The victims of drunk driving deserve justice. When a drunk driver chooses to get behind the wheel of a vehicle they are betraying every member of their community. However, it is the victims of drunk drivers that often have to live with the consequences of this betrayal. Our team fights for accident victims to help them recover fair compensation when they are injured by another person’s negligence.
Reach out to our team at (816) 298-8708 for a free consultation if you were injured in a drunk driving accident. We’re proud to support our Kansas City community when tough times come.
When a driver is arrested for getting behind the wheel while intoxicated, police will typically administer a variety of field tests and may also take a blood test from the perpetrator in order to pursue criminal charges against that individual. You can also gather evidence yourself at the scene. For instance you can take notice of the demeanor of the intoxicated individual, i.e. slurred speech, imbalance etc. You may also see empty alcohol containers in their vehicle or other indicia of intoxication. All of the information you could use to support your injury claim and/or your civil lawsuit.
It will be the job of a local prosecutor to pursue the criminal charges. However, in order to obtain financial compensation the victims need to hire a civil attorney to pursue claims in the civil justice system. This is because it is the prosecutor’s job to pursue the interests of our society in punishing the drunk driver. It is not the prosecutor’s job to pursue compensation for the victims of drunk driving, although in limited circumstances nominal restitution may result from the prosecutor’s efforts to pursue justice through criminal charges. But in order to try to obtain full justice, the victims of drunk drivers need to retain an experience civil attorney to investigate and pursue their claims in the civil justice system.
For the most part, a criminal lawsuit against the driver who hit you will not impact your legal rights. The one exception here is evidence gathered by the prosecution, which may aid your claim. However, even if the at-fault party is found not guilty in criminal court, civil trials have a different (and lower) standard of truth. Do not get discouraged if criminal charges are dropped or dismissed against the drunk driver. A skilled drunk driving accident injury attorney can help you build a strong injury claim so you can pursue the compensation you deserve.
Drunk drivers are more likely to be involved in hit-and-run incidents than sober drivers, often this is because drunk drivers are scared of what might happen if they are caught so they flee the scene. This can make the victims of such accidents feel alone, as if they have nowhere to go for help. However, like driving drunk, leaving the scene of an accident is a crime. Police may be able to help you find the at-fault party, especially if you can provide information like:
Even if the drunk driver is not found, you might also be able to recover compensation through your own insurance coverage. If you find yourself in this scary position we want you to know you are not alone. Our team can help you determine what your options may be if you are the victim of such an accident.
Because most insurance has a clause denying coverage for any purposefully or intentionally harmful behavior, many people think drunk driving accidents are automatically not covered by insurance. This is not true. The other party’s insurance is responsible for your damages if their client hits you, even when the accident was caused by the driver being intoxicated.
Because you’ll be bringing a claim either to an insurance company or in civil court, a conviction does not have any direct impact on your ability to recovery full and fair compensation. However, when criminal charges against the drunk driver are successful it can improve your ability to obtain full and fair compensation for your injuries.
Under Missouri’s dram shop law, you may have the right to sue an establishment that:
However, these claims may be difficult to prove because if you were not there to see the driver’s “visible intoxication,” you might not know where to start looking for evidence. Our attorneys can help you investigate your potential claims and help you evaluate if such a claim could be pursued.
Punitive damages claims are often brought but rarely successful. However drunk or intoxicated drivers are one of the most common scenarios where punitive damages are more likely to be successful. The reasoning is that, in such a situation, the driver clearly should have known they were unable to be on the road safely and, in choosing to drive anyway, acted with gross negligence. When you share the details of your case with our attorneys, we can determine whether you may be able to receive punitive damages.
We know how difficult it can be to recover from the injuries caused by a drunk driving accident. Aside from obvious physical hardship, being injured and away from work and other normal activities takes an extensive mental toll as well. You may feel your worries are getting in the way of your recovery. If you are concerned about paying for your treatment, especially if you have been forced to take time off work for your recovery, call our team to discuss how you can file for compensation. We only get paid if we are able to obtain compensation for you.
Call our Kansas City attorneys today to get started on your case. We are available to schedule your free consultation at (816) 298-8708.
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