Drunk Driving Accident Lawyers Moberly, MO
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Drunk Driving Accident Lawyers in Moberly, MO. We all have a responsibility to each other to follow the rules of the road and keep each other safe. When someone gets behind the wheel when they're drunk, they're making a ridiculously self-centered and thoughtless decision. If you or someone you love was harmed due to that decision, you deserve to pursue justice in the form of financial compensation. Motor vehicle accidents and their injuries are always unexpected, and the financial repercussions from medical expenses and lost wages are immediate and severe. Halvorsen Klote's Moberly, MO drunk driving accident lawyers have committed their careers to giving the injured and vulnerable in Missouri and Southern Illinois the same high standard of legal advocacy that large corporations have. If you were injured because another person made the horrible decision to drink and drive, call HK Law today at 866-382-4167 or contact us online.
Drunk Driving Statistics | Moberly, MO Drunk Driving Accident Lawyers
Though drunk driving deaths have decreased by almost half since 1982, there are still much too many people on the Moberly, MO roads who put others in danger by drinking and driving. When they do and hurt you, the Moberly, MO drunk driving accident lawyers of Halvorsen Klote will fight for you to make certain they are held accountable and you get the full compensation you need to heal.
According to the National Highway Traffic Safety Administration, 28 people die every day in drunk driving crashes, which adds up to one death every 52 minutes, and over 10,000 people a year. According to 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 30 days. The yearly cost of drunk driving wrecks nationwide adds up to over $44 billion.
The Missouri Traffic Safety Compendium found that in 2021 alcohol and drug impaired driving was a factor in 4,027 motor vehicle accident injuries and 287 deaths, 8 percent and 28 percent of the state's total traffic injuries and fatalities, respectively.
The Illinois 2020 Crash Facts found that almost 20 percent of the 1,088 fatal collisions in the state involved alcohol. Of 448 drivers who perished and were tested for alcohol, 37.1 percent tested positive.
If you've been harmed by a drunk driver in Moberly, 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? | Moberly, MO Drunk Driving Accident Lawyers
In both Missouri and Illinois, it is against the law for somebody to drive or be in ”actual physical control” of an automobile:
- With a BAC of at least .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 a bit in terms of penalties:
Missouri
- First offense: Up to 6 months in jail, fines not exceeding $1,000, a license revocation of 30 days and potentially having an ignition-blocking breathalyzer placed on your vehicle.
- Second offense: Up to 1 year in jail, fine not exceeding $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 up to $10,000, a license revocation for a decade and the the ignition interlock device placed in your car for a minimum of 6 months.
Illinois
- First offense: Up to 1 year in jail, fines no greater than $2,500 and a license revocation of 1 year.
- Second offense: A range of 5 to 364 days in prison, fines not exceeding $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's a good thing that there are harsh penalties for drunk drivers, criminal penalties don't help you recover compensation for your damages. Sometimes, drunk drivers can evade a criminal conviction or plead guilty to a less serious charge. The Moberly, MO drunk driving accident lawyers of Halvorsen Klote will still be able to hold them responsible in your civil case and get you full compensation for your injuries.
The following are some helpful links and FAQs from your HK Law Drunk Driver Accident Lawyers in Moberly, MO:
- Ultimate Guide to Missouri Drunk Driving Accident Laws
- Who Is Liable in a Drunk Driving Accident?
- Can I Sue if My Loved One Was Killed by a Drunk Driver?
- Damages for Victims of Drunk Driving Accidents
- Can I Sue if I Was Hit by a Drunk Driver?
- What Do I Do if I'm Injured by a Drunk Driver?
Who is at Fault for My Injuries? | Moberly, MO Drunk Driving Accident Lawyers
While a drunk driver is demonstrably responsible for your damages pursuant to the negligence per se doctrine, there may be other parties who are responsible. Missouri and Illinois each have what are referred to dram shop laws, wherein your drunk driving accident lawyers can help you hold a restaurant, or other licensed alcohol vendor liable. Again, the laws differ between the two states:
Missouri
Following Missouri Revised Statute §537.053, your drunk driving accident lawyers must prove two things in order to secure a victory in a dram shop case:
- If the drunk driver was "visibly intoxicated," meaning they exhibited:
- Considerably uncoordinated physical behavior
- Substantial physical dysfunction
- If the restaurant or bartender or server knew or "should have known" that the patron was under the age of 21
Revised Statute §537.053 also states that a blood alcohol content of more than .08% by itself is not prima facie, or lawfully adequate to demonstrate fault. You and your drunk driving accident lawyers must show the establishment and their employees saw physical impairment, such as:
- Stumbling
- Slurring when they talk
- Tipping over their drink
- Knocking objects over
- Considerably impaired motor movements
Illinois
Illinois's Dram Shop Law is irregular in that the person who injured you did not have to be "visibly intoxicated" in order for a vendor to be at fault. 235 ILCS 5/6-21, the Illinois Liquor Control Act, permits an injured person to bring a claim against a licensed liquor vendor if:
- A vendor-patron relationship existed, meaning you can show that the bought alcohol at that specific bar.
- You can show that the alcohol sold by the vendor was a factor the drunk driver's drunkenness.
- You can demonstrate that the driver's inebriation was the proximate cause of your injuries.
Each year, the Illinois Office of Comptroller is required to set liability caps for Dram Shop claims. As of January 20, 2022 those limits are:
- $77,787.30 for each individual who suffered 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? | Moberly, MO Drunk Driving Accident Lawyers
The financial recovery you receive will be based on the significance of your injuries and the talent of your drunk driving accident lawyers. When you hire Halvorsen Klote, we'll fight to secure you the best possible compensation for:
Economic damages, for example:
- Lost wages for time you could not work as a result of your injuries
- Lost earning capacity if your injuries cause an impairment that disallows you from carrying out the tasks of your job anymore
- Medical costs, for example
- Emergency room visits
- Subsequent doctors visits
- Surgeries
- Physical therapy
- Prescriptions
- In-home medical care
- Assistive devices such as wheelchairs or required upgrades to your home
- Future estimated medical bills, such as further physical therapy or prescriptions, or replacement costs for assistive devices or joint replacements
- Transportation costs to and from medical appointments
- Property damage, for instance damage to your car
Noneconomic damages, such as:
- Pain and suffering
- Mental anguish
- Inconvenience
- Physical impairment
- Disfigurement
- Loss of capacity to enjoy life
- Loss of consortium
The Moberly, MO drunk driving accident lawyers of Halvorsen Klote have the experience, persistence, and legal skills needed to secure you the maximum compensation that you are entitled to.
Other cases we take in Moberly, MO are:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- Bike Wreck Lawyer
- What to Do After a Car Accident
- Premises Liability Attorneys
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
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Moberly, MO Drunk Driving Accident Lawyers | Halvorsen Klote
You should not have to pay because another driver made a selfish decision, and you do not have to navigate this difficult time by yourself. The Moberly, MO drunk driving accident lawyers of Halvorsen Klote are empathetic, talented, and accomplished in holding drunk drivers responsible in Moberly, MO for their irresponsible behavior. 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 Moberly, MO drunk driving accident lawyers of HK Law today at 866-382-4167 or contact us online.
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
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
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.