Drunk Driving Accident Lawyers Elsberry, MO | Auto Accident Law Firm | Personal Injury Attorney | Halvorsen Klote

Elsberry, MO

Drunk Driving Accident Lawyers Elsberry, MO

Call 817-51-HKLAW for a Free Consultation and Case Review.

Drunk Driving Accident Lawyers in Elsberry, MO. We all have a responsibility to each other to heed the rules of the road and keep each other safe. When another person drives drunk, they're making an extremely self-centered and careless decision. If you or a family member was hurt as a result of that decision, you deserve to pursue justice in the form of financial compensation. Motor vehicle crashes and the subsequent injuries are always unanticipated, and the financial reverberations from medical bills and lost wages are immediate and severe. Halvorsen Klote's Elsberry, MO drunk driving accident lawyers have dedicated their careers to offering the injured and vulnerable in Missouri and Southern Illinois the same high quality legal representation that large corporations have. If you were injured because someone made the dreadful decision to drink and drive, call HK Law today at 866-382-4167 or contact us online.

Drunk Driving Accident Lawyer Elsberry, MO | Auto Accident Law Firm | Personal Injury Lawyer Near Elsberry

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Drunk Driving Statistics | Elsberry, MO Drunk Driving Accident Lawyers

Though drunk driving deaths have diminished 45 percent since 1982, there are still far too many people on the Elsberry, MO roads who jeopardize others by drinking and driving. When they do and end up injuring you, the Elsberry, MO drunk driving accident lawyers of Halvorsen Klote will stand by your side and make certain they are held accountable and you are awarded the best possible financial recovery you need to be made whole again.

According to the National Highway Traffic Safety Administration, 28 people are killed every day in drunk driving wrecks, which amounts to one fatality every 52 minutes, and more than 10,000 people annually. According to reporting from the Centers for Disease Control and Prevention, in both Illinois and Missouri, 2.2 percent of drivers confessed driving after drinking too much in the last 30 days. The annual cost of drunk driving collisions in the United States is more than $44 billion.

The Missouri Traffic Safety Compendium found that in 2021 alcohol and drug impaired driving was a factor in 4,027 car collision injuries and 287 fatalities, 8 percent and 28 percent of the state's total traffic-related injuries and fatalities, respectively.

The Illinois 2020 Crash Facts states that 19.7 percent of the 1,088 fatal crashes in the state involved alcohol. Of 448 drivers who died and were tested for alcohol, 37.1 percent tested positive.

If you've been hurt because another person drove drunk in Elsberry, MO, call HK Law's drunk driving accident lawyers today at 817-51-HKLAW.

What Are the Drunk Driving Laws and Penalties in My State? | Elsberry, MO Drunk Driving Accident Lawyers

In both Missouri and Illinois, it is criminal for someone to drive or be in ”actual physical control” of a motor vehicle:

  • With a BAC of more than .08
  • While under the influence of alcohol
  • While impaired by alcoholand/or illegal substances to an extent that renders the person unable to drive safely

The two states differ somewhat in terms of penalties:


  • First offense: Up to half a year in jail, fines up to $1,000, a license revocation of 30 days and the possibility of having an ignition-blocking breathalyzer placed in your car.
  • Second offense: Up to 1 year in jail, fine of up to $2,000, a license revocation of 1 year and the ignition interlock device placed on your vehicle for a minimum of 6 months.
  • Third offense: Up to 4 years in jail, fine not exceeding $10,000, a license revocation of 10 years and the the ignition interlock device placed on your vehicle for at least 6 months.


  • First offense: Up to 1 year in jail, fines not exceeding $2,500 and a license revocation of 1 year.
  • Second offense: A range of 5 to 364 days in prison, fines up to $2,500 and a license revocation of 5 years.
  • Third offense: A range of 10 days to 7 years in prison, fines no greater than $25,000 and a license revocation for a decade.

Though it may be encouraging that there are severe consequences for people who drive drunk, criminal penalties don't help you collect compensation for your injuries. Sometimes, drunk drivers can evade a criminal conviction or plead guilty to a lower charge. The Elsberry, MO drunk driving accident lawyers of Halvorsen Klote will still be able to hold them to blame in your civil case and get you a complete financial recovery for your damages.

The following are some helpful links and FAQs from your HK Law Drunk Driver Accident Lawyers in Elsberry, MO:

Drunk Driving Accident Attorneys Elsberry, MO | Auto Accident Law Firm | Personal Injury Attorney Near Elsberry

Who is Responsible for My Injuries? | Elsberry, MO Drunk Driving Accident Lawyers

While a drunk driver is decidedly to blame for your damages according to the negligence per se doctrine, there might be other people who are liable. Missouri and Illinois each have what we call dram shop laws, whereby your drunk driving accident lawyers can assist you in holding a bar, or other licensed alcohol vendor responsible. Again, the laws are somewhat different in each state:


According to Missouri Revised Statute §537.053, your drunk driving accident lawyers must demonstrate two things in order to secure a victory in a dram shop case:

  1. If the patron was "visibly intoxicated," which means they exhibited:
    • Significantly uncoordinated physical action
    • Significant physical dysfunction
  2. If the restaurant or bartender or server was aware or should have been aware of the fact that the patron was under the age of 21

Revised Statute §537.053 also stipulates that a blood alcohol content above .08% by itself is not prima facie, or legally sufficient to demonstrate fault. You and your drunk driving accident lawyers will have to prove the bar or restaurant and their employees saw physical impairment, such as:

  • Falling
  • Slurred speech
  • Spilling their drink
  • Knocking objects over
  • Substantially impaired motor movements


Illinois's Dram Shop Law is uncommon in that the person who injured you did not need to be "visibly intoxicated" in order for a bar to be at fault. 235 ILCS 5/6-21, the Illinois Liquor Control Act, permits an injured person to make a claim against a licensed liquor vendor if:

  • A vendor-patron relationship was established, meaning you can prove that the bought alcohol at that specific restaurant.
  • You can prove that the alcohol sold by the bar or restaurant contributed to the drunk driver's drunkenness.
  • You can demonstrate that the driver's intoxication was the proximate cause of your injuries.

Each year, the Illinois Office of Comptroller is obligated to set liability limits for Dram Shop claims. As of January 20, 2022 those caps are:

  • $77,787.30 for each person incurring damages
  • $95,073.37 per individual when an injury or death led to either loss of support or loss of society.

What Compensation Can I Recover? | Elsberry, MO Drunk Driving Accident Lawyers

The recovery you receive will count on the gravity of your injuries and the skill of your drunk driving accident lawyers. When you hire Halvorsen Klote, we'll fight to win you a full financial recovery for:

Economic damages, for example:

  • Lost wages for time spent off work recovering
  • Lost earning capacity if your injuries result in a disability that disallows you from carrying out the tasks of your job anymore
  • Medical bills, including
    • Emergency room visits
    • Subsequent doctors visits
    • Surgeries
    • Physical rehabilitation
    • Prescriptions
    • In-home medical care
    • Assistive devices such as wheelchairs or required upgrades to your home
    • Future estimated medical costs, such as further physical therapy or medication, or replacement costs for assistive devices or joint replacements
    • Transportation costs related to your medical appointments
    • Property damage, for instance damage to your vehicle

Noneconomic damages, for instance:

  • Pain and suffering
  • Mental anguish
  • Inconvenience
  • Physical impairment
  • Disfigurement
  • Loss of capacity to enjoy life
  • Loss of consortium

The Elsberry, MO drunk driving accident lawyers of Halvorsen Klote have the experience, perseverance, and legal knowledge required to deliver you the maximum financial recovery that you deserve.

Other personal injury cases we take in Elsberry, MO are:

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Elsberry, MO Drunk Driving Accident Lawyers | Halvorsen Klote

You should not have to pay because another driver made a selfish decision, and you do not need to navigate this trying time alone. The Elsberry, MO drunk driving accident lawyers of Halvorsen Klote are compassionate, skilled, and accomplished in holding drunk drivers liable in Elsberry, MO for their selfish actions. We keep you informed throughout the duration of your case, and give you every piece of information you need to make the best decision for you and your family. Call the Elsberry, MO drunk driving accident lawyers of HK Law today at 866-382-4167 or contact us online.

Joel Halvorsen

Joel Halvorsen

Attorney at Law

Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.

Greg Klote

Greg Klote

Attorney at Law

Greg Klote is a partner and founder of Halvorsen Klote.

Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.

Samantha Orlowski

Samantha Orlowski

Attorney at Law

Samantha Orlowski is a practicing attorney Halvorsen Klote.

Samantha joined Halvorsen Klote in 2018 as a law clerk and has since become a practicing attorney. Sam's number one priority is to provide individualized experiences for each client to achieve the best results.