Can I Sue If I Was Hit By a Drunk Driver?
Can I Sue If I Was Hit By a Drunk Driver? If you or a loved one has been injured due to a drunk driver, you need to call Halvorsen Klote as soon as possible at 877-51-HKLAW or contact us for a free case review. You need a drunk driving attorney on your side immediately, someone who has experience aggressively fighting for you and your family’s future.
Drivers who make the conscious decision to get behind the wheel of a car while intoxicated are selfish, inconsiderate and reckless. Drunk drivers are also responsible for over 10,000 deaths and more than $44 billion in damages every year in the United States.
If you were hit by a drunk driver, you can absolutely file a civil case regardless of the outcome of the driver’s criminal case. The drunk driving lawyer team at Halvorsen Klote has years of experience handling these cases and has won millions of dollars for clients in St. Louis and throughout Missouri and Illinois. Call us today at 877-51-HKLAW or contact us online to start on your road to recovery.
Filing Suit Against a Drunk Driver | Halvorsen Klote in St. Louis, MO
In a civil case, you only need to show a preponderance of evidence, versus the “beyond a reasonable doubt” in a criminal case, meaning that you only have to demonstrate that the defendant was more likely than not to be drunk. Also, if the case goes to trial, only three-fourths of the jury needs to deliver a guilty verdict, versus the unanimous level in a criminal trial.
Dram shop liability laws make it possible to hold other parties liable for causing a car accident in which the driver’s intoxication played a role. Missouri’s dram shop law — Missouri Revised Statute §537.053 — states that an establishment will be liable for damages caused by an intoxicated patron if it can be proven by clear and convincing evidence that:
- The establishment sold alcohol to a patron who they knew (or should have known) was “visibly intoxicated” or under the legal drinking age.
- The patron consumed the alcohol sold by the establishment.
- The consumption of alcohol was the cause of the injury or death.
The dram shop law in Illinois is unique because it allows an establishment to be held liable regardless of whether the establishment did anything wrong, such as serving a “visibly intoxicated” person.
Negligence per se is an additional layer in a drunk driving civil case. It’s a principle in personal injury cases wherein someone is automatically liable if they break the law and cause you injuries. When the HK Law drunk driving lawyers file a claim against a drunk driver on your behalf, we file a negligence count and a separate "per se" count.
Can I Sue If I Was Hit By a Drunk Driver? | Halvorsen Klote in St. Louis, MO
If you or a loved one sustained injuries caused by a drunk driver, you are entitled to pursue compensation for measurable, economic damages like medical treatment, out-of-pocket expenses, replacement services and lost income. You’re also entitled to an amount to compensate for noneconomic damages — emotional distress, physical pain and other damages. An experienced and skilled drunk driving attorney at Halvorsen Klote can help you determine your options.
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