recordings may be deleted, and skid marks or other physical evidence at the scene may fade.
Confused about pedestrian accidents in Joplin? Our attorneys are here to answer your questions.
Contact a Missouri Drunk Driving Accident Attorney
If a drunk driver seriously injured you, you need the services of an experienced Missouri car accident lawyer at Buchanan Williams & O’Brien, P.C. We investigate every aspect of your case, including:
- Police reports
- Breathalyzer results
- Medical reports
- Witness testimony
Based on your specific injuries and circumstances, we know a fair settlement amount for your case. While most personal injury cases are settled, we will take your case to trial if the insurer fails to agree to a reasonable settlement.
Schedule a free, no-obligation consultation today. We will evaluate your case and review your options. Since we work on a contingency basis, you pay no fee unless you receive compensation.
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