How Does a Drunk Driving Accident Affect My Ability to Pursue Compensation for Damages and Injuries?
Getting rear-ended can be jarring, but imagine the added stress if the other driver was intoxicated. If you’re facing medical bills and lost wages due to a drunk driving accident in Missouri, you’re probably wondering what you can do to recover compensation. The good news is that Missouri law allows you to pursue damages from drunk drivers.
In this blog post, we will explore the implications of a drunk driving accident on your ability to seek compensation for damages and injuries. For help filing a drunk driving accident claim, turn to Hipskind & McAninch, LLC—your advocate for car accidents in St. Louis.
The Impact of a Drunk Driving Accident on Your Ability to Pursue Compensation
Missouri law allows you to pursue full compensation for damages from a drunk driver, regardless of fault. This means even if you were partially responsible for the accident, you can still recover compensation for medical bills, lost wages, and pain and suffering. A drunk driver’s intoxication strengthens your case, as it shows their negligence significantly contributed to the accident.
However, it’s important to remember that insurance companies may try to downplay the drunk driver’s role or even use your actions to minimize your compensation. This is why having an experienced car accident lawyer on your side is recommended to help prove negligence.
Legal Aspects and Challenges Involved in Drunk Driving Accident Cases
The following are key aspects of drunk driving accident cases in Missouri.
Proving the Drunk Driver’s Fault
In any car accident case, proving who’s responsible is essential. Thankfully, Missouri law offers a helpful starting point for drunk driving accidents:
- Negligence Per Se: Missouri considers driving under the influence (DUI) a form of negligence per se. This means the act of drunk driving itself is a violation of the law, automatically establishing the drunk driver’s negligence. This simplifies proving fault compared to situations with non-intoxicated drivers.
- Shared Fault: Missouri follows a comparative negligence system. Even if you’re found partially responsible, you can still recover compensation. The amount you receive will be reduced based on your percentage of fault.
However, proving the extent of the drunk driver’s intoxication and its role in the accident is crucial. Here’s where evidence comes in—police Reports, any prior DUI accident criminal conviction, witness statements, and blood test results among others.
Compensation for Damages and Injuries
Injured victims in a Missouri drunk driving accident may be entitled to compensation for a variety of damages:
- Medical Expenses: This covers past, present, and future medical bills related to your injuries, including doctor visits, hospital stays, medications, rehabilitation, and therapy for drunk driving accident victims.
- Lost Wages: If your injuries prevent you from working or limit your ability to earn a living, you can recover compensation for lost wages and lost earning potential.
- Pain and Suffering: This covers the physical and emotional distress caused by your injuries, including pain, discomfort, emotional trauma, and loss of enjoyment of life.
- Property Damage: The costs associated with repairing or replacing your vehicle damaged in the accident.
Statute of Limitations
Missouri, like most states, has a statute of limitations—a deadline for filing a lawsuit. For personal injury claims arising from car accidents, the statute of limitations in Missouri is five years from the date of the accident. This means you generally have five years to file a drunk driving lawsuit. Missing this deadline can significantly limit your legal options, so it’s important to speak with an experienced attorney as soon as possible after your accident.
Steps to Take After a Drunk Driving Accident to Strengthen Your Compensation Claim
Being injured by a drunk driver is a frightening ordeal. Don’t let the legalities add to your stress. Here are some key actions to take right away to strengthen your personal injury claim.
Seek Medical Attention
Your health comes first. See a doctor immediately, even if your injuries seem minor. This creates a medical record documenting your injuries and linking them to the accident.
Gather Evidence
If possible, take pictures of the accident scene, damage to your vehicle, and any visible injuries. Note down details like weather conditions, time of day, and traffic lights. Collect names and contact details of any witnesses.
File a Police Report
A police report is crucial evidence. Report the accident to the law enforcement officers as soon as possible. The report will document the scene, witness statements, and any mention of the drunk driver’s intoxication.
Contact an Attorney
An experienced personal injury lawyer in Belleville specializing in drunk driving crashes can be your strongest advocate. They can explain your legal rights, navigate the complexities of your case, and fight to ensure you receive fair compensation for your medical bills, lost wages, pain and suffering, and property damage.
Taking these proactive steps can significantly strengthen your claim and help you recover the compensation you deserve after an accident with a drunk driver in Missouri.
Common Misconceptions or Myths About Compensation for Drunk Driving Accidents
Being injured by an alcohol-impaired driver is life-altering, and misconceptions about drunk driving accident claims can add unnecessary stress. Here, we clear up some common myths and explain why a specialized Belleville car accident attorney is vital:
Myth: You can’t get compensation if you’re partially at fault
Truth: Missouri’s comparative negligence system allows recovery even with shared fault, though the amount is reduced.
Myth: Minor injuries mean lower compensation, even with a DUI involved
Truth: While severity plays a role, a skilled attorney can fight for compensation reflecting all your damages, including medical costs and pain and suffering.
Myth: You don’t need a lawyer; you can handle the insurance company yourself
Truth: Insurance companies may downplay the drunk driver’s role or your injuries. An attorney experienced in drunk driving accidents knows how to negotiate for fair compensation and fight for your rights.
Call Hipskind & McAninch Today
Drunk driving accident cases are complex. The attorneys at Hipskind & McAninch, LLC understand the intricacies of proving intoxication and aggressively negotiate with insurance companies. Don’t go it alone. Contact Hipskind & McAninch, LLC today for a free consultation and to protect your right to fair compensation.
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