In a drunk driving accident, multiple parties may bear legal responsibility for your injuries, depending on the facts of the case, and may include:

• The Impaired Driver: The person who operated a vehicle while intoxicated and caused the crash.
• Vehicle Owner: If someone lent their car to an intoxicated or unlicensed driver, they may share liability under negligent entrustment.
• Bars, Restaurants, or Social Hosts: Under Missouri’s dram shop laws, alcohol vendors may be liable if they served a visibly intoxicated person who then caused harm.
• Employers: If the drunk driver was acting within the scope of employment at the time of the crash, their employer could be held vicariously liable.
• Other Negligent Parties: This may include government entities responsible for road maintenance, auto manufacturers in cases of vehicle defects, or other drivers who contributed to the crash.

Each case is fact-specific, and identifying all liable parties is critical to maximizing your recovery.

To recover compensation in a civil case, the burden is on the plaintiff (the accident victim) and their attorney to prove the four essential elements of negligence:

• Duty of Care: The at-fault driver had a legal obligation to operate their vehicle safely and follow traffic laws.
• Breach of Duty: The driver failed to uphold that duty, such as by driving while impaired.
• Causation: The driver’s breach directly caused the crash and your injuries.
• Compensable Damages: You suffered actual, legally recognized harm, such as medical expenses, lost wages, or pain and suffering, as a result.

Demonstrating that the at-fault driver was impaired at the time of the crash can be critical in proving a breach of duty, but it is not determinative on its own.

Our experienced St. Louis drunk driving accident attorneys use comprehensive strategies to establish liability, regardless of whether the state pursues criminal charges:

• Criminal Case Evidence (When Available): If a criminal investigation occurs, we may obtain police reports, toxicology results, and witness statements to support your civil claim. However, the availability and admissibility of this evidence can vary depending on the outcome of the criminal case.
• Medical Records: We may subpoena hospital records, including blood alcohol concentration (BAC) levels, which can provide important context regarding the driver’s level of impairment.
• Accident Reconstruction: We can work with expert reconstructionists who analyze vehicle damage, skid marks, and other physical evidence to offer a scientific assessment of how the crash occurred and whether the driver’s impairment contributed.
• Field Sobriety Tests and Officer Observations: When available, we may review dash cam footage and field sobriety test results to evaluate the driver’s behavior, coordination, and compliance with law enforcement.
• Expert Toxicology Analysis: In complex cases, we often retain toxicologists to assess how alcohol or drug levels likely affected the driver’s cognitive and motor functions at the time of the crash.

Drunk driving crashes in St. Louis are often marked by high speeds, delayed reaction times, and sudden, erratic movements, all of which can amplify the force of impact. These  collisions frequently cause serious, sometimes permanent injuries, including:

• Traumatic brain injuries
• Spinal cord injuries
• Multiple fractures
• Internal organ damage
• Facial and dental trauma
• Severe soft-tissue injuries

Many of these injuries may lead to complications, requiring ongoing medical care and rehabilitation. Since Missouri does not cap economic or non-economic damages in most personal injury cases outside of medical malpractice, detailed documentation of your medical care and long-term impact is essential to accurately valuing your claim.

The purpose of a personal injury lawsuit is to make you whole by seeking financial compensation for all the losses you’ve suffered as a result of the accident, including both economic and non-economic damages:

Economic Damages refer to the tangible, out-of-pocket financial losses a person suffers as a result of an injury or accident.

• Past and future medical expenses (e.g., hospital bills, surgery, therapy, rehabilitation).
• Lost wages due to missed work, and loss of future earning capacity if you are unable to return to your prior employment.
• Property damage, including repair or replacement of your vehicle.
• Other out-of-pocket costs related to the injury, such as transportation to medical appointments or necessary home modifications.

Non-Economic Damages refer to the intangible, non-financial losses resulting from an injury. These damages compensate for the subjective impact of the accident on your quality of life and well-being, such as:

• Physical pain and suffering: Ongoing or chronic physical discomfort caused by the injury.
• Emotional distress and mental anguish: Psychological effects such as anxiety, depression, or trauma.
• Loss of enjoyment of life: The diminished ability to participate in activities or hobbies you once enjoyed.

In rare but serious cases, such as those involving willful misconduct or a conscious disregard for the safety of others, we may also seek punitive damages. Unlike compensatory damages, punitive damages are intended to punish the defendant for egregious conduct and to deter similar behavior within the St. Louis community.

Insurance companies often try to settle claims quickly and cheaply, leveraging your vulnerable position. A dedicated St. Louis car accident lawyer at Buchanan, Williams & O’Brien handles the legal process on your behalf, allowing you to focus on your recovery. If necessary, we are fully prepared to take your case to trial to fight for the justice you deserve.

If another party’s negligent and reckless behavior has changed your life, you need strong, experienced advocacy. Contact us today to schedule a free, no-obligation consultation.