Alcohol-related car crashes are not accidents. Victims of drunk drivers who were killed or injured by drunk drivers are entitled to compensation. And drunk driving accidents are always preventable. At blood alcohol concentrations (BAC) as low as .02%, there is a decline in visual functions (i.e. rapid tracking) and a decline in the ability to perform two tasks at the same time (i.e. divided attention). As concentration levels move from 0.5 to 0.8, there are significant reductions in coordination, visual tracking, concentration, estimating speeds, and impaired perception. While people may not be aware of these specifics, the general effect of alcohol on drivers is widely known. Unfortunately, studies demonstrate that drinking and driving continues to be a leading cause of auto accidents.
- National Statistics on Drunk Driving: In 2011, 226 children were killed in drunk driving crashes. Every day in the United States, 28 people die as a result of drunk driving. On average, one out of three people will be involved in a drunk driving crash during their lifetime. In 2012, 10,322 people died in driving crashes – one over 51 minutes. Every 90 seconds, a person is injured in a drunk driving crash.
- Missouri Statistics on Drunk Driving: In 2012 in Missouri, 280 people were killed from drunk driving crashes, which represents 34% of all traffic deaths in the state. In the same year, there were 3,268 alcohol-related crash injuries and there were 5,256 alcohol-related crashes. In 2012, in Missouri, there were 9,870 DUI arrests.
- Kansas Statistics on Drunk Driving: In 2012 in Kansas, 98 people were killed from drunk driving crashes, which represents 24% of all traffic deaths in the state. In the same year, there were 1,622 alcohol-related crash injuries and there were 2,603 alcohol-related crashes.
Drunk Driver Accident Settlments
In some alcohol-related accidents, the intoxicated driver isn't the only one at fault. Missouri's Dram Shop Law, RSMo. §537.053 reads: “The sale of alcoholic beverage may be the proximate cause of personal injuries or death.” The sale of the alcohol must be by the drink and by a restaurant and/or bar or similar business and the law only extends to bars or restaurants that serve alcohol by the drink. Social hosts or stores that sell packaged liquor are excluded. The law was created to reduce alcohol-related traffic accidents by making the businesses who over serve intoxicated patrons accountable. There are a couple of ways a bar and/or restaurant can be held responsible for the injury or death of a person in a drunk driving accident in Missouri: (1) the seller served alcohol to a person under the age of twenty-one who later caused an accident and injured their self or someone else, or (2) the seller knowingly served liquor to a “visibly intoxicated person” who then caused an accident and injured someone else. Proving the bar's and/or restaurant's liability in these cases can be difficult, however, because the legal standard to be met is that the seller/server knowingly served alcoholic beverages to a “visibly intoxicated person.” Accordingly, a proper investigation should be conducted as soon as possible, and critical information should be gathered before the evidence is lost and while witnesses can still be located.
At Bautista LeRoy LLC, we know how a drunk driving accident can affect you, your family, and your loved ones. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at 479-208-6614 or contact us online.
Summary
Studies showed that driving under the influence continues to be the leading cause of auto accidents. This 0.02% level of blood alcohol concentration may cause:
- Declining of visual functions
- Divided attention loss
- Reduced coordination
- Impaired perception
In some alcohol-related accidents, the drunk driver is not the only one at fault. Missouri adheres to the Dram Shop Law, which requires a high legal standard to prove that the server of a bar, restaurant, or other commercial entity “knowingly” served alcohol to minors or a visibly intoxicated patron. This challenged the victims to conduct a proper investigation as soon as possible to gather evidence and locate witnesses before critical information is lost
With the help of Bautista LeRoy LLC, victims can file a claim for the damages they sustained. The firm is dedicated to representing victims of these “preventable” accidents. Offering victims financial support by advancing case costs and operating on a contingency fee basis. The firm also provides expertise in catastrophic injury law and free consultations for victims.
Do you have some legal needs? Just contact us on our website or call 479-208-6614 to discuss your case.
What kind of compensation can I actually get after a drunk driving accident?
Victims of a drunk-driving accident may experience life-changing results, whether they obtain physical injuries, emotional or mental trauma, or worse, death. Because of this, victims may not just recover from property damages, but also from:
- Medical Expenses
- Lost Earning Capacity
- Pain and Suffering
- Emotional Distress
This law ensures that victims aren't the ones paying for someone else's negligence.
Can I sue the bar or restaurant that served the driver?
Yes. Under Missouri's Dram Shop Law, licensed establishments like bars or restaurants can be held accountable if they serve alcohol to minors or a visibly intoxicated person. They can also be held accountable if that individual causes an accident.
How much does it cost to hire a lawyer for my case?
Bautista LeRoy LLC operates on a contingency fee basis, offering victims no upfront fees. Our legal team advance all litigation costs. If we don't win your case, you don't owe us a dime for those expenses. You only pay a legal fee if we successfully recover a settlement or verdict for you.
Why should I hire an attorney if the driver was already arrested?
The police and the criminal courts focus on punishing the driver with jail time or fines. That doesn't pay your hospital bills. A civil personal injury claim is the only way for you to recover the financial resources you need to heal. We focus on the "civil" side of justice while the state handles the "criminal" side.
How "drunk" does a driver have to be for me to have a claim?
Even a tiny amount of alcohol impacts a driver's ability to function. At a Blood Alcohol Concentration (BAC) as low as .02%, a person's visual tracking and multitasking abilities already start to drop. You don't have to wait for a specific breathalyzer number to seek help. If their impairment caused your injury, you have a case.
