Springfield Drunk Driving Accident Lawyer
Drunk driving Accident Lawyers Serving Springfield
Were you injured in an accident caused by the negligence of a drunk driver? Our experienced Springfield 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.
- Committed to always treating clients with courtesy and respect
- Benefit from the unrivaled experience of our statewide team of lawyers
- Trust the proven success we’ve delivered to clients for decades
Springfield Drunk Driving Accidents
Drunk driving accidents remain one of the most devastating and preventable causes of injury and death in Springfield, across Missouri, and throughout the United States. Every day, about 29 people die in car accidents involving a drunk driver. Everyone has a duty to operate their vehicle safely and never drive under the influence. When impaired drivers cause crashes that shatter lives, they should be held accountable.
A car accident lawyer in Springfield at Buchanan, Williams & O’Brien, P.C. can protect your rights and fight so that you receive the maximum compensation for your losses. We have decades of trusted advocacy and provide personal attention and compassionate care for our clients.
Based on your injuries and prognosis, we know a fair settlement amount for your claim. While most cases are settled, we will proceed to trial if the insurance company does not agree to a reasonable settlement.
Local and National Drunk Driving Accident Statistics
The National Highway Traffic Safety Administration (NHTSA) estimates that about 30 % of all traffic crash fatalities in the U.S. involve drunk drivers. In Missouri, impaired driving accounts for 18 % of traffic fatalities (i.e., nearly 1 in 5 fatal crashes), and between 2005 and 2014, alcohol contributed to more than 90,000 crashes. Within that period, fatal crashes accounted for about 3,000 of them, with an average of 239 deaths per year.
In Springfield, the city’s Traffic Services Statistics report that in 2023, there were 219 alcohol- or drug-related crashes, including seven fatal accidents, 86 crashes with serious injuries, and 126 with no injuries or fatalities. Together, these figures underscore that intoxicated driving is a persistent and lethal danger, reinforcing the importance of a Springfield drunk driving accident attorney in a DUI case.
Proving Negligence in a Drunk Driving Claim in Springfield
To recover damages in a drunk driving claim, you must show that the other driver was negligent. In Missouri, driving while intoxicated can constitute negligence per se, meaning the act of violating a safety statute (such as Missouri’s DWI law) is automatically considered a breach of the duty of care. Still, you must prove the remaining elements of negligence:
- Duty – The defendant had a legal obligation to act with reasonable care to avoid harming others, such as driving safely and obeying traffic laws.
- Breach – By driving while intoxicated and violating Missouri’s DWI statute, the defendant failed to meet that duty. This violation is negligence per se.
- Causation – The defendant’s breach of duty directly caused the plaintiff’s injuries; the harm would not have occurred but for the defendant’s actions.
- Damages – The plaintiff suffered compensable losses — such as medical bills, lost income, pain and suffering, or property damage — because of the defendant’s conduct.
Remember, negligence per se strengthens a drunk driving claim in Missouri, but for your claim to succeed you must still prove that the driver’s intoxication directly caused your injuries and led to measurable losses.
The Statute of Limitations
It’s important to act quickly after a drunk driving accident. In Missouri, the statute of limitations for filing a personal injury lawsuit is generally five years from the date of the accident. If you fail to file your claim within this period, you may lose your right to recover compensation.
Certain exceptions may apply, so it’s wise to speak with a drunk driving accident attorney in Springfield as soon as possible to protect your rights.
Your Legal Rights After a Drunk Driving Crash in Springfield
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.
Confused about drunk driving accidents in Springfield? Our attorneys are here to answer your questions.
Potential Compensation After a Springfield Drunk Driving Accident
If you were injured in a drunk driving accident in Springfield, you may be entitled to compensation through an insurance settlement or jury award. Recoverable damages typically include medical expenses (past and future), lost wages, reduced earning capacity, pain and suffering, and property damage.
In addition, Missouri’s Crime Victims Compensation Program may offer up to $25,000 in financial assistance. Although designed for victims of violent crime, it also covers injuries from drunk driving and can help with medical bills, counseling, lost income, and loss of support.
How Pure Comparative Negligence Can Affect Your Compensation
When it comes to liability, Missouri follows a pure comparative negligence system. This means that even if an injured person is partly at fault for the accident, they may still recover damages. However, their compensation is reduced by their percentage of fault, as determined by the judge or jury. For example, if a plaintiff is found to be 25 percent at fault, a $100,000 award would be reduced to $75,000.
In drunk driving cases, insurers sometimes try to argue that the victim was also negligent — for instance, by speeding, failing to signal, or breaking another traffic law. This tactic attempts to reduce the drunk driver’s share of responsibility and lower the payout. We can push back against these arguments and work to protect the full value of your claim.
Schedule a Free Consultation
If you’ve been harmed by an intoxicated motorist, you need the services of an experienced Springfield drunk driving accident lawyer at Buchanan, Williams & O’Brien, P.C. We represent clients throughout all of Missouri, including Joplin and St. Louis. Schedule a free, no-obligation consultation today
Contact Us
