Drunk Driving Accident Lawyers Oakland, MO
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Drunk Driving Accident Lawyers in Oakland, MO. We all owe it to other people to obey the rules of the road and take into consideration each other's safety. When another person gets behind the wheel when they're drunk, they're making an extremely self-centered and thoughtless choice. If you or a family member was injured because of that decision, you are entitled to pursue justice through a financial recovery. Car accidents and their injuries are always unanticipated, and the financial reverberations from medical bills and lost wages are instant and severe. Halvorsen Klote's Oakland, MO drunk driving accident lawyers have dedicated their careers to giving the injured and vulnerable in Missouri and Southern Illinois the same high standard of legal representation that large insurance companies have. If you were injured because somebody made the awful decision to drink and drive, call HK Law today at 866-382-4167 or contact us online.
Drunk Driving Statistics | Oakland, MO Drunk Driving Accident Lawyers
Although drunk driving deaths have diminished 45 percent since 1982, there are still way too many people on the Oakland, MO roads who jeopardize others by drinking and driving. When they do and end up injuring you, the Oakland, MO drunk driving accident lawyers of Halvorsen Klote will stand by your side and make certain they are held accountable and you get the great compensation you need to heal.
As stated by the National Highway Traffic Safety Administration, 28 people die each day in drunk driving accidents, which amounts to one fatality every 52 minutes, and more than 10,000 people annually. 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 30 days. The yearly cost associated with drunk driving crashes in the United States is more than $44 billion.
The Missouri Traffic Safety Compendium reports that in 2021 alcohol and drug impaired driving contributed to 4,027 motor vehicle crash injuries and 287 deaths, 8 percent and 28 percent of the state's total motor vehicle wreck injuries and deaths, respectively.
The Illinois 2020 Crash Facts found that almost one-fifth of the 1,088 fatal accidents in the state could be contributed to alcohol. Of 448 deceased drivers who were tested for alcohol, 37.1 percent tested positive.
If you've been hurt because another driver drove drunk in Oakland, 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? | Oakland, MO Drunk Driving Accident Lawyers
In both Missouri and Illinois, it is unlawful for somebody to drive or be in ”actual physical control” of an automobile:
- With a blood alcohol concentration of more than .08
- While impaired by alcohol
- While under the influence of alcoholand/or illegal substances to an extent that renders the person incapable of driving safely
The two states differ somewhat in terms of consequences:
Missouri
- First offense: Up to 6 months in jail, fines up to $1,000, a license revocation of 30 days and the possibility of having an ignition-blocking breathalyzer placed on your vehicle.
- Second offense: Up to 1 year in jail, fine of up to $2,000, a license revocation of 1 year and an ignition-blocking breathalyzer 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 an ignition-blocking breathalyzer placed on your vehicle for a minimum of 6 months.
Illinois
- 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 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.
While it may be encouraging that there are stiff penalties for drunk drivers, criminal penalties don't help you collect compensation for your damages. Once in a while, drunk drivers can get out of a criminal conviction or plead guilty to a lower charge. The Oakland, MO drunk driving accident lawyers of Halvorsen Klote will still be able to hold them to blame in your civil case and get you complete compensation for your damages.
The following are some helpful links and FAQs from your HK Law Drunk Driver Accident Lawyers in Oakland, 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 Responsible for My Injuries? | Oakland, MO Drunk Driving Accident Lawyers
While a drunk driver is unmistakably at fault for your injuries pursuant to the negligence per se doctrine, there could be other people who are liable. Missouri and Illinois each have what we call dram shop laws, wherein your drunk driving accident lawyers can assist you in holding a bar, or other licensed alcohol vendor responsible. Again, the statutes are a bit different in each state:
Missouri
Under Missouri Revised Statute §537.053, your drunk driving accident lawyers must show two things in order to secure a victory in a dram shop case:
- If the patron was "visibly intoxicated," which means they exhibited:
- Extreme uncoordinated physical behavior
- Significant physical dysfunction
- If the restaurant or their employee was aware of the fact that or "should have known" that the patron was under the age of 21
Revised Statute §537.053 also states that a BAC above .08% alone is not prima facie, or legally sufficient to prove fault. You and your drunk driving accident lawyers need to demonstrate the bar or restaurant and their employees saw physical impairment, such as:
- Stumbling
- Slurring when they talk
- Spilling their drink
- Knocking objects over
- Significantly 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" for a bar to be at fault. 235 ILCS 5/6-21, the Illinois Liquor Control Act, allows an injured person to file a claim against a licensed liquor vendor if:
- A vendor-patron relationship was established, meaning you can prove that the vendor sold the drunk driver alcohol.
- You can show that the alcohol sold by the bar was a factor the drunk driver's intoxication.
- You can demonstrate that the driver's intoxication was the proximate cause of your damages.
Each year, the Illinois Office of Comptroller must to set liability caps for Dram Shop cases. As of January 20, 2022 those limits are:
- $77,787.30 for each person 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? | Oakland, MO Drunk Driving Accident Lawyers
The recovery you collect 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 deliver you maximum compensation for:
Economic damages, such as:
- Lost wages for time you could not work as a result of your injuries
- Lost earning potential if your injuries cause a disability that doesn't allow you to perform the tasks of your job anymore
- Medical bills, such as
- Emergency room bills
- Subsequent doctors visits
- Surgeries
- Physical therapy
- Medication
- In-home medical care
- Assistive devices such as crutches 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 to and from 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 Oakland, MO drunk driving accident lawyers of Halvorsen Klote have the experience, perseverance, and legal talent needed to secure you the full compensation that you are entitled to.
Other cases we take in Oakland, 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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Oakland, MO Drunk Driving Accident Lawyers | Halvorsen Klote
You should not have to pay because somebody else made an irresponsible decision, and you do not have to go through this painful process alone. The Oakland, MO drunk driving accident lawyers of Halvorsen Klote are compassionate, skilled, and experienced in holding drunk drivers liable in Oakland, MO for their careless behavior. We keep you informed throughout the duration of your case, and give you every piece of information you require to make the best decision for you and your family. Call the Oakland, 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.