Drivers under the influence of alcohol claim the lives of more than 10,000 people per year and cause life-altering injury to many more.  While families who lose a loved one may have the right to pursue a wrongful death claim and injury victims may be able to seek compensation in a personal injury lawsuit, it is not uncommon that someone who has displayed a pattern of DUI violations will be driving on a suspended driver’s license, which means the driver will not have auto insurance.

Although sometimes a drunken driver will have assets like a home against which you may be able to enforce a personal injury or wrongful death judgment or settlement, many intoxicated drivers are “judgment proof.”  Judgment proof is a term used to refer to those who have no insurance, assets or other means from which they can satisfy a civil liability claim.

When an alcohol impaired driver lacks the ability to pay a financial recovery by a motor vehicle accident victim, other sources for satisfying the judgment must be identified.  Sometimes another driver with insurance may have played some role in causing the collision.  The municipality, county or state may share liability if the roadway was not designed in a safe manner or the public entity failed to maintain or repair hazards that it should have been aware existed and posed an unreasonable risk of harm.  A driver may even have a claim against his own insurance policy if he elected uninsured/underinsured (UM/UIM) coverage.

However, there is another responsible party that may provide a better option for recovery if the driver that caused the collision was impaired by alcohol.  The bar, restaurant or other business that sells alcoholic beverages to consumers to be consumed on the premises may be liable for a car accident involving a patron in certain situations.

Missouri Revised Statutes § 537.053.2 (the dram shop law) imposes liability on those who serve alcohol to those who the seller knew or should have known were under 21 or “visibly intoxicated.”  The statute indicates that visible intoxication refers to a person who is so intoxicated that alcohol impairment is evidenced by uncoordinated physical movement or “significant physical dysfunction.”  Unlike a DUI prosecution, a blood alcohol test that indicates that the driver is over the .08 BAC level for legal intoxication does not necessarily establish that the patron was “visibly intoxicated,” under the statute, but the effects of this level of intoxication may be offered as evidence along with other evidence.  If the patron produced a driver’s license or other valid form of official state or federal ID card, this will generally be a defense to serving an underage patron.

Dram shop claims can be hard to prove in Missouri because it can be difficult to produce enough evidence to prevail on such a claim.  The dram shop statute imposes a “clear and convincing” evidentiary standard on the issue of whether the business knew or should have known the patron was visibly intoxicated.  This is a more difficult standard to meet than the normal preponderance of the evidence standard that applies in most civil lawsuits for personal injury and wrongful death.

When someone is injured by a drunken driver, it is important to seek legal advice and representation promptly so that critical evidence to meet this high evidentiary standard can be gathered.  Some of the types of behavior that might indicate visible intoxication include:

• Loud and boisterous behavior
• Type of alcoholic beverage and number of drinks consumed
• Slurred speech
• Watery red eyes
• Lack of coordination (tripping, stumbling or falling)
• Unsteady gait

When an investigation is conducted promptly, critical evidence may be preserved, such as surveillance video, witness accounts (other patrons or employees), credit card receipts, copies of customer checks, cell phone video and more.  We may also use a toxicologist to conduct ‘back calculations” that will use a patron’s BAC level at the time of the collision to determine the BAC at the time the patron was served.  The toxicologist also can testify to how the patron’s BAC level would have impacted his demeanor, appearance and behavior.

If you or someone you love is injured or a family member dies in a Missouri drunken driving accident, we urge you to contact us if you have questions.  Our experienced Missouri DUI car accident injury attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!

Most parents who have witnessed their teenagers engage in incessant text messaging worry about their teen climbing behind the wheel and engaging in text messaging while operating a motor vehicle.  Ironically, a recent study suggests that mom and dad are far more likely to engaging in texting when stuck in traffic than their kids.  An AT&T survey revealed that while 43 percent of teens admit to text messaging and driving virtually half of all adults surveyed admitted to engaging in this unsafe driving practice.

Although it is surprising that adult drivers are more likely than teens to text and drive, it is even more disturbing that the survey results show that adults that engage in this activity know what they are doing is wrong.  The survey involved over a thousand AT&T customers, and almost all of them (98 percent) admitted that they knew text messaging behind the wheel was unsafe and wrong.

This research raises new concerns about the scope of the text messaging problem.  Traffic safety experts, regulatory agencies and state and federal lawmakers have enacted new laws and devoted more resources to discourage drivers from text messaging.  Almost all states have enacted ban on texting and driving but some of these bans only apply to novice teen drivers.  Thus, this new information about the number of adult drivers who text is important because there are only 10 million teen drivers but more than 180 million adult drivers.

This recent poll by AT&T is consistent with result in other studies suggesting that texting is a growing problem among all drivers.  The Centers for Disease Control & Prevention (CDC) found that almost a third of all drivers acknowledge that they draft, send and review text messages when operating a motor vehicle.  The Department of Transportation (DOT) reports that distracted driving now kills a third of the number of people that die in collisions involving intoxicated drivers.  While there is no tracking of accident fatalities limited expressly to texting and driving, text messaging is considered the most dangerous form of driving distraction.

There also is a growing amount of evidence that the danger of being involved in a text message driving accident is getting worse despite all of the new laws and public information campaigns aimed at limiting this activity.  In the AT&T survey, sixty percent of those who admitted to text messaging when driving indicated they did not engage in such behavior three year prior to the survey.  The number of fatal texting accidents also rose during a recent one year period by ten percent.

If you or someone you love is injured or a family member dies in a Missouri texting and driving car accident, we urge you to contact us if you have questions.  Our experienced Missouri auto accident attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!

If you are involved in a rear-end collision, a minimal amount of vehicle damage may convince you that any injuries you suffered are only minor.  Insurance companies rely on car accident victims that are hit from the rear making this assumption and delaying medical treatment and legal advice.  Because the insurance company for the negligent driver understands that a rear-ender will almost be the fault of the driver who strikes another vehicle from behind, a representative from the other driver’s insurance company might contact you to make a low-ball settlement offer.  A motorist should not settle a rear-end collision claim if the driver has even minor injuries without seeking a full diagnostic exam and legal advice.

It is important to understand that the term “low impact collision” is often a loaded phrase used by insurance adjusters attempting to minimize the values of claims.  Studies analyzing where there is no vehicle damage have found no relationship between a lack of vehicle damage and the extent of injury to vehicle occupants.  The lack of vehicle damage may be more the result of the durability of the vehicle than the lack of impact from the crash.  Bumpers on motor vehicles are designed to protect vehicles from injury, but they do little to protect vehicle occupants.

A vehicle with a chassis like a pickup truck or all-terrain vehicle may be subjected to fairly significant impact but suffer little or no damage to the vehicle.  Vehicles with a bumper to bumper chassis are especially resistant to body damage in a collision.  However, the amount of G force inflicted on vehicle occupants can still cause serious whiplash injuries.  In fact, the stiff body and chassis of the vehicle can intensify and focus the G force experienced on the vehicle occupants in a rear-end collision.  Because of this focused and intensified G force, some studies show that a vehicle occupant may suffer more serious injuries in a collision that does not cause vehicle damage than one where vehicle damage occurs.

The important point to keep in mind is that the insurance company representative for the other driver has only one goal in mind – that goal is not your best interest.  The insurance company representative is looking to reduce the value of your claim under facts that almost assure that its client will be determined to be at-fault.  If the insurance company offers to provide you with a settlement check, it will ask that you execute a general release that will bar future claims for injuries that you may not even have discovered.  The insurance company would not offer a settlement in the first place if it did not feel that the claim was worth substantially more than its offer.

Before speaking with the other driver’s insurance company following a crash that does not result in vehicle damage, you should go to the doctor and report all symptoms no matter how minor they might seem.  Whiplash type injuries may not be immediately evident so you need to obtain a diagnostic analysis before you will know the full extent of your injuries.  Rear-end accident injury victims should also seek prompt legal advice because an experienced Missouri car accident attorney can protect your interest and negotiate toward a settlement for the real value of your claim.

If you or someone you love is injured or a family member dies in a Missouri car accident, we urge you to contact us if you have questions.  Our experienced Missouri auto collision attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!

A fair number of websites exist that provide guidelines about what to do in the wake of a serious motor vehicle collision, such as a trucking accident, motorcycle collision, SUV rollover or other type of crash that causes serious injury or wrongful death.  Common suggestions include seeking medical treatment, gathering evidence and seeking legal advice.  What is not often discussed are actions that you should avoid in the wake of motor vehicle accidents to avoid damaging a potential personal injury claim.  Because our Missouri personal injury attorneys at the Hubbard and Kurtz, LLP handle many personal injury claims arising out of motor vehicle accidents, we have provided suggestions about common mistakes to avoid:

Do Not Postpone Medical Treatment

While the advice to obtain medical treatment may be standard, the timeliness of seeking medical attention can be equally important both from a clinical and legal perspective.  There are certain types of injuries that may become more serious if medical diagnosis and treatment is not prompt.  Many head injuries involve internal bleeding of the braining or bleeding into the space between the skull cavity and the brain.  The pressure created by this internal bleeding can cause permanent loss of cognitive function and even death if the pressure is not relieved rapidly.  Sometime head injury victims are completely unaware that they are seriously injured, and they are relatively unfazed until the pressure on the brain reaches a certain threshold.

From a litigation perspective, insurance companies view delays in medical treatment as an opportunity to challenge the cause and severity of a motor vehicle crash victim’s injuries. Insurance defense lawyers routinely use the discovery process to acquire information about prior accidents and injuries.  These records often will be carefully evaluated by a medical expert to look for alternative explanations for your injuries and to dispute the severity of your physical or mental incapacity.  Insurance companies have been known to claim that accidents both prior to and after the collision at issue in a lawsuit were the cause of a victim’s injuries.

Do Not Post Information on Facebook and Other Social Media Sites

A growing number of lawsuits brought by plaintiff with serious injuries are being compromised by posts on social media sites.  The best practice is not to post information or pictures while your personal injury lawsuit is pending.  Many judges will order a plaintiff in a motor vehicle accident lawsuit to provide login information even for the personal areas of the injury victim’s social media webpages.  It can be very embarrassing and damaging if you post pictures of playing tennis when you are having a good day, which the insurance company uses to claim that you are being dishonest about a debilitating back injury.

Do Not Speak to the Other Driver’s Insurance Representative

When insurance companies know you do not have legal representation, they view this as an opportunity.  The insurance company adjuster may indicate that they are trying to settle your case and ask you to sign an authorization for medical or employment records or to make a recorded statement.  While these requests are relevant to settling your case, they are usually intended to discover evidence to deny your claim or offer a token settlement.  There is no requirement you provide a statement (recorded or otherwise) to the other driver’s insurance company so you should not do so.  There is also no reason to permit release of your medical or employment records before consulting with an experienced Missouri personal injury attorney.

Do Not Cash a Settlement Check or Sign Documents Provided by the Other Driver’s Insurance

Insurance companies recognize that motor vehicle accident victims face financial hardships so they may try to issue you a check or ask you to sign settlement documents.  This is a bad idea unless a personal injury attorney has reviewed the case and documents.  Insurance companies are notorious for offering far less than the value of a claim to unrepresented parties because they know that a lack of knowledge about the value of a claim and the financial pressure may result in a quick low-ball settlement being accepted.  Once a general release is executed, it may result in a waiver of ALL claims even those for injuries that are not immediately apparent.

If you or someone you love is injured or a family member dies in a Missouri motor vehicle accident, we urge you to avoid these mistakes and contact us if you have questions.  Our experienced Missouri motor vehicle collision attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!

When you are involved in a serious collision, it can mean bad news, worse news and worst news.  The bad news is that you were involved in a car accident and suffered damage to your motor vehicle that will require dealing with insurance company hassles.  While fighting with an insurance company to get your vehicle repaired is a hassle, it is much worse news to learn you have suffered serious injuries that may result in intense pain, physical and mental disabilities, extensive medical bills and other physical, emotional and fiscal hardships.  However, the worst news is finding out that you may not be able to recover compensation for you injuries because the law enforcement accident report indicates that you are at-fault in causing the collision.

While many car accident victims become discouraged and decline to explore whether they have a right to financial compensation in this situation, this is a mistake to be avoided.  Although law enforcement officers that analyze accident scenes are competent and good at what they do, they are not infallible.

Our experienced Missouri car accident attorneys at Hubbard & Kurtz examine the evidence, which may include law enforcement reports, vehicle damage, witness statements and more to arrive at an independent determination regarding issues like liability and causation.  Our attorneys may also use accident reconstruction experts to build a compelling case that may conflict with the preliminary determination by law enforcement.  We also scrutinize the accident report for errors or inaccuracies that may impact its conclusion on the issue of fault.

Even if the police report is correct in determining that a car accident victim’s own negligence contributed to his or her own injuries, this is not the end of the analysis.  Sometimes the other driver also may have engaged in conduct that contributed to the accident.  In Missouri, an injury victim whose own negligent conduct contributed to a collision may still recover for damages, but the financial award will be reduced based on the percentage of fault assigned to the injury victim.

This legal principle, which is referred to as “pure comparative negligence,” can be crucially important if you suffer serious debilitating injuries like paralysis from a spinal cord injury or impaired cognitive functioning resulting from a traumatic brain injury.  If the jury determined your damages to be one million dollars in this situation, you would still be entitled to receive $250,000 even if the judge or jury determined you to be 75 percent responsible for your own injuries.

If you or someone you love is injured or a family member dies in a Missouri auto accident, we urge you to contact us even if you believe you may have been at-fault for causing the accident.  Our experienced Missouri auto collision attorneys at Hubbard & Kurtz, LLP may be able to identify a factual or legal basis for you to obtain financial compensation for your injuries so contact us toll free at (877) 535-1163 to see how we can help!