St. Louis Drunk Driver Accident Lawyer
Request Free ConsultationA car accident is always a terrifying experience with distressing after-effects on physical and financial well-being. Still, when the cause of your accident is a drunk driver, it’s even more traumatic and frustrating.
We hate to think it could ever happen to us, yet every day about 32 people die in accidents caused by drunk drivers—or approximately one person every 45 minutes. Hundreds more suffer injuries. Substance abuse contributes to 10,000 crashes in Missouri every year.
If you or a loved one was injured or killed in an accident caused by a drunk driver, you deserve justice. Regardless of the results of any criminal prosecution of drunk driving against the driver who caused your accident, you can achieve another kind of justice in the civil courts and receive full financial compensation for injury-related medical bills and pain and suffering. Call the accident attorneys at Miller & Hine for a free case consultation today so we can begin working on recovering your damages.
How a St. Louis Drunk Driving Accident Lawyer Can Assist You
At Miller & Hine, our St. Louis personal injury lawyers put our clients first with diligent, personalized attention to your unique accident case. We have deep compassion for those harmed by the actions of drunk drivers who endanger innocent motorists on the road. While it may seem clear who is at fault in a drunk driving accident, many factors can contribute to surprising outcomes in a drunk driving case. Missouri’s at-fault insurance laws mean the insurance company of the person at fault in the accident may try to manipulate the fault laws to assign a victim an undue portion of the blame to minimize the amount they have to pay out. You need a seasoned attorney to aggressively defend your best interests against these all-too-common tactics.
The St. Louis attorneys at Miller & Hine will carefully review the circumstances of your accident, investigate the evidence, and craft the most compelling case for liability against the drunk driver to maximize your compensation.
Common Injuries Sustained in a Drunk Driving Accident
Missouri law enforcement considers a driver over 21 with a blood alcohol level (BAC) of .08% or higher as intoxicated. The limit is lower for commercial drivers or minors under the age of 18. Intoxicated driving commonly results in reckless speeding, drifting into other lanes, hugging the middle of the lane, running red lights, and dozing at the wheel—all of which may result in devastating car accidents. Some common injuries suffered by those in vehicles involved in accidents with drunk drivers include the following:
- Head injuries and Traumatic Brain Injuries
- Fractures
- Spinal cord damage
- Internal injuries
- Amputations
- Burns
- Disfigurement
The most catastrophic injuries caused by drunk drivers can result in fatalities—a type of wrongful death that leaves families suffering undue emotional and financial burdens.
Proving Liability in a Drunk Driving Accident
While criminal prosecutors must prove beyond a reasonable doubt that a drunk driver caused the accident, a civil case requires only a “preponderance of the evidence.” Establishing a civil case against a drunk driver requires proving liability by effectively showing how the defendant meets the legal standards for liability in the accident. This requires showing the following:
- That the defendant owed a duty of care to keep others on the roads safe by following laws and taking reasonable actions
- That the defendant breached that duty through an act of negligence, recklessness, or egregious wrongdoing
- That the breach caused the accident
- That the accident directly caused the injuries
- And that the injury victim suffered real tangible and intangible damages from the injuries.
What Should I Do If a Drunk Driver Hits Me in St. Louis?
There are specific actions you should take after any accident in order to protect your physical health and financial future. Never confront or accuse the driver, even when you strongly suspect they are impaired. Doing so could cause violence or they could leave the scene to evade arrest. Instead, take the following actions:
- If you’re seriously injured, do nothing other than wait in place for help and dial 911 if you are able
- Call 911 to report the accident, your injuries, and that you suspect the other driver is impaired
- If you’re able to move safely, use your phone or ask an uninjured person nearby to use your phone to take photos of the accident scene, involved vehicles, and the license plate of the driver’s vehicle. If there are loose or open alcohol bottles nearby or in the other driver’s car, you or the person helping you can also take photos of that evidence unless the other driver appears angry or aggressive
- Collect the contact information of any eyewitnesses
- Accept emergency transport to the hospital and have a thorough examination, telling the medical provider about all of your injuries and symptoms
- Ask for a detailed medical report
- Obtain the police report about the accident and arrest if the drunk driver was charged
- Keep all medical bills and call the St. Louis drunk driving lawyers at Miller & Hine
By keeping a cool head and taking steps to gather evidence, you can help gain full recovery of damages later.
What Types of Damages Are Included in a Drunk Driving Accident Claim?
By proving liability in a drunk driving accident, your attorney from Miller & Hine can help you recover compensation for the following damages:
- Medical expenses and future medical expenses
- Lost income
- Lost or lowered earning capacity if you’re now disabled
- Pain and suffering
- Other appropriate non-economic damages like disfigurement, emotional trauma, and loss of enjoyment of life
- Punitive damages
Missouri allows claims for punitive damages in drunk driving cases. Unlike compensatory damages, punitive damages are meant to punish the at-fault driver and help deter future wrongdoing.
Time Limit For Filing a Drunk Driving Accident Claim in Missouri
Missouri has a generous time limit for accident claims, including drunk driving accidents. Injury victims have up to five years from the date of the accident to file a claim. However, the sooner after an accident you file a claim, the fresher the evidence and eyewitness testimony will be. The ideal time to file a claim is once you have a clear indication of your costs in medical expenses and lost wages due to the injury.
Call Miller & Hine Today for Your Consultation
If you’ve been injured by a drunk driver, you deserve full compensation for the damages the accident caused. The drunk driver is at fault for the accident and their insurance policy must pay out on your damages.
Facing a complex legal issue during this vulnerable time can be daunting. You need the drunk driving accident lawyers from Miller & Hine defending your interests throughout the process, crafting a compelling case for a settlement, and litigating in court if necessary to secure your compensation. Call our St. Louis office today so we can begin strategizing on maximizing your compensation.