Drunk driving destroys lives. Every year, people in Missouri are seriously hurt or killed because someone chose to drive under the influence. Victims often face long-term injuries, like brain damage or spinal trauma, that affect every part of their life. While drunk drivers can face criminal charges, those don’t cover what the victim has lost.
Yes, you can sue a drunk driver for car accident injuries in Missouri. If their reckless actions caused your injuries, you have the right to hold them accountable in civil court. Injured in an accident caused by a drunk driver? Our Missouri drunk driver accident lawyers can help you recover money for medical bills, lost income, and other damages after DUI crashes.
Liability in Missouri Drunk Driver Car Accident Claims
When a drunk driving accident causes serious injuries, the person who was hit may be able to pursue compensation from more than one source. In Missouri, the law allows injured victims to hold both the intoxicated driver and, in some cases, a third party accountable.
The Drunk Driver
If someone causes a crash while driving under the influence, they can be held legally responsible for the harm they caused. Missouri law prohibits driving with a blood alcohol content of 0.08% or higher, and any driver who violates this can be sued in civil court.
In most cases, it’s the drunk driver’s insurance company that would pay out compensation for your injuries, property damage, and other losses.
Bars or Restaurants That Served Alcohol
Missouri’s Dram Shop Law allows victims to sue a business that served alcohol to a visibly intoxicated person or to someone under 21. “Visibly intoxicated” means the person showed clear signs of being impaired, such as poor coordination or slurred speech.
While a high BAC can support a claim, it isn’t always enough by itself. If the person didn’t appear drunk, the bar or restaurant usually can’t be held responsible. An attorney can determine whether this kind of liability applies in your case.
Proving Negligence in Drunk Driver Accident Claims
To recover damages in a civil claim after being hit by a drunk driver in Missouri, you’ll need to show that the driver was negligent. Even if the driver isn’t charged or convicted of a DUI, the civil court process is separate, and you can still pursue compensation through a personal injury claim.
In Missouri, proving negligence generally requires showing four key elements:
Duty of Care: All drivers have a legal responsibility to operate their vehicles safely and avoid endangering others.
Breach of Duty: Driving while intoxicated is a clear breach of that duty. A person who chooses to drive under the influence of alcohol has violated their obligation to other drivers.
Causation: You must be able to show that the drunk driver’s actions directly caused your injuries. If they struck your vehicle and you were hurt in the crash, that link is typically straightforward.
Proximate Cause: Finally, the injuries you claim must be reasonably connected to the crash itself. For example, if you broke your ankle in the collision, that injury is likely considered the result of the drunk driver’s negligence. But if you later trip and fall elsewhere, the drunk driver wouldn’t be liable for that unrelated injury.
Understanding Civil vs. Criminal Processes
When someone is hurt by a drunk driver in Missouri, two different legal systems may come into play: criminal and civil. While both can apply to the same incident, they serve different purposes and are handled separately.
Criminal Liability
Criminal cases are handled by the state and focus on punishing the offender. In Missouri, a person can be charged with driving under the influence if their blood alcohol level is .08% or higher—or .02% if they’re under 21. If convicted, a drunk driver might face fines, license suspension, or even jail time.
These penalties are decided in criminal court and carried out by a state prosecutor. However, the prosecutor does not represent victims and does not pursue financial compensation for their injuries.
Civil Liability
To recover damages, the injured person must file a civil claim. This is where a personal injury lawyer steps in. Civil cases focus on holding the driver financially responsible for harm they caused.
This is a completely separate process from any criminal charges the driver may face. A civil claim is the path for victims to seek compensation for medical bills, lost wages, and pain and suffering after a drunk driving accident.
Compensation For Damages in Accidents Caused By Drunk Drivers
If you were injured by a drunk driver in Missouri, you may be entitled to several types of compensation. The total amount depends on the details of the crash, the severity of your injuries, and who was at fault. Damages fall into three main categories: economic, non-economic, and punitive.
Economic Damages
These damages are meant to cover losses with a clear dollar amount, including:
- Medical expenses (hospital stays, physical therapy, prescriptions)
- Lost income from time away from work
- Reduced earning capacity
- Vehicle repair or replacement costs
You can often show these losses through bills, receipts, or statements from your doctor or employer. However, self-employment or ongoing care may complicate things. An experienced lawyer can help organize and present this evidence to the insurance company.
Non-Economic Damages
These damages account for the physical and emotional toll of the crash, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or disability
If your quality of life has changed—especially due to serious injuries—non-economic damages may make up a large part of your claim.
Punitive Damages
Unlike the other two categories, punitive damages are not meant to repay you. Instead, they’re meant to punish the drunk driver. Missouri judges may award punitive damages when the driver’s conduct was especially reckless or dangerous. This is more common in DUI cases than in other types of injury claims, but only a judge can decide if they apply.
What Evidence Will Help Strengthen My Claim?
If you’ve been hit by a drunk driver in Missouri, strong evidence can make a big difference in how your case is handled. A well-supported claim helps your attorney prove the other driver was intoxicated and responsible for your injuries. Here are some of the most important types of evidence:
Police Reports
These often include the officer’s observations at the scene, whether they suspected the other driver was impaired, and any field sobriety tests that were performed.
Arrest Records and BAC Results
If the driver was arrested, their blood alcohol content (BAC) may have been tested. These results can support your claim that the driver was legally intoxicated at the time of the crash.
Dash-Cam or Surveillance Footage
Video from patrol cars, traffic cameras, or nearby businesses may capture the crash itself or show the other driver’s behavior before or after the collision.
Eyewitness Statements
Witnesses who saw the accident happen—or observed the driver acting intoxicated—can provide helpful testimony.
Medical Records and Repair Bills
Documentation of your injuries, treatment, and property damage is used to prove the harm you suffered and calculate the value of your claim.
Each piece of evidence plays a role in showing how the crash happened, who caused it, and how badly you were hurt. The more thorough your evidence, the stronger your case will be in settlement talks or court.
When Should I File My DWI Accident Injury Claim?
In Missouri, you have five years from the date of a drunk driving accident to file a personal injury claim. This deadline is set by RSMo Section 516.120. If you miss that deadline, you may lose the chance to recover compensation—even if the other driver was clearly at fault.
While five years sounds like a long time, it’s not something you want to wait on. Filing sooner means stronger evidence. Witnesses remember more clearly, physical evidence is easier to collect, and your medical records can better reflect the connection between your injury and the crash.
Most attorneys recommend waiting only long enough to understand the full extent of your medical bills, time off work, and recovery needs.
If the accident led to someone’s death, the time limit is much shorter. Missouri allows just three years to file a wrongful death claim. That deadline is set by RSMo Section 537.100.
There are limited exceptions, such as for minors or people with mental incapacity, but they rarely apply. The bottom line: don’t wait to talk to a lawyer. Delaying could cost you the right to be compensated for your injuries, property damage, and losses.
Missouri Drunk Driver Accident Lawyers
At Beck & Beck Missouri Car Accident Lawyers, we focus on Missouri auto accident cases, including those involving drunk drivers. Our team has years of experience helping injured Missourians recover what they’re owed after someone else’s reckless choices caused serious harm. We know how overwhelming it can feel to deal with injuries, medical bills, and insurance companies all at once.
That’s why we take care of the legal side, so you can focus on healing. If you were hurt in a crash with a drunk driver, we’ll fight to hold them accountable and seek full compensation for your losses. Contact Beck & Beck Missouri Car Accident Lawyers today for a free consultation. We’re ready to help.
Some of the locations our DUI car accident injury attorneys serve include St. Louis, Florissant, O’Fallon, Independence, Jefferson City, and more.
