Although we are all aware of the potentially devastating consequences of driving under the influence of drugs and alcohol, many Americans continue to do so with complete disregard. Repeated studies by the National Highway Traffic and Safety Administration show that over half of drivers killed in the United States from car accidents had alcohol or drugs in their systems when the crash took place. A study examining data from 2005-2009 confirmed over 20,000 fatally injured drivers, where approximately 57 percent tested positive for at least one drug.  The study also revealed that one in five fatally injured drivers had more than one drug in their system at the time of the accident, the most common being alcohol. However, marijuana and various amphetamines were also pervasive.

Other findings from the study revealed that men were more likely to have alcohol or drugs in their systems at the time of a crash than women.  Less than 50 percent of women that were fatally inured in a crash tested positive for alcohol or drugs, whereas roughly 60 percent of men had drugs or alcohol in their systems. Not surprisingly was the greater likelihood of testing positive when killed in the evening or over the weekend.

Additionally, Native Americans were the most likely to have alcohol or drugs in their system, while African Americans and Caucasians tested equally, followed by Asians, who were the least likely.

It must also be noted that although the data from such studies does in fact provide a level of veracity as to alcohol or drugs playing a role in car accident fatalities, it does not accurately reflect on the impairment of the driver at the time of the crash. This is largely due to the fact that it is impossible to definitively determine a driver’s level of intoxication or whether intoxication was actually the cause of the crash. For example, in scenarios involving drugs including prescription drugs, a user may test positive for several days after ingestion.

Above all, impaired driving continues to be problematic despite heightened awareness of the risks involved when driving under the influence or drugs or alcohol. Despite increased public awareness about the consequences and danger resulting from such negligent and reckless acts, statistics have not improved and seem to be getting worse. Many people contribute such so-called irresponsibility to the “invincibility factor,” where people are unwilling to take the message seriously because they think an accident will not happen to them.

Fortunately, driving impaired can carry serious penalties, especially if it causes an accident inflicting serious injuries or the death of another. Typically, the following individuals can have standing to sue in cases where injuries or death resulted from an individual driving under the influence of drugs or alcohol:

• Adults. Any adult who is injured by the negligence of a drunk driver or close family survivors of someone killed by a drunk driver can bring a lawsuit against the drunk driver. This includes a certain category of people emotionally and physically injured in collisions involving a drunk driver. Customarily, this category is determined by State law, and varies accordingly.    Additionally, the spouse of an injured or deceased plaintiff can also bring a claim of damages for loss of consortium, which includes the loss of comfort, love and care of the injured or deceased plaintiff.

• Minors. Although a minors is technically not allowed to bring a case on their own against a drunk driver, they are able to bring the claim through a parent or guardian, and will be equally entitled to the rights of all other victims.

• Household members who are passengers. It should be noted that this is a less common class of plaintiffs, and typically involves a passenger in the vehicle of the drink driver.  Generally, by law passengers in the drunk driver’s vehicle can sue the drunk driver. However, if they belong to the drunk driver’s household, the family’s insurance policy may prevent them from recovering against the insurance company. Instead, damages would only be directly recoverable from the drunk driver.

If you have suffered from an accident and are seeking legal advice, contact the Missouri wrongful death lawyers at Hubbard & Kurtz at (816) 472-HOPE (4673), for more information on how to pursue your personal injury claim. Our law firm has extensive experience and knowledge with personal injury law in Missouri. We are eager to provide you with the expertise required to settle your claim successfully!

Generally, wrongful death claims can be time consuming and involve highly complicated and unique subject matter. It is not uncommon to encounter unexpected issues and obstacles along the way. However, an experienced wrongful death attorney should be able to navigate through such challenges to successfully resolve the matter in a way that you and your loved ones deserve. When pursuing a wrongful death claim, it is important to be aware of certain circumstances that need to be addressed in every case. The following is an overview of 5 common issues to consider with wrongful death claims:

1. Building sufficient evidence. Investigating and gathering all of the necessary information and evidence is critical for a successful outcome. With the help and cooperation of their client, an attorney must locate evidence, analyze, and prove specific facts according to the law, in order to establish a favorable recovery.  Oftentimes, acquiring relevant information is made more difficult by strict rules of evidence that govern civil actions in each state. An experienced attorney with wrongful death claims should have not only knowledge and expertise of the law, but also investigatory skills to locate and amass sufficient evidence to build your case.

2. Recoverability. An important aspect of your claim of wrongful death is the likelihood of actually receiving a substantial verdict or judgment award decided in your favor against the opposing party.  Sometimes, such an award for damages may prove to be fruitless if a responsible party is unable to satisfy your judgment. In order to get around this, many attorneys often attach as broadly as possible as many responsible parties to the lawsuit in an attempt to obligate insurance companies and other resource rich parties potentially liable as well.  Keep in mind that an attorney will not bring a frivolous claim against a party unless there is a good faith basis to be attached to the suit.

3. Statute of limitations.  Although time frames designated by the statute of limitations vary from state to state, in general, they provide strict time limits by which a party must file a claim for recovery.  In many wrongful death claims, parties that are looking to pursue a suit for damages fail to do so within the statute of limitations.  However, there still may be a chance of recovery. Contact an attorney that specializes in this area to ensure you have not exhausted all of your legal remedies.

4. Governmental Immunity. In certain cases where the local, state, or federal government or their instrumentalities is responsible for the death or injuries of a person, they may be protected by various degrees of immunity from civil suits.  For example, if a person is injured or killed by a police car or fire truck speeding to the scene of another accident, the victim may be barred from bringing suit against the police or fire departments.  Depending on the law governing this matter by each state, bars to recovery may be overcome, if, for example, it can be shown the police or fire departments in such circumstances were acting with wanton or willful misconduct. Regardless, wrongful death lawsuits against governmental agencies and instrumentalities generally present specific obstacles to overcome in order to recover successfully.

5. Cost of Action. The time and effort required to pursue most wrongful death claims can prove to be quite costly over the course of the entire process. However, in the end, an experienced and knowledgeable wrongful death attorney will possess the resources to win your case. Oftentimes, regarding such claims, an attorney will forego a fee until a client receives compensation. There are also many attorneys that will finance the case themselves, so that the client will not have to bear the burden of out-of-pocket expenses throughout the proceedings. Under these circumstances, typically at the conclusion of the matter, expenses that were paid by the attorney to win the case will be deducted from the recovery.

If you or a loved one is interested in filing a wrongful death suit, or you simply have questions on wrongful death law in the state of Missouri, call (816) 472-HOPE (4673) to contact our experienced Missouri wrongful death attorneys at the law offices of Hubbard & Kurtz today!