Drunk driving remains a tragic and preventable epidemic on Missouri roads. Despite widespread awareness campaigns and strict laws, impaired drivers continue to cause devastating accidents, leaving victims with severe injuries, emotional scars, and substantial financial burdens. If you or a loved one has been hit by a drunk driver in the Joplin or Columbia area, the legal path to recovery is distinct and often more complex than a standard car accident.
At Sticklen & Sticklen, we believe that negligent drunk drivers must be held fully accountable for their actions, and their victims deserve comprehensive justice.
The Immediate Aftermath: Police and Criminal Charges
In the immediate aftermath of an accident involving suspected drunk driving, law enforcement will be a central presence. The impaired driver will likely face a Driving While Intoxicated (DWI) charge. While their criminal case proceeds through the Missouri court system, it’s crucial to understand that this is separate from your personal injury claim.
The criminal prosecution aims to punish the drunk driver for breaking the law (e.g., jail time, fines, license suspension). Your personal injury claim, on the other hand, is a civil matter aimed at securing financial compensation for your injuries and losses. While a conviction in the criminal case can be powerful evidence in your civil claim, your personal injury case can—and often should—move forward independently.
Distinct Challenges in Drunk Driving Accident Claims
While all car accidents are serious, those involving drunk drivers present unique complexities:
Severe Injuries and Damages
Drunk drivers often exhibit reckless behavior, such as speeding, running red lights, or driving on the wrong side of the road. This frequently leads to high-speed, high-impact collisions that result in catastrophic injuries for victims, including:
- Traumatic brain injuries
- Spinal cord injuries
- Multiple fractures
- Internal organ damage
- Permanent disability or disfigurement
The long-term medical care, rehabilitation, and lost income associated with these severe injuries mean that securing maximum compensation is paramount.
Proving Negligence is Usually Clearer
While you still need to establish negligence, a drunk driving accident often provides compelling evidence. The fact that the driver was operating a vehicle while impaired is, in itself, a clear act of negligence. Police reports, toxicology results, and witness statements from the criminal investigation can be invaluable in establishing fault in your civil claim.
The Potential for Punitive Damages
One of the most significant differences in a drunk driving accident case is the potential for punitive damages. Unlike compensatory damages (which cover medical bills, lost wages, pain and suffering), punitive damages are designed to punish the at-fault driver for egregious or malicious conduct and to deter similar behavior in the future.
In Missouri, driving while intoxicated to a degree that endangers others can be considered “culpable mental state,” making punitive damages a real possibility. Pursuing these damages sends a strong message and can significantly increase the total compensation you receive, reflecting the severity of the driver’s disregard for safety.
Investigating Beyond the Driver: Third-Party Liability
In some drunk driving cases, other parties might also share liability. This is known as dram shop liability in Missouri. If a bar, restaurant, or other establishment served alcohol to a visibly intoxicated person, and that person subsequently caused an accident, the establishment could potentially be held partially responsible for your injuries. This adds another layer of complexity but can also open up additional avenues for compensation, especially if the drunk driver has insufficient insurance.
Why You Need an Experienced Attorney Immediately
Dealing with the aftermath of a drunk driving accident is overwhelming. You’re likely facing intense physical pain, emotional trauma, and mounting bills. Meanwhile, insurance companies, even the drunk driver’s own insurer, will quickly try to minimize their payout. They may offer a quick, lowball settlement before you fully understand the extent of your long-term medical needs.
At Sticklen & Sticklen, our personal injury attorneys are adept at handling these sensitive and challenging cases. We will:
- Launch an immediate, independent investigation into the accident.
- Gather all necessary evidence, including police reports, medical records, and toxicology results.
- Work with accident reconstructionists and medical experts to build a robust case.
- Aggressively negotiate with insurance companies to secure full compensatory damages.
- Relentlessly pursue punitive damages where appropriate.
You shouldn’t have to bear the burden of a drunk driver’s negligence alone. If you’ve been injured by an impaired driver in Joplin or Columbia, contact Sticklen & Sticklen today for a free, no-obligation consultation. Let us fight for your rights and help you rebuild your life.