A report published by NHTSA (National Highway Traffic Safety Administration) shows that drunk driving accidents cause the death of at least 37 people every day in the U.S. The number of people injured by the same accidents reaches nearly 800.
The result of such accidents can range from lifelong emotional trauma and PTSD to economic losses. Establishing liability for drunk drivers guarantees victims receive fair compensation for their losses. The only way to develop a strong case against the defendant is by gathering evidence, police reports, and witness reports. Knowledge of the significant factors influencing the driver’s liability behind the accident fortifies a case and enhances the likelihood of holding the liable party accountable.
What to Do After a Drunk Driving Crash?
Quick action enhances the likelihood of a winning case:
- Get immediate medical care.
- Call the police and get a report.
- Take down witness contact information.
- Take photos of injuries and damages.
- Contact licensed drunk driving accident attorneys to begin the legal process.
Primary Evidence in a Drunk Driving Case
Sufficient evidence decides the validity of a claim. Mandatory proof consists of:
- Police Reports: Officers record driver impairment, test results, and witness testimonies.
- Breathalyzer and Blood Tests: These establish blood alcohol content (BAC) levels over the legal limit.
- Field Sobriety Tests: Failed tests show intoxication at the accident scene.
- Witness Testimonies: Passengers, bystanders, or other drivers can confirm the erratic on-road driving behavior of the liable drunk driver.
- Camera Footage: Video evidence of reckless driving helps the plaintiff solidify the case.
- Medical Records: Documentation of injuries establishes how drunk driving car accidents impact the victims physically and psychologically.
- Bar or Restaurant Records: If a business overserved the driver, liability may extend to them under Missouri’s dram shop laws.
Determining Fault in a Drunk Driving Accident
Proving the defendant’s fault requires demonstrating the driver’s negligence during driving. A successful drunk driving case must establish:
- Duty of Care: Every driver must follow traffic laws and drive safely.
- Breach of Duty: Driving under the influence violates this responsibility and can lead to fatal driving mistakes.
- Causation: The impairment of the driver caused the accident.
- Damages: The crash resulted in physical or financial damages to the victim.
Missouri Drunk Driving Liability Laws
Missouri state law strictly penalizes drunk driving. The permissible BAC (blood alcohol concentration) for drivers in the U.S. is 0.08% or lower. The punishments for conviction in drunk driving cases are:
- Suspension or revocation of license
- Fines and imprisonment
- Mandatory alcohol awareness programs
- Civil liability for damages resulting from the accident
- Dram shop laws—Bars and restaurants are charged for serving intoxicated or underage customers too many drinks, which can strengthen a claim of liability.
Can You Sue a Drunk Driver for Damages?
The victim can sue the drunk driver to recover losses incurred in the accident. The victim can claim compensation for:
- Medical Bills: Emergency surgeries, physical therapy, and regular treatment costs to return to their previous lifestyle.
- Lost Wages: Loss of income due to injury.
- Property Damage: The cost of repairing or replacing a vehicle.
- Pain and Suffering: Physical and emotional pain resulting from the accident.
- Punitive Damages: Added penalties to reward reckless conduct.
The Role of Drunk Driving Accident Lawyers
Legal counsel heightens the probability of receiving the deserved compensation from the accused. Drunk driving accident lawyers guarantee a fair hearing and maximum compensation. They assist in:
- Gathering and interpreting evidence in support of the victim
- Negotiating with insurance agencies
- Preparing legal documents to showcase how the driver has deviated from the legal course of action
- Representing the victim in court
Establishing liability in a drunk driving accident case demands solid evidence, legal acumen, and familiarity with Missouri laws. Acting promptly and seeking the advice of an attorney makes claims stronger and justice more certain. If you or a family member was injured in a drunk driving crash, legal assistance is within reach. Call our attorney today to review your case and obtain rightful compensation.
