Drunk Driving Accidents in Missouri: Can You Sue?
Drunk Driving Accidents in Missouri: Can You Sue? If you have been injured by a selfish and inconsiderate drunk driver, you have a right to seek a financial recovery. Call Halvorsen Klote immediately at 877-51-HKLAW or contact us online for a free case review. You need a drunk driving attorney on your side right away, someone who has experience aggressively fighting for you and your family’s future.
More than 10,000 people are killed in drunk driving accidents each year in the United States. Drunk driving is the No. 1 cause of death on our roadways. Every two minutes someone is injured in a drunk driving crash and every 51 minutes someone is killed. But, unfortunately, drivers still make the asinine decision of getting behind the wheel while drunk. Halvorsen Klote is here to make them pay for that decision. Call us now at 877-51-HKLAW or contact us online.
What Do I Do After a Drunk Driving Accident? | Halvorsen Klote in St. Louis, MO
Time is of the essence when you are hit by a drunk driver. The most important evidence that needs to be taken from the scene of the accident is proof that the other driver was intoxicated. To prove this, it is crucial to call the police immediately and have them come to the scene. The police will attempt to perform a Standardized Field Sobriety Test and a breathalyzer on the driver. Both tests will be recorded in an official report.
Gathering supporting evidence is essential to the HK Law drunk driving lawyer team in order to create a thorough case, including:
- Collecting contact and insurance information from the drunk driver.
- Taking pictures of the scene of the accident, including any damages and injuries.
- Interviewing witnesses who have an unbiased, third party opinion on what happened and who caused the accident.
- Detailing injuries and damages to emergency technicians, so that you can receive treatment and so that an official medical report can be documented and filed.
The police will collect the majority of these examples of evidence, but don’t rely on them to do it. Plus, there’s really no such thing as too much evidence.
How Can I Sue a Drunk Driver? | Halvorsen Klote in St. Louis, MO
Call Halvorsen Klote today at 877-51-HKLAW or contact us online. Our knowledgeable, savvy and devoted drunk driving lawyer can provide a free discussion regarding your case, offering a step-by-step analysis. 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 Laws | Halvorsen Klote in St. Louis, MO
In certain cases, as a drunk driving accident victim in Missouri or Illinois, you may have a case against the party that provided the alcohol to the drunk driver via the state's dram shop laws. The drunk driving attorneys at Halvorsen Klote have years of experience with dram shop laws in both Missouri and Illinois.
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 in Drunk Driving Accidents
Negligence per se refers to a principle that can be applied in certain personal injury cases. Filing a claim of negligence per se means holding the negligent party legally responsible by default because they have broken a law. In drunk driving injury cases, the driver broke the law by getting behind the wheel and operating a vehicle while under the influence of alcohol. In addition of filing a regular personal injury suit against the driver, our St. Louis drunk driving accident attorneys will make them pay for breaking the law and knowingly jeopardizing your safety. In the negligence per se suit, your lawyer must only prove that the driver broke the law and that you were injured.
Drunk Driving Accidents in Missouri: Can You Sue? | Halvorsen Klote in St. Louis, MO
If you or a loved one sustained injuries caused by a drunk driver, you are entitled to sue the driver and pursue compensation for measurable, economic damages like medical treatment, out-of-pocket expenses, replacement services and lost income, as well as non-economic damages — emotional distress, physical pain and other damages. An experienced and skilled drunk driving attorney at Halvorsen Klote can help you determine your options.
Damages for Victims of Drunk Driving Accidents
I Got Hit By a Drunk Driver. What Am I Entitled To?