Herculaneum, MO

Drunk Driving Accident Lawyers Herculaneum, MO

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Drunk Driving Accident Lawyers in Herculaneum, MO. We all have a obligation to each other to follow the rules of the road and keep each other safe. When another person drives drunk, they're making an extremely self-centered and reckless choice. If you or a family member was hurt because of that decision, you have a right to pursue justice through a financial recovery. Motor vehicle crashes and the subsequent injuries are always unexpected, and the financial reverberations from medical expenses and lost wages are sudden and severe. Halvorsen Klote's Herculaneum, MO drunk driving accident lawyers have pledged their lives 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 somebody made the horrible decision to drink and drive, call HK Law today at 866-382-4167 or contact us online.

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

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Drunk Driving Statistics | Herculaneum, MO Drunk Driving Accident Lawyers

Though drunk driving deaths have decreased 45 percent since 1982, there are still far too many people on the Herculaneum, MO roads who endanger others by drinking and driving. When they do and harm you, the Herculaneum, MO drunk driving accident lawyers of Halvorsen Klote will stand by your side and make certain they are held responsible and you collect the great financial recovery you need to be made whole again.

According to reporting from the National Highway Traffic Safety Administration, 28 people die every day in drunk driving wrecks, which amounts to one person every 52 minutes, and over 10,000 people a year. According to data from the Centers for Disease Control and Prevention, in both Illinois and Missouri, 2.2 percent of drivers acknowledged driving after having too much to drink in the previous month. The annual cost associated with drunk driving accidents in the United States adds up to more than $44 billion.

The Missouri Traffic Safety Compendium found that in 2021 alcohol and drug impaired driving contributed to 4,027 auto crash injuries and 287 fatalities, 8 percent and 28 percent of the state's total motor vehicle crash injuries and deaths, respectively.

The Illinois 2020 Crash Facts reports that almost 20 percent of the 1,088 fatal wrecks in the state could be contributed to alcohol. Of 448 drivers who perished and were tested for alcohol, 37.1 percent tested positive.

If you've been harmed because another driver drove drunk in Herculaneum, 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? | Herculaneum, MO Drunk Driving Accident Lawyers

In both Missouri and Illinois, it is criminal for a person to drive or be in ”actual physical control” of an automobile:

  • With a blood alcohol concentration of at least .08
  • While under the influence of alcohol
  • While under the influence of alcoholand/or illegal substances to an extent that makes the person unable to drive safely

The two states differ somewhat in terms of penalties:


  • First offense: Up to 6 months in jail, fines up to $1,000, a license revocation of 30 days and potentially having the ignition interlock device placed on your vehicle.
  • Second offense: Up to 1 year in jail, fine no greater than $2,000, a license revocation of 1 year and an ignition-blocking breathalyzer placed in your car for a minimum of 6 months.
  • Third offense: Up to 4 years in jail, fine no greater than $10,000, a license revocation of 10 years and the the ignition interlock device placed in your car 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.

While it's a good thing that there are harsh penalties for people who drive drunk, it doesn't help you receive compensation for your damages. Once in a while, drunk drivers can avoid a criminal conviction or plead guilty to a lesser charge. The Herculaneum, MO drunk driving accident lawyers of Halvorsen Klote will still be able to hold them accountable in your civil case and get you a complete financial recovery for your injuries.

Below are some helpful links and FAQs from your HK Law Drunk Driver Accident Lawyers in Herculaneum, MO:

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

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

While a drunk driver is decidedly at fault for your damages according to the negligence per se doctrine, there could be other people who are liable. Missouri and Illinois each have what are known as dram shop laws, wherein your drunk driving accident lawyers can help you hold a restaurant, or other licensed alcohol vendor responsible. Again, the statutes are a bit different in each state:


Following 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 showed:
    • Significantly uncoordinated physical behavior
    • Substantial 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 states that a blood alcohol content above .08% alone is not prima facie, or lawfully sufficient to prove liability. You and your drunk driving accident lawyers must prove the establishment and their employees saw physical impairment, such as:

  • Falling
  • Slurring when they talk
  • Tipping over their drink
  • Knocking objects over
  • Extremely impaired motor movements


Illinois's Dram Shop Law is uncommon in that the person who caused you harm did not have to be "visibly intoxicated" for a restaurant to be to blame. 235 ILCS 5/6-21, the Illinois Liquor Control Act, allows an injured person to make a claim against a licensed liquor vendor if:

  • A vendor-patron relationship existed, meaning you can demonstrate that the vendor sold the drunk driver alcohol.
  • You can demonstrate that the alcohol sold by the bar caused the drunk driver's intoxication.
  • You can prove that the driver's drunkenness was the proximate cause of your damages.

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

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

What Compensation Can I Collect? | Herculaneum, MO Drunk Driving Accident Lawyers

The recovery you receive will count on the severity of your injuries and the talent of your drunk driving accident lawyers. When you hire Halvorsen Klote, we'll fight to deliver you a great financial recovery for:

Economic damages, for example:

  • Lost wages for time spent off work recovering
  • Lost earning capacity if your injuries lead to an impairment that disallows you from carrying out the tasks of your job anymore
  • Medical expenses, for instance
    • Emergency room bills
    • Follow up doctors visits
    • Surgeries
    • Physical rehabilitation
    • Medication
    • In-home medical care
    • Assistive devices such as wheelchairs or required improvements to your vehicle
    • 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 care
    • Property damage, for example damage to your vehicle

Noneconomic damages, such as:

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

The Herculaneum, MO drunk driving accident lawyers of Halvorsen Klote have the experience, determination, and legal skills needed to get you the best possible financial recovery that you are entitled to.

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

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Herculaneum, MO Drunk Driving Accident Lawyers | Halvorsen Klote

You should not have to pay because another person made a careless decision, and you do not have to navigate this difficult time alone. The Herculaneum, MO drunk driving accident lawyers of Halvorsen Klote are understanding, skilled, and accomplished in holding drunk drivers accountable in Herculaneum, MO for their irresponsible behavior. We keep you informed throughout the entire legal process, and give you every piece of information you require to make the best decision for you and your family. Call the Herculaneum, 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.