Drunk driving accidents remain one of the most preventable yet devastating causes of injuries and fatalities on Kansas City roads. When an impaired driver’s reckless decision results in a collision, victims face life-altering consequences through no fault of their own. If you or someone close to you has been injured in a drunk driving accident, you deserve more than sympathy—you deserve justice and full compensation for your losses.
At Hollis Law Firm, our Kansas City personal injury lawyer understands the unique challenges drunk driving accident cases present. We’re committed to holding negligent drivers accountable while fighting aggressively for the maximum compensation you deserve.
Understanding Drunk Driving Accidents
Drunk driving accidents occur when a driver operates a vehicle with a blood alcohol concentration (BAC) at or above the legal limit of 0.08% in Missouri and Kansas. However, impairment can begin at much lower levels, affecting judgment, reaction time, coordination, and decision-making ability.
These accidents often result in more severe injuries than other collisions due to the impaired driver’s inability to brake, swerve, or take evasive action. Common drunk driving accident scenarios include head-on collisions, T-bone crashes at intersections, rear-end accidents, and wrong-way driving incidents.
Your Rights After a Drunk Driving Accident
When a drunk driver causes your injuries, you have legal rights that extend beyond typical car accident cases. Kansas City law provides additional protections and potential compensation for victims of impaired driving accidents.
You have the right to pursue both compensatory and punitive damages against the drunk driver. While compensatory damages cover your actual losses like medical bills and lost wages, punitive damages serve to punish the drunk driver’s reckless behavior and deter future incidents.
Compensation Available in Drunk Driving Cases
Victims of drunk driving accidents may be entitled to recover several types of damages:
- Medical expenses (current and future)
- Lost wages and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Punitive damages
- Wrongful death damages (if applicable)
The availability of punitive damages in drunk driving cases sets them apart from other personal injury claims. These damages aren’t calculated based on your losses but rather on the drunk driver’s degree of recklessness and ability to pay.
Proving Liability in Drunk Driving Cases
While drunk driving cases may seem straightforward, proving liability and maximizing compensation requires thorough investigation and legal knowledge. Our Kansas City drunk driving accident lawyers gather comprehensive evidence, including:
- Police reports documenting DUI arrest and BAC levels
- Field sobriety test results
- Breathalyzer or blood test results
- Witness statements
- Accident reconstruction analysis
- Video evidence from traffic cameras or dashcams
- Bar or restaurant receipts (for dram shop claims)
This evidence not only establishes the drunk driver’s liability but also strengthens your claim for punitive damages by demonstrating the severity of their reckless behavior.
Dram Shop Liability in Kansas City
In some drunk driving cases, liability may extend beyond the impaired driver to the establishment that served them alcohol. Missouri’s dram shop laws allow victims to hold bars, restaurants, and other alcohol vendors responsible when they:
- Serve alcohol to a visibly intoxicated person
- Serve alcohol to minors
- Continue serving alcohol after the person shows signs of intoxication
Dram shop claims provide an additional avenue for compensation, particularly when the drunk driver lacks sufficient insurance coverage. These cases require prompt investigation to gather evidence before it disappears, such as surveillance footage and witness statements from other patrons.
Steps to Take After a Drunk Driving Accident
If you’ve been injured in a drunk driving accident, taking the right steps immediately can protect both your health and your legal rights:
Seek Immediate Medical Attention
Your health is the top priority. Even if you feel fine, some injuries may not manifest symptoms immediately. A medical evaluation creates an official record of your injuries and begins the documentation necessary for your claim.
Report the Accident to Police
Always call law enforcement after a drunk driving accident. Police will investigate the scene, document evidence of intoxication, and create an official report. If the officer suspects drunk driving, they will conduct field sobriety tests and may arrest the driver.
Document Everything
If you’re able, gather evidence at the scene including photos of vehicle damage, visible injuries, skid marks, and road conditions. Collect contact information from witnesses who can verify the drunk driver’s behavior before or after the accident.
Avoid Discussing the Accident
Don’t discuss the accident on social media or with insurance adjusters before consulting an attorney. Insurance companies may use your statements against you to minimize your claim.
Contact a Kansas City Drunk Driving Accident Lawyer
Drunk driving cases involve unique legal considerations. An experienced attorney can protect your rights, investigate all potential sources of compensation, and fight for the maximum recovery you deserve.
Wrongful Death Claims
When drunk driving accidents result in fatalities, surviving family members may pursue wrongful death claims. These claims can provide compensation for:
- Funeral and burial expenses
- Medical expenses before death
- Loss of financial support
- Loss of companionship and guidance
- Pain and suffering of surviving family members
- Punitive damages
Missouri law specifies who may file wrongful death claims and imposes strict time limits. Our compassionate Kansas City attorneys help families navigate these difficult cases while seeking accountability for preventable tragedies.
Why Choose Hollis Law Firm
At Hollis Law Firm, we bring extensive experience handling drunk driving accident cases throughout the Kansas City area. We understand the physical, emotional, and financial toll these preventable accidents take on victims and their families.
Our approach combines aggressive advocacy with compassionate support. We handle all legal aspects of your case, allowing you to focus on recovery while we fight for the compensation you deserve. Our track record includes substantial settlements and verdicts in drunk driving cases, including significant punitive damage awards.
Don’t let a drunk driver’s reckless decision destroy your financial future. Contact Hollis Law Firm today for a free consultation to discuss your drunk driving accident case and learn how we can help you pursue justice.
Frequently Asked Questions
What makes drunk driving accident cases different from other car accidents?
Drunk driving accident cases differ significantly because they may involve punitive damages designed to punish the drunk driver’s reckless behavior. Additionally, you may have claims against bars or restaurants that over-served the impaired driver under dram shop laws.
Can I still recover compensation if the drunk driver wasn’t arrested?
Yes. While a DUI arrest and conviction strengthen your case, you can still pursue compensation even without criminal charges. Your attorney can gather other evidence of impairment, such as witness statements, accident reconstruction analysis, and the driver’s behavior at the scene.
How long do I have to file a drunk driving accident claim?
In Missouri, you generally have five years from the accident date to file a personal injury lawsuit, while Kansas provides two years. However, certain circumstances may shorten these deadlines. Contact an attorney promptly to protect your rights.
What if the drunk driver doesn’t have insurance?
You may still have options through your own uninsured motorist coverage, dram shop claims against establishments that served the driver, or by pursuing the drunk driver’s personal assets. An experienced attorney can identify all potential sources of compensation.
What are the options for families if a drunk driving accident results in wrongful death?
Families may file wrongful death claims seeking compensation for funeral expenses, lost financial support, loss of companionship, and punitive damages. Missouri law specifies which family members can file these claims and imposes specific deadlines that vary based on the circumstances.
