Have you been injured in a car accident caused by a drunk driver? Sadly, you are not alone. The Missouri State Highway Patrol responded to more than 4,800 alcohol- and drug-related collisions in one recent year, and alcohol-related traffic accidents kill hundreds across the state every year. It’s important to understand that you have rights, including the right to compensation from the drunk driver who hit you – provided you exercise them quickly.
Immediate Steps to Take After a Drunk Driving Crash
It’s important that you know what happens if a drunk driver hits you, because this can help you assert your rights and recover fair compensation. The following are a few immediate steps to take after an accident with a driver you think is intoxicated:
- Contact the police and tell them what happened. Be sure to communicate your suspicions that the driver is intoxicated so that they can conduct a sobriety test.
- Get as much of the driver's contact and insurance information as you can, given their state. Be careful not to escalate things if they act erratically.
- Seek medical attention as soon as you leave the scene, and tell the doctor you’ve been in a car accident with a drunk driver. That way, your injuries are treated and there is documentation linking the accident to your injuries.
- Report the accident to your insurance provider. Keep your statements brief and factual.
- Write down your recollection of the accident while it’s fresh in your mind. Include as many details as possible, including anything you noticed that suggested they were drunk.
Once you’ve completed these steps, contact a drunk driving accident lawyer and ask for a free consultation about what happened and how to protect your legal rights.
Criminal Prosecution vs. Civil Lawsuits in Missouri
Drunk driving is a crime in Missouri, and the state may prosecute the person who hits you. However, the criminal case will not provide you with compensation for what you personally suffered because of the intoxicated driver’s unsafe behavior. Instead, you can bring your own civil claim against the drunk driver. Civil cases and criminal cases are independent of each other and are heard in separate court systems. Further, because the standard of proof is lower in civil courts, you can also win your case against the drunk driver even if the state prosecutors lose theirs.
Compensation Options and Punitive Damages for Victims
If the drunk driver is at fault for injuring you, you can recover compensation for the following:
- Past and future medical expenses
- Lost income and diminished earning potential
- Pain and suffering
- Reduced quality of life
- Property damage, including repairing or replacing your vehicle
You could also claim punitive damages if the driver “acted with a deliberate and flagrant disregard for the safety of others.” An example would be if they had a history of drunk driving. These “exemplary damages” do not compensate you for something you lost. Rather, they punish the drunk driver in the hope of deterring them – and others – from behaving recklessly in the future.
Understanding Third-Party Liability and Dram Shop Laws
While you can sue a drunk driver in Missouri for compensation, they are not the only person who could be liable for their mistakes. The Missouri dram shop law gives you the right to sue the business that sold alcohol to an underage consumer or someone who was already visibly intoxicated. Doing so can increase the value of your claim and help you recover more compensation than you would from the drunk driver alone.
Contact Our Kansas City Drunk Driving Accident Lawyers for Help
Don’t try to pursue your drunk driving accident claim on your own. One mistake could keep you from getting the fair compensation you deserve. Presley and Presley Trial Lawyers have considerable experience handling Kansas City DUI accident claims, and we know how to get you the fair compensation you deserve. Contact us today to get started with your free, no-obligation, fully confidential consultation.
