If the negligence of a drunk driver caused serious injury to you or wrongful death of a loved one, you may be able to pursue civil legal action. To prove liability, you’ll have to present evidence of the defendant’s level of intoxication at the time of the accident and that intoxication caused the driver to act negligently or recklessly. Relevant police reports, witness accounts, and expert witness accounts are commonly used to help prove liability in these cases.

In some cases, the injured party may be able to file a suit against a bartender or restaurant owner. If the drunk driver was already visibly drunk when leaving the restaurant’s premises, the owner or bartender may have reasonably been expected to prevent him or her from driving. In Missouri, any establishment that sells alcohol to patrons for consumption on the premises may be liable for a drunk driving accident. To win such a case, known as a dram shop case, the plaintiff must prove that the establishment continued to serve alcohol to the driver even after he or she became noticeably intoxicated.

Missouri does not provide for the prosecution of social hosts who serve alcohol at a party, unless alcohol was served to a minor. To seek damages in drunk driving lawsuits, a person must file the suit within 5 years from the time of the injury. A plaintiff may receive compensation for medical expenses, the inability to perform daily household duties, replacing damaged property, financial loss, and pain and suffering. There is no cap in Missouri for the damages that can be awarded in these cases.

Gathering evidence as soon as possible is an important step in filing a civil action against a drunk driver. Retain the services of a qualified Kansas City drunk driving victim lawyer who can help guide you through the complicated laws surrounding drunk driving cases. You are entitled to have your rights protected and eligible to receive damages for any serious injury or wrongful death that results from a drunk driver.

Have You or a Loved One Been Injured in a Kansas City, Missouri Car Accident?

If you've been hurt in a Kansas City area car accident you should speak with an experienced car accident lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri, and the surrounding area and look forward to speaking with you.

Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.