Kansas City Accident Injury Attorneys Settles Tragic Wrongful Death Case for $7 Million

An impaired driver struck and killed a cyclist heading to work, leaving a family devastated. The fatal crash never should have happened, but poor judgment and negligence ended a life in an instant, leaving the victim’s loved ones searching for accountability and answers. Our firm recently reached a settlement on behalf of that family. We were able to negotiate a $7 million settlement by relying on Missouri law, including its narrow dram shop liability act. Dram shop laws serve an important purpose – they can force bars and other alcohol-serving establishments to share responsibility when they continue serving someone who they know is underage or who is clearly intoxicated.

A tragic and unnecessary loss of life

The incident started when a patron ordered alcoholic beverages and continued to consume alcohol from around 10:30 pm through 2:30 am. After staying on the premises into the early morning, the patron exited the establishment and got into their car. About five minutes after leaving, the driver struck a cyclist on the shoulder of the road. The cyclist, who was heading to work at the time, lost his life as a result of the impaired driver.

While this is a drunk driving wrongful death case, in this situation, it’s also a dram shop liability claim, as the family had the opportunity to hold the establishment that provided the alcohol accountable for their role in this tragic series of events.

Wrongful death cases after fatal bicycle crashes

A wrongful death claim may arise when someone’s negligence causes a fatal injury to another person. Unlike personal injury claims, which may provide compensation to the victim for their medical bills and pain and suffering, a wrongful death lawsuit seeks to compensate the family. Compensation may include:

• Funeral and burial costs
• Lost income and financial support
• Loss of companionship, guidance, and care
• Emotional and long-term harm to surviving family members

In the case of cyclists being killed by drivers, liability often falls on the driver alone. However, in specific circumstances, other parties might be liable, such as a bar, restaurant, or other establishment that serves alcohol.

What is a dram shop case?

Many businesses profit from alcohol sales. In most cases, they are not responsible for a patron’s actions, but there are narrow exceptions in which they may face liability. At their core, dram shop claims are about public safety as they seek to discourage dangerous overservice of alcohol. Under Missouri law, furnishing alcohol is not typically considered the proximate cause of harm, but a licensed alcohol seller only may face liability if there is clear and convincing evidence that the seller either:

• Served alcohol to someone they knew or should have known was under 21, OR
• Knowingly served alcohol to a visibly intoxicated person.

Defining “visibly intoxicated” under Missouri law

Missouri defines “visibly intoxicated” in specific terms – impairment shown by significantly uncoordinated physical action or significant physical dysfunction. A person having a high BAC alone won’t serve as proof of visible intoxication, although it may still be admissible as supporting evidence. Dram shop cases often require careful investigations into what staff observed at the time. Some factors that might help prove liability include:

• The length of time the establishment served the person
• Existence of continued service late into the night
• Observable impairment signs, as reported by witnesses or staff
• Bar receipts and surveillance footage

Additionally, if only a short time elapsed between the person leaving the bar and causing a collision, that may serve as supportive evidence of the person being visibly intoxicated when served and that the statutory requirements for dram shop liability are met.

These cases are challenging, and families need strong legal representation

In Missouri, the burden of proof for dram shop cases is higher than in a standard negligence case – it’s clear and convincing evidence as compared to a preponderance of the evidence. Preponderance of evidence essentially means more likely than not, while clear and convincing means highly probable (the criminal standard – beyond a reasonable doubt – is the strictest).

Naturally, alcohol-serving establishments and insurers often deny responsibility. Their arguments may include placing blame entirely on the driver, arguing there was no visible sign of intoxication, or pointing out that a high BAC isn’t proof enough to hold them liable. It’s critical to have experienced counsel combat these defenses.

Recovering a $7 million settlement is critical for the family

By securing a $7 million settlement in this wrongful death dram shop case, Kansas City Accident Injury Attorneys are proud to have helped a family in their search for accountability. No settlement can undo loss or replace a life. What they can provide is some long-term financial stability, accountability, and a measure of justice.

These claims also serve a wider purpose because overservice doesn’t just endanger the patron – it endangers everyone. Cyclists, pedestrians, and families on the road deserve protection from dangerous drunk drivers, and holding alcohol sellers accountable can help. Encouraging establishments to train their staff and to cut off patrons promotes safety for everyone in the community.

Kansas City Accident Injury Attorneys offers compassionate representation and trial-ready advocacy for every case we take on. If your family is facing a personal injury or wrongful death case, you need to seek legal help early. You don’t have to face this alone. Call us or fill out our contact form for a free consultation with one of our Missouri personal injury lawyers.