A car accident is a terrifying experience. When you realize the other driver was intoxicated, newfound feelings of anger, injustice, and confusion can be overwhelming. As a victim, you are left with serious questions: who is responsible for the crash, and how will you pay for your medical bills, lost wages, and pain and suffering?
While the drunk driver is the most obvious party at fault, Missouri law allows for other parties to be held legally responsible in certain situations. Understanding these different layers of liability is crucial for seeking the full compensation you deserve.
1. The Drunk Driver: The Primary Liable Party
In most cases, the drunk driver is the primary person or entity you will seek compensation from. Driving while intoxicated is a clear act of negligence, and Missouri law recognizes that the irresponsible behavior is the direct cause of your injuries and damages.
It’s important to understand the difference between criminal and civil liability. The state of Missouri may prosecute the drunk driver for a criminal offense, which can lead to fines, jail time, or a license suspension. However, this criminal case is separate from your personal injury claim. Your civil case seeks to recover compensation for your losses, which may include:
Medical Expenses: Past, present, and future bills for hospital stays, doctor visits, physical therapy, and medication.
Lost Wages: Income you lost from being unable to work.
Pain and Suffering: Compensation for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
Punitive Damages: In drunk driving cases, Missouri courts may award punitive damages. These are not meant to compensate you for a loss but to punish the reckless behavior of the at-fault driver and deter others from similar conduct.
2. Commercial Establishments: Missouri's Dram Shop Law
While the drunk driver's insurance may not be enough to cover all your damages, Missouri's "dram shop" law (RSMo 537.053) provides a way to hold commercial establishments liable under specific circumstances.
In Missouri, a licensed establishment that sells alcohol "by the drink" for consumption on its premises (like a bar, restaurant, or nightclub) can be held liable if they:
Knowingly Served a Visibly Intoxicated Person: The law defines "visibly intoxicated" as someone "inebriated to such an extent that the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction." This requires clear and convincing evidence, such as witness testimony or video footage showing the person stumbling, slurring their words, or having trouble standing. A high blood alcohol content (BAC) alone is not enough to prove visible intoxication.
Knowingly Served a Minor: If the establishment served alcohol to someone under the age of 21, and that person later caused an accident due to their intoxication, the establishment can be held liable.
Proving a dram shop claim can be complex. It requires a thorough investigation to gather evidence, locate witnesses, and build a strong case against the establishment.
3. Other Potential Parties
In some rare instances, other parties could share responsibility for the accident:
The Vehicle Owner: If the drunk driver was operating a vehicle owned by someone else, that owner could be held liable if they knew the driver was intoxicated and still allowed them to drive the vehicle.
The Drunk Driver's Employer: If the accident occurred while the driver was on the clock and their intoxication was a result of a work-related function, the employer might be found liable.
Don't Face This Alone
Dealing with the aftermath of a drunk driving accident is a heavy burden, and the legal process can be confusing and intimidating. You deserve a legal team that understands the complexities of Missouri's liability laws and is dedicated to fighting for the justice you deserve.
If you or a loved one has been injured in a drunk driving accident, don't wait. The clock starts ticking on your claim the moment the crash occurs. Contact the compassionate and experienced attorneys atHenry, Williams & Kinder, P.C. today for a free consultation. We will listen to your story, evaluate your case, and help you understand your legal options. Let us handle the legal battle so you can focus on your recovery.
Contact us at (800) 526-1949 now.
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