Drunk Driving Accident Victim Attorney, Kansas City
Drunk Driving Victim Accident Lawyers Representing Kansas City
Drunk driving has plagued the roadways of Missouri, and Kansas City, for decades. While the number of car accidents caused by drunk driving has steadily been decreasing over the decade, 2017 saw an increase in the number of accidents, unfortunately leading to more serious injuries and fatalities. After a drunk driving accident, it is important to consult with a Kansas City Drunk Driving Accident Attorney to discuss your options to recover damages for your injuries.
Criminal vs. Civil Drunk Driving
A drunk driver will often be tested at the scene of the accident for intoxication by a police officer. A driver may receive a misdemeanor or even a felony charge, depending on the facts of the accident. However, this differs from the liability that a drunk driver faces in civil court. A criminal prosecutor will face the drunk driver in criminal court, and your claim will not be part of that proceeding.
In order to receive compensation for your injuries, you will have to bring an action in civil court apart from the criminal proceedings. While you may want to see the driver punished under the law in criminal proceedings, you will not receive compensation unless you bring an action in civil court. In certain cases, you may be able to look to the establishment that over-served the drunk driver. In Missouri, a bar or restaurant that sells alcohol to patrons and over-serves, could be held responsible for causing a drunk driving accident. However, you must be able to provide that the restaurant or bar continue to serve the driver beyond intoxication.
Personal Injury Claims
After an accident caused by drunk driving, a victim is eligible to file a claim for damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages
Missouri is a comparative negligence state, and it is therefore important to speak to an attorney shortly after an accident. Comparative negligence means that if you are determined to be 20 percent at fault for the accident, you will only be entitled to collect 80 percent of total damages. It is therefore important to carefully analyze all facts affecting the accident to determine the best approach to your claim.
The amount of your claim will largely depend on the extent of your injuries and the severity of the accident. Unfortunately, the driver is not automatically liable, and you will need to be able to overcome the burden of proof in a civil action, specifically that the driver’s actions (intoxication) led to your injuries and damages.
Getting Results From A Kansas City Drunk Driving Accident Attorney
The attorneys of Smith Mohlman Injury Law, LLC have years of experience in handling personal injury claims, and understand the sheer destruction that can occur after a drunk driver gets behind the wheel. The repercussions after a drunk driving accident can be severe and cause ongoing medical care to victims, and supportive care to their families. These are ongoing expenses that should not be borne by the family alone. Contact our office today for your initial free consultation.