Effective Kansas City Drunk Driving Injury Attorneys
Legal help for victims of drunk driving accidents and their loved ones
Even with all the publicity and education about drunk driving, too many drivers still drink and get behind the wheel. The sad reality is many drunk driving accidents in Missouri and Kansas cause the death of a mother, father, son, daughter, or sibling. Drunk driving accidents rarely cause fender-benders. Instead, impaired drivers often lose control of their vehicle, which means they are likely to strike your car head-on, broadside, or in the rear – and at high speeds.
At Kansas City Accident Injury Attorneys, our trial lawyers have been fighting for accident victims for decades. We work with the police and the prosecutors in drunk driving cases because a criminal DUI case is often tried first. We file wrongful death cases when a loved one dies. We demand payment for all the injuries state law permits, including punitive damages, when accident victims suffer brain injuries, spinal cord damage, fractures, or other serious harm. In one case, we obtained a $3,000,000 settlement from two separate insurance coverages on behalf of a woman who suffered a traumatic brain injury and other severe injuries due to a drunk driver.
How dangerous are drunk driving accidents?
According to Responsibility.org, Missouri 2018 drunk driving statistics included:
- 240 deaths, out of 10,511 nationally
- 4% of the driving fatalities involved teenagers
- 6% of the fatalities involved drivers with blood alcohol content (BAC) between .08 and .14%
- 6% of the deaths involved drivers with a BAC of .15 or higher
According to Responsibility.org, the 2018 data for Kansas was as follows:
- 88 fatalities were due to drunk driving
- 10% of the fatalities involved teenagers
- 4% of the deaths involved drivers with a BAC of .15 or higher
What constitutes driver intoxication or impairment?
In both Missouri and Kansas, drivers can be charged with driving under the influence of alcohol if their BAC is .08 percent or more. Commercial drivers can be charged with a DUI if they have a BAC of .04 percent or more. The limit for anyone under 21 in either state is .02 percent. Drivers can be charged with more serious DUIs if their BAC is .15 percent or more.
Drivers may also be found liable for a DUI or similar charges if their driving was impaired due to alcohol or drug consumption. For example, a driver may be found guilty of driving while impaired if they:
- Failed any field sobriety tests
- Refused to submit to a breath test
- There was evidence of drugs in their blood, even if the drugs were approved prescription drugs
Generally, there is no requirement that an at-fault driver be convicted of a criminal DUI in order for you to be successful in your civil case. That’s because the standard of proof in a criminal case is harder to prove than in a civil case. The lawyers here at Kansas City Accident Injury Attorneys can explain these details in your consultation.
Who is liable for my injuries after a drunk driving accident?
In all personal injury cases, there are several parts to every case. The first part is proving fault. The second part is obtaining a damage award. Another part that we review with our clients is what insurance carriers and coverages are available to pay your claim. Some negligent drivers may have a lot of insurance, while many drivers may just have the minimum or no insurance at all.
At Kansas City Accident Injury Attorneys, we seek every avenue possible to help you obtain the insurance benefits you need:
- We file claims against the owners of the vehicle involved in the crash. For example, if a teenager caused a drunk driving accident, their parents may be liable because they let the teen use their car.
- In Missouri, a tavern may be liable if they served someone who was visibly intoxicated and that person caused your crash. Kansas does not have such dram shop laws.
- Your own uninsured/underinsured policy (UM/UIM) may pay your damages if the drunk driver didn’t have insurance or didn’t have enough insurance to pay your claim. Determination of the amount of UM/UIM insurance coverage available can depend upon state law, substantially different in Missouri and Kansas, insurance policy language and case law.
- In Missouri, you might have other first party insurance such as Medical Payments Coverage available as part of your claim. In Kansas, such first party insurance is called Personal Injury Protection (PIP) coverage, which is available to pay medical expenses and wage loss benefits. MPC is not subrogable whereas PIP benefits are depending on the facts and circumstances of your claim.
- Insurance coverage as applied to the particular facts and circumstances of your claim can be complicated, and the lawyers here at Kansas City Accident Injury Attorneys can explain these details in your consultation.
Whatever the situation, we work to ensure you secure the full compensation to which you’re entitled.
What’s the value of my Kansas City drunk driving accident case?
In wrongful death cases, we file claims on behalf of the family members. Missouri and Kansas each permit wrongful death claims, although each state handles them differently. We’ll explain which relatives are entitled to benefits, such as funeral bills, lost income, and the value of the guidance, love, and support your loved one would have provided.
If you suffered any type of injury including but not limited to brain injury, spinal cord damage, amputation, burn injuries, or broken bones, we demand the following damages:
- Payment of hospital, surgery, doctor, and therapy bills – past and future
- Payment of all your medications and any assistive medical devices
- Compensation for lost income and lost earning potential
- Ongoing physical pain and emotional suffering
- Scarring or disfigurement
- Loss of consortium (in Missouri, the spouse of the injury victim files the claim, while in Kansas the injury victim files this claim)
- Compensation for property damage
We also demand punitive damages as allowed, because there is no excuse for extreme reckless behavior like drinking and driving causing severe injury and death.
Speak with our dedicated drunk driving accident lawyers today
Kansas City Accident Injury Attorneys are skilled trial lawyers. We work aggressively to prove a drunk driver caused the death of a beloved relative or your own injuries. We work with your doctors and expert witnesses to show how the accident caused your injuries, prove liability on the part of the impaired driver, and show what type of medical care you will need for the rest of your life through a variety of liability experts, medical experts, lifecare planners, economic damages experts, and whoever else is required so that you receive full compensation for your injuries to every extent possible.
To assert your right to a claim, we encourage you to contact us today for a free, no-obligation consultation or use our contact form. From our headquarters in Kansas City, we proudly represent injured victims throughout both Missouri and Kansas. Our firm also has offices in Overland Park, KS, Lee’s Summit, MO, St. Joseph, Olathe, and Parkville, MO by appointment-only.
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