If you or a loved one has been injured by an intoxicated driver, you are facing a devastating and unjust situation. The aftermath of a drunk driving accident can be overwhelming, leaving car accident victims with severe injuries, mounting medical bills, and significant emotional distress. While the criminal justice system holds the drunk driver accountable for their crime, it does not provide the financial compensation you need to rebuild your life.
At Presley and Presley Trial Lawyers, our dedicated Kansas City drunk driving accident lawyer team is here to fight for you. We focus on the civil legal action necessary to help you recover compensation from the at-fault party and their insurance companies.
Key Takeaways for Kansas City Drunk Driving Accident Lawyer
- A drunk driving accident gives rise to two separate legal proceedings: a criminal case against the intoxicated driver and a civil claim for the victim to seek compensation.
- Victims can pursue economic damages, such as medical expenses and lost wages, and non-economic damages for pain and suffering.
- Under Missouri's dram shop laws, an establishment that served alcohol to a visibly intoxicated person may also be held liable for the accident caused.
- Due to the reckless behavior involved, victims may be entitled to punitive damages in addition to standard compensation, which are intended to punish the at-fault driver.
- Evidence such as police reports, medical records, and witness testimony is critical for proving fault and the extent of damages in drunk driving accident claims.
Why Choose Presley and Presley Trial Lawyers for Your Drunk Driving Accident Case?
When you’re facing the consequences of a drunk driving accident, you need a law firm that insurance companies respect and fear.
- Proven Results: We have a nationwide reputation for securing maximum compensation for clients in catastrophic personal injury cases, including those involving drunk driving crashes. Insurance adjusters know we are expert litigators who will not accept a lowball offer.
- Dedicated Resources: We are a small but powerful firm with the resources, expertise, and access to accident reconstruction specialists needed to build the strongest possible drunk driving accident case against even the largest corporations.
- Client-Focused Approach: We provide personalized attention and innovative legal strategies. We don’t take on a large number of cases, which allows us to give your drunk driving accident claim the focus it deserves. Our mission is to give victims a voice and achieve justice.
Contact us today for a free consultation to discuss your case with a leading car accident lawyer in Kansas City.
Steps to Take After a Drunk Driving Accident in Kansas City
The actions you take immediately after an auto accident caused by a drunk driver are crucial for your health and your legal claim.
- Seek Medical Attention Immediately: Your health is the top priority. Even if you feel fine, some serious injuries like traumatic brain injuries or internal damage may not have immediate symptoms. A medical report from medical professionals is vital evidence.
- Contact the Police: A police report is one of the most important documents in your case. It will contain details about the accident, note if the other driver was visibly intoxicated, and may include results from a test of their blood alcohol concentration (BAC).
- Gather Evidence at the Scene: If you are able, take photos and videos of the vehicles, the scene, your injuries, and any relevant details. Get contact information from any witnesses.
- Do Not Speak with Insurance Adjusters: The at-fault party's insurance company will likely contact you. They are not on your side. Politely decline to give a statement and direct them to your attorney.
- Call a Kansas City Drunk Driving Accident Attorney: Contact Presley and Presley Trial Lawyers for a free case evaluation. The sooner we get involved, the better we can protect your rights and begin building your case.
Recovering Maximum Compensation for Drunk Driving Accident Victims
As the injured party, you have the right to seek compensation for all the ways this accident has impacted your life. Our injury attorneys will meticulously document your losses to ensure you receive fair compensation for both economic and non-economic damages.
We fight to recover compensation for:
- Medical Expenses: Including emergency care, hospitalization, surgery, physical therapy, and future medical needs.
- Lost Wages: Compensation for the income you've lost while unable to work.
- Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous career.
- Pain and Suffering: For the physical pain and emotional distress caused by the accident.
- Property Damage: For the repair or replacement of your vehicle.
- Punitive Damages: In cases of extreme reckless behavior, such as a drunk driving accident, Missouri law allows victims to seek punitive damages. These are intended to punish the at-fault party and deter similar conduct in the future.
In the tragic event of fatal crashes, we represent families in wrongful death claims to secure justice for their profound loss.
How We Build a Winning Drunk Driving Accident Claim
A successful outcome in drunk driving cases depends on a thorough investigation and a powerful legal strategy. Our process includes:
- Gathering Evidence: We immediately secure all police reports, witness statements, and evidence of the other driver’s intoxication, such as BAC test results.
- Accident Reconstruction: We work with accident reconstruction specialists to prove exactly how the car accident occurred, which is critical in cases involving a head-on collision or a T-bone accident.
- Calculating Damages: We consult with medical and financial experts to calculate the full extent of your damages, including future medical bills and lost wages, to ensure you receive the compensation you need for life.
- Negotiating with Insurance Companies: We handle all communications with insurance adjusters, protecting you from their tactics and fighting for a settlement that covers all of your losses.
- Litigation: If a fair settlement cannot be reached, our trial lawyers are prepared to take your drunk driving accident case to court to demand justice.
Common Injuries in Drunk Driving Crashes
Because intoxicated driver accidents often happen at high speeds and without warning, they frequently result in serious accidents with catastrophic injuries. We have experience with a wide range of car accident cases involving:
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries and Paralysis
- Neck Injuries and Whiplash
- Broken Bones and Multiple Fractures
- Internal Organ Damage
- Amputations
These severe injuries can alter a person's life forever, and we fight to ensure your compensation reflects that reality.
Holding All At-Fault Parties Accountable: Missouri's Dram Shop Laws
In some Kansas City drunk driving cases, the driver is not the only liable party. Missouri's "dram shop" law (Section 537-053) allows victims to file a claim against a bar, restaurant, or other establishment that sold alcohol to a visibly intoxicated person who then caused an accident. Our legal team will investigate whether a third party also shares responsibility for your injuries.
FAQ for Kansas City Drunk Driving Accident Lawyer
What if the drunk driver who hit me was uninsured or fled the scene?
If you were injured by an uninsured, underinsured, or hit-and-run drunk driver, you may still be able to recover compensation. Your own auto insurance policy likely includes Uninsured/Underinsured Motorist (UM/UIM) coverage. This provision allows you to file a claim with your own insurer to cover your medical expenses, lost wages, and other damages, just as you would with the at-fault party's insurance.
How long do I have to file a drunk driving accident claim in Missouri?
In Missouri, the statute of limitations for most personal injury cases, including those from car accidents, is five years from the date of the accident. For a wrongful death claim, the family typically has three years. It is critical to contact a lawyer well before this deadline, as gathering evidence and building a strong case takes time. If you miss the deadline, you will lose your right to seek compensation.
How does the drunk driver's criminal case affect my civil lawsuit?
The criminal case and your civil lawsuit are separate legal actions. However, the outcome of the criminal case can significantly help your civil claim. A guilty plea or conviction for DUI serves as powerful evidence of the driver's negligence and fault in your personal injury case. Your attorney can use this to strengthen your position when negotiating with insurance companies or arguing in court.
Will I have to go to court for my drunk driving accident case?
Most personal injury cases, including those involving drunk drivers, are settled out of court through negotiations. Insurance companies often prefer to settle to avoid the risk and expense of a trial, especially when the evidence against their policyholder is strong. However, if the insurance company refuses to offer fair compensation, our experienced trial lawyers are fully prepared to take your case to court to fight for the maximum compensation you deserve.
Can I still receive compensation if I was partially at fault for the accident?
Yes. Missouri follows a "pure comparative fault" rule. This means you can still recover damages even if you are found to be partially responsible for the accident. However, your total compensation award will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 10% at fault, your final award would be reduced by 10% to $90,000. It is crucial to have an attorney who can effectively argue against any unfair allegations of fault from the other side.
Contact a Kansas City Drunk Driving Accident Lawyer Today
Do not bear the burden of a drunk driving accident alone. The experienced personal injury law team at Presley and Presley Trial Lawyers is ready to help you navigate the legal documents and fight for the justice you deserve. We handle all types of motor vehicle accidents, including those caused by distracted driving and drowsy driving, but we have a special focus on holding drunk drivers fully accountable.
Schedule a free initial consultation with a top drunk driving accident lawyer in Kansas City to learn how we can help you. There are no fees unless we win your case. Contact us today at 816.931.4611 or through our online form to discuss your potential case.