Kansas City Drunk Driving Accident Lawyers

What to Do If You or a Loved One Was Hit by a Drunk Driver

Despite strict laws prohibiting the operation of any motor vehicle while intoxicated, people continue to make the choice to drive drunk every day. Unfortunately, this choice often has tragic consequences.

If you were injured or if your loved one was killed by a drunk driver, we strongly encourage you to reach out to our Kansas City drunk driving accident lawyers as soon as possible. At Shamberg, Johnson & Bergman, Chtd., we fight for justice on behalf of individuals and families who have been made to suffer the consequences of another person’s negligence.

We can help you file a personal injury or wrongful death lawsuit and seek the justice and fair compensation you are owed. Since 1949, we have successfully recovered more than $625 million for our clients; get in touch with us today to learn how we can help you get back on your feet.

Contact Shamberg, Johnson & Bergman, Chtd. online or call our office at (816) 542-5999 to schedule a free, confidential case evaluation today.

Drunk Driving Laws in Missouri

Missouri has strict laws prohibiting individuals from operating a vehicle while intoxicated. Under state law, a driver can be charged with driving while intoxicated (DWI) if they are impaired by alcohol, drugs, or a combination of both, or if their blood alcohol concentration (BAC) exceeds legal limits.

For most drivers, the legal BAC limit is 0.08%, while commercial drivers are held to a stricter 0.04%, and drivers under 21 face a limit of 0.02%.

Missouri law also allows for DWI charges even if a driver’s BAC is below the legal limit, as long as there is evidence that the driver was impaired.

Penalties for drunk driving offenses can be severe and increase with repeat violations. These may include:

• Jail time (up to 6 months for a first offense)
• Fines up to $1,000 or more
• License suspension or revocation
• Mandatory alcohol education programs
• Installation of an ignition interlock device 

In addition to criminal penalties, drunk drivers may also face civil liability for the injuries and damages they cause.

How Alcohol Impairs Your Ability to Drive

Alcohol significantly affects a driver’s physical and cognitive abilities, making it dangerous to operate a vehicle. Even small amounts of alcohol can impair judgment and reaction time.

Some of the ways alcohol affects driving include:

• Reduced reaction time: Slower ability to respond to traffic signals, hazards, or sudden stops
• Poor judgment: Increased likelihood of taking risks, such as speeding or ignoring traffic laws
• Decreased coordination: Difficulty steering, braking, and maintaining lane position
• Impaired vision: Blurred or double vision and reduced peripheral awareness
• Drowsiness: Increased fatigue that can lead to falling asleep behind the wheel

These impairments make drunk driving one of the leading causes of serious and fatal car accidents. When a driver chooses to drink and drive, they put everyone on the road at risk.

Compensation from an Auto Accident Claim

Victims of drunk driving accidents in Kansas City may be entitled to compensation through a personal injury claim. At Shamberg, Johnson & Bergman, we work diligently to pursue maximum compensation for our clients.

Depending on the circumstances of your case, you may be able to recover damages such as:

• Medical expenses: Emergency care, hospital stays, surgeries, rehabilitation, and future medical treatment
• Lost wages: Income lost due to missed work and reduced earning capacity
• Property damage: Costs to repair or replace your vehicle
• Pain and suffering: Physical pain, emotional distress, and reduced quality of life
• Punitive damages: In some cases, courts may award additional damages to punish particularly reckless behavior

Missouri law allows injured victims to hold negligent drivers accountable through civil lawsuits. Our team can help gather evidence, negotiate with insurance companies, and advocate for your best interests throughout the process.

Missouri Dram Shop & Social Host Liability

In some drunk driving accident cases, liability may extend beyond the impaired driver. Missouri has a dram shop law that allows victims to pursue claims against certain establishments that serve alcohol.

Under Missouri law, a business that is licensed to sell alcohol may be held liable if it:

• Knowingly serves alcohol to a person under the age of 21, or
• Serves alcohol to a person who is visibly intoxicated 

However, Missouri law generally does not impose liability on social hosts who provide alcohol at private gatherings.

How to Prove Liability in a Drunk Driving Accident Case

To successfully recover compensation, you must prove that the other party’s negligence caused your injuries. In drunk driving accident cases, this often involves demonstrating that the driver was impaired at the time of the crash.

Key evidence may include:

• Police reports and arrest records
• Breathalyzer or blood test results
• Field sobriety test results
• Witness statements
• Surveillance or dashcam footage
• Expert testimony (accident reconstruction specialists)

Because drunk driving involves a violation of the law, it can strengthen your personal injury claim. However, building a strong case still requires careful investigation and legal strategy.

Drunk Driving Accident FAQs

What should I do after a drunk driving accident?

Seek medical attention immediately, report the accident to law enforcement, document the scene, and contact an attorney as soon as possible.

Can I still recover compensation if the driver was uninsured?

Yes, you may be able to file a claim through your uninsured/underinsured motorist coverage or pursue other legal avenues.

How long do I have to file a claim in Missouri?

Missouri generally allows five years from the date of the accident to file a personal injury lawsuit.

What if I was partially at fault?

Missouri follows a pure comparative fault rule, meaning you can still recover compensation, but your award may be reduced by your percentage of fault.

Do I need a lawyer for my case?

While not required, having an experienced attorney significantly improves your chances of obtaining fair compensation and navigating complex legal issues.

Schedule a Free Consultation with Our Kansas City Drunk Driving Accident Attorney Today

At Shamberg, Johnson & Bergman, Chtd., we strive to provide our clients with the caring support and aggressive advocacy they need and deserve. Our award-winning attorneys are true trial lawyers with a track record of success spanning more than seven decades.

We are proud of our long-running reputation for excellence, and we are also committed to remaining on the cutting-edge of personal injury law by utilizing advanced technology and techniques to build strong cases for our clients. We work as a team to ensure that you receive innovative, skillful representation that’s tailored to your unique situation.

If you were injured by a drunk driver, or if someone you love died in a drunk driving accident, do not hesitate to reach out to our firm to learn how we can help. We provide free initial consultations both in person and over the phone. 

To request a free initial consultation with our Kansas City drunk driving accident lawyers, call us at (816) 542-5999 or contact us online.