Around one-third of the 40,000 traffic fatalities per year in the United States involve drunk driving. Many more cases cause DWI (Driving While Intoxicated) accident injuries to drivers, passengers, and pedestrians.
In Missouri, despite steps to clamp down on drunk driving, people are injured every day in accidents involving drunk drivers. But what are your legal rights if this happens to you? Can you sue if you were hurt by a drunk driver?
The good news is that yes, you can sue a drunk driver in a personal injury lawsuit if you are injured because of a drunk driver’s actions. Missouri is an “at fault” state where a driver proven to be negligent or reckless can be held liable for damages caused by an auto accident.
Criminal and civil consequences after a DUI accident in Missouri
There are potentially both criminal and civil consequences after a drunk-driving accident in Missouri.
- Under Missouri’s criminal law, drunk driving is illegal and punishable by probation or jail time. State prosecutors can bring criminal charges against a defendant and a judge or jury will decide if the defendant is guilty and the sentence if convicted.
- Under civil “tort” law, someone who commits an act of recklessness or negligence (or fails to take necessary and reasonable action) that subsequently leads to injuries to another person is liable to pay damages to that person because of a failure to exercise their duty of care.
The criminal and civil processes are treated separately, and action taken in one does not preclude the possibility of taking action in the other.
Drunk driver liability after a DWI accident injury in Missouri
A drunk driver who causes an accident injury but who is not prosecuted under Missouri’s DWI laws can still be held liable for damages in a civil lawsuit. Elements of the case may, however, be more complex if no criminal action has been taken.
For a successful personal injury claim against the intoxicated driver, you or your legal team will need to prove the following elements:
- The drunk driver owed you a duty of care (for road users, this is usually by following the rules to observe the safety of others).
- The drunk driver breached that duty (it is usually enough to show that the driver operated a vehicle in an intoxicated state but without criminal proceedings, this may be more challenging).
- The drunk driver caused your injuries.
- You suffered losses from these injuries.
Fault and comparative negligence in Missouri
State laws vary on how you calculate damages based on fault. Missouri follows a system known as “pure comparative negligence.” This means that the plaintiff’s compensation award will be reduced in direct proportion to their percentage of the fault that caused the accident—regardless of what that percentage is.
What compensation can be recovered for DWI accident injuries in Missouri?
Who was at fault for the accident and the extent of the injuries caused by the accident will determine the amount of damages you can claim for a DUI accident in Missouri. Settlement amounts vary accordingly and are assessed on a case-by-case basis.
Generally, DWI accident victims can claim the following types of compensation:
Economic damages
Economic damages include compensation for medical bills, lost wages, and damaged property—losses that are relatively easy to put a dollar figure on.
By presenting hospital bills, doctor’s reports, employer statements, repair bills, witness statements, and so on, it may seem quite straightforward to show these types of losses after the accident. However, if you are recovering from injuries, legal assistance may be required to communicate with the insurance company. Other complications, such as being self-employed, can also require a seasoned personal injury lawyer to optimize the claim.
Non-economic damages
Non-economic damages after a DWI accident in Missouri are designed to compensate victims for the pain and suffering that they have experienced as a result of their injuries.
For serious injuries, the non-economic damages are often even more significant than the economic damages, especially if the plaintiff’s quality of life has been badly impacted (for instance, incapacitation or partially paralysis).
Punitive damages
Punitive damages or “exemplary” damages are occasionally awarded by Missouri judges to discourage certain types of egregious behavior. Most types of personal injury claims rarely see punitive damages awarded but drunk driving cases can be the exception.
These awards can be significant. Check with your personal injury lawyer whether you may be entitled to seek such damages.
How long do I have to sue after a DWI accident injury in Missouri?
A statute of limitation applies to lawsuits against DWI drivers and other personal injury lawsuits in Missouri. This is a deadline by which a plaintiff must file a lawsuit against the at-fault party before losing the right to take such legal action.
The deadline is generally five years from the date of injury in Missouri, which usually provides plenty of time to file a claim.
For wrongful death claims in Missouri, where the family of the victim files the claim, the statute of limitations is three years rather than five years.
Why hire a lawyer for your case against a drunk driver?
Even seemingly “open and shut” cases often become more complex when insurance companies are involved. No loss adjuster makes it easy for accident victims to receive the compensation they deserve and often tries to shift a portion of the fault onto other parties.
You may receive a lowball offer or no offer at all. During this difficult time, it can help to be able to rely on the support and guidance of an experienced personal injury lawyer. Not only can your lawyer communicate with the insurance company while you recover from your injuries, but a lawsuit can be filed to “force the issue.” Your lawyer will also investigate the incident and gather corroborating evidence to support your claim.
If you require legal assistance with a personal injury claim against a drunk driver in the Liberty area of Missouri, please contact the seasoned personal injury lawyers at Noland Law Firm, LLC for a free case evaluation. Call us at (816) 781-5055 or contact us directly online.
