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 833-381-6589 or contact us online.
Summary
Drunk driving accidents could be prevented, but because of one reckless decision, the lives of other people could change forever. Taking a large amount of alcohol, knowing that you still have to drive after, is considered negligence. In Missouri, the drunk driver might face heavy legal consequences. Victims could suffer from life-altering injuries or worse, even death.
The incident might not only affect the injured victim, but it can also impact their family. They might face medical bills that may pile up over time, lost income and emotional trauma. Bautista LeRoy LLC offers assistance to pursue a lawsuit or a claim to recover these damages.
There are a few points that this article has discussed about DUI, including:
- Alcohol weakens vision and reflexes
- It causes severe injuries or death
- Victims may recover financial losses
- Liability can include bars and restaurants
In Missouri, the establishment that served too much alcohol to the at-fault driver can also be held liable under the Dram Shop Law. This is one of the reasons why legal support is important. The personal injury attorneys at Bautista LeRoy LLC have been representing victims of DUI and have achieved favorable results for them. Our focus is to pursue maximum claims for our clients to recover and seek accountability. Contact us through www.bautistaleroystl.com or 833-381-6589.
Who else could be possibly liable for a drunk driving accident aside from the at-fault driver?
Under the Dram Shop Law, a business establishment, such as a bar or a restaurant, can be held responsible. This is possible if they overserved a the at-fault driver with alcohol, causing a devastating accident.
Can families file a case if the victim of a drunk driving accident died?
Yes, they can file a wrongful death case to seek accountability and support for financial losses, funeral costs, emotional impact, etc.
Will I need the help of an attorney to pursue legal action?
Yes, especially if you are facing major expenses and are uncertain about your options. An attorney can explain the insurance and legal process clearly. Legal experts are also specialized in handling negotiation and litigation, if needed.
What pieces of evidence can prove the driver was drunk?
- Breathalyzer or blood tests
- Field sobriety tests
- Police observations
- Dashcams
- Surveillance footage
- Medical records
- Accident reconstruction
How much does it cost to hire an attorney specialized in drunk driving accident cases?
Many attorneys, such as the professionals from Bautsita LeRoy LLC, work on a contingency fee basis. This can help the victims pursue legal action without worrying about upfront fees. Attorneys get paid after they successfully achieve favorable outcomes.
Why choose Bautista LeRoy LLC?
Since 1990, our attorneys have assisted numerous clients with drunk driving accident cases. That is why we understand the struggles an injured victim and their families are facing, pushing us to strategically pursue proper compensation.
