This is the second installment in our two-part blog post providing key information to those who are the victims of drunk drivers in Missouri. Our Missouri personal injury attorneys have seen the devastating toll that intoxicated drivers can exact on injury victims and their families. We are committed to fighting for those who are needlessly injured or killed by drivers who elect to drink and drive. If you have not yet reviewed Part I of this blog series, you may wish to do so before reviewing the information below.
How do these laws help those who are injured or who lose a loved one in a collision caused by a drunk driver?
When a car accident occurs, the police officer may conduct field sobriety tests (FSTs) and chemical testing of breath, blood or urine. The officer’s observations, FSTs, BAC test results and other evidence may lead to a DUI arrest and conviction. The evidence from the DUI investigation and subsequent criminal conviction can make it easier for an injury victim to settle a car crash accident claim or prevail in a drunk driving civil lawsuit. Depending on the specific facts of your case, the driver’s conviction for DUI may even serve as evidence of fault assuming you can establish that the drunk driver actually caused the collision. Because the BAC threshold for establishing a teen driver was impaired by alcohol is extremely low, this can make it much easier to prove that a teen driver was at-fault in your Missouri car accident lawsuit.
What can I expect from the other driver’s insurance company if I am involved in a collision with an intoxicated driver?
While many people presume that insurance companies will simply “roll over” in this situation, the reality is much different. Insurance carriers know that a monetary judgment in a DUI case can include substantial punitive damages as well as liberal damages for pain and suffering and impaired quality of life. This risk of a substantial judgment can be a double-edged sword. While the insurance company may have an incentive to settle the case to avoid liability, it also may dig in and defend the case aggressively by contesting the cause of the accident or extent of your injuries.
One misconception many people have is that civil liability is guaranteed when an alcohol-impaired driver is involved in a collision. However, sometimes the sober driver causes or at least partially causes a collision. Our Missouri DUI accident injury attorneys routinely employ accident reconstruction experts to rebut claims by the insurance company that the injury victim caused the accident. Even if the insurance company cannot make a compelling argument that you were a factor in causing the crash, it may use medical experts to contest the severity of your injuries.
How is the value of my Missouri drunk driving accident claim determined?
While our experienced Missouri intoxicated driving accident injury attorneys draw on our experience handling hundreds of personal injury claims as well as researching verdicts and settlements in similar cases, there is no guarantee as to the amount of recovery you can expect. We can say that as a general rule many factors will impact the value of your claim which include:
- Severity of injury
- Extent of physical and emotional pain
- Degree fault is in dispute
- Egregious conduct of the defendant (i.e. alcohol-impaired driving)
- Changes in quality of life before and after the accident
- Any permanent disability
- Cost and duration of medical care and rehabilitation
These are only a few of the factors that will play a role in determining the value of your personal injury claim. Generally, motor vehicle accident claims where the at-fault driver is impaired by alcohol will result in more significant monetary recovery that may include punitive damages.
If you or someone you love is injured or a family member dies in a Missouri intoxicated driving car accident, we urge you to contact us if you have questions. Our experienced motor vehicle 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!