Drunk Driving

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Injured in a car accident in Kansas City? Time is of the essence. Call Devkota Law Firm Now To Get on the Path to Your Best Recovery

In Kansas City, it is illegal to operate a vehicle under the influence of drugs or alcohol. Even so, some drivers openly defy the rule, endangering the lives of other road users. In 2022, there were 13,524 fatalities in alcohol-related crashes in the United States.

Drunk drivers can cause devastating accidents, leaving victims with severe injuries, emotional trauma, and financial burdens. Missouri personal injury law allows victims of drunk driving accidents to pursue compensation from the at-fault party.        

A trusted drunk Kansas City personal injury attorney, can offer legal advice and protect your rights as an injured victim.

Drunk Driving Laws in Missouri

There are two driving under the influence laws in Missouri: Driving While Intoxicated(DWI) and Driving with Excessive Blood Alcohol Content. 

Driving While Intoxicated (DWI) Overview

The legal drinking age in Missouri is 21. The legal drinking limit for drivers aged 21 years and above is a Blood Alcohol Concentration(BAC) of 0.08%. A driver below 21 can face legal consequences for a BAC of 0.02%.

Since the 0.02% limit is too low, breaching the limit doesn't take much consumption. Further, an underage driver may be charged with the possession of alcohol instead of DWI if their BAC is below 0.08%.

Here are some possible penalties for DWI offenses in Missouri.

• Jail Term: The minimum and maximum jail term depends on the number of prior DWI convictions and the circumstances of the current offense. First-time offenders may be jailed for up to 6 months and up to 1 year for the second offense. Third-term DWI offenders face up to 4 years in jail if found guilty.

• Fines: First-time offenders face fines of up to $1,000 or $2,000 for second offenders. A third DWI offense may attract a fine of up to $10,000.
• License Suspension: All drivers charged with a DWI offense face license suspension or revocation. First-time offenders face a 30-day license suspension followed by a 60-day restricted license. A second DWI offense may result in a 1-year or 5-year revocation if the current offense is within five years of the current offense. Third-time offenders face a potential 10-year revocation.

Why Drunk Driving Is Such a Serious Offense 

People who engage in impaired driving cause accidents with devastating consequences. Alcohol is a substance that impairs the function of the brain, hindering thinking, reasoning, and muscle coordination. When alcohol impairs the above elements, it becomes unsafe to operate a vehicle.

Although 0.08 BAC is the legal limit for driving a vehicle, a small amount of alcohol impairs your driving ability. 

For instance, at a BAC of 0.02, typical effects of alcohol include loss of judgment, altered mood, and relaxation. The predicted impact on driving ability includes a decline in visual function and an inability to multitask.

At a BAC of 0.08, the predicted effects of alcohol intoxication include loss of concentration, short-term memory loss, impaired perception, and speed control.

At a BAC of 0.10, there is an apparent effect on reaction time, control, slowed thinking, and poor coordination. It causes the inability to maintain lane position and brake appropriately.

How Common Are Drunk Driving Accidents in Kansas City?

In 2021, there were 2,158 alcohol-related crashes, 3.7% of all incidences. There were 77 alcohol-related fatal crashes, 20.2% of all crashes. There were 856 alcohol-related injuries, 6.6 percent of total injuries.

In 2021, drivers aged 21-24 caused 396 crashes, leading to five fatalities and 153 injuries. 

Drivers aged 25-29 caused 352 crashes with ten fatalities and 130 counts of injuries. Those aged 60-64 caused 59 crashes, one fatality, and 23 injuries. 

Why Do Drunk Driving Accidents Occur in Missouri?

How Alcohol Impairs Driving Abilities

The impact of alcohol on your driving can include:

• Slowed reaction time
• Impaired ability to perceive speed or distance
• A false sense of confidence leads to an increased appetite to take risks
• Impaired vision, which hinders your ability to perceive obstacles
• Hindered concentration and coordination

Drunk Driving Is Completely Preventable 

If the drunk driver was at fault for the accident, they may be liable for accident-related losses if It can be established that they breached their duty of care by driving while impaired.

However, the injured victim must demonstrate the following:

• The breach of duty—drunk driving— was the cause of your damages, meaning you suffered harm and losses resulting from the driver breaching their duty of care.
• The driver's impairment and resulting accident were the proximate cause of your injuries and losses. In a nutshell, you must demonstrate that the driver's actions were closely related to the accident.

Based on the above aspects, if you collided with a drunk driver after running a red light, you may not prove negligence was the cause of the accident. 

You can avoid the consequences of drunk driving by being a responsible driver. Here are a few helpful tips:

• If you're driving, do not drive.
• Plan a safe ride home before starting a party; choose a sober friend as a designated driver.
• If someone has been driving, do not let them get behind the wheel. Arrange for a taxi or request a sober friend to drive them home.
• If drunk, call a taxi, a ride-hailing service, or a sober friend to drive you.
• If you're hosting a party where alcohol will be served, ensure all guests leave with a sober friend.
• Wear your seat belt while driving as your best defense against impaired drivers.

Injuries and Damages Caused by DUI Accidents in Kansas City

Injuries Caused by DUI Accidents in Kansas City

The following are the common injuries associated with DUI accidents:

Traumatic Brain Injuries

Traumatic brain injuries occur as a result of a forceful blow or jolt to the head or body. It may also happen if a sharp object or a shattered piece of skull goes through the brain tissue. The severity of the injury depends on various factors, including the force of impact.

Traumatic brain injuries have various physical and psychological impacts, including:

• Headache
• Nausea
• Problems with speech
• Concentration and memory problems
• Feeling depressed and anxious
• Sensory issues such as bad taste in the mouth, blurred vision, and ringing in the ears
• Convulsions or seizures
• Loss of coordination

Several complications can occur immediately or days after a traumatic brain injury, including:

• Altered consciousness
• Infections
• Blood vessel damage
• Fluid build-up in the brain
• Intellectual problems, including memory, learning, judgment, and reasoning
• Behavioral changes
• Emotional changes like irritability

Bone Fractures

Bone fractures, also called broken bones, are common injuries associated with DUI accidents. Even a car crash with a minor impact can result in injuries like broken bones. The location, type, and severity of a bone fracture will determine the nature of treatment and the length of the recovery period.

The impact of a steering wheel or vehicle's dashboard can cause a broken bone. Accidents due to direct impact include arm, leg, wrist, or ankle fractures. 

A bone fracture may occur as a crushing injury where a victim becomes caught between two objects. For instance, a cyclist trapped between two cars can cause life-threatening bone fractures.

Whiplash Injuries

Whiplash injuries commonly occur in rear-end accidents. It is physically harmful due to the neck's forceful and rapid back-and-forth movement, like the whip cracking. Most people with whiplash injuries get better within a few weeks of a treatment plan.

Even so, some individuals have long-lasting pain and other complications. Symptoms of whiplash injuries include:

• Stiffness and neck pain
• Pain that worsens with neck movement
• Limited range of motion in the neck
• Pain or tenderness in the shoulder
• Numbness or tingling in the arms

You should see a healthcare provider if you have neck pain or whiplash symptoms after a car accident.  Although most people recover from a whiplash injury within a few weeks, some people have pain for months or years after the injury.

Spinal Cord Injury

A spinal cord injury after a DUI car accident is severe and potentially life-threatening. It involves damage to any part of the spinal cord, including damage to nerves that lead to the spinal cord. Spinal cord injuries may also occur as a result of damage to bones surrounding the spinal cord.

In a car accident, a sudden and forceful blow to the spine can fracture, dislocate, crush, or compress one or more vertebrae. 

A spinal cord injury can cause the following symptoms:

• Loss of motion
• Loss of bladder or bowel control
• Change or loss in sensation, including loss of ability to feel heat, cold, or touch
• Trouble breathing or coughing
• Changes in sexual sensitivity, function, or fertility
• Exaggerated reflexes or spasms

Neck Injuries

The forceful impact and violent blow of a crash to a vehicle occupant often result in a wide range of neck injuries. With the body being restrained by a seat belt, the neck takes the toll of the violent forward or backward movements.

Here are the common neck injuries in DUI accidents:

• Herniated or Slipped Disc: A herniated disc injury occurs when part of the nucleus pushes out through a tear in the annulus. People with herniated discs feel pain in the lower back, thigh, calf, and buttocks.

• Pinched Nerve: Most neck injuries cause a pinched nerve, which occurs when the impact of an accident applies excess pressure to a nerve by surrounding tissues, bones, cartilage, muscles, or tendons. Symptoms of a pinched nerve include muscle weakness, sharp and burning pain, and numbness.

• Stiff Muscles and Tendons: DUI car accidents also result in stiff muscles and tendons around the neck region. If additional symptoms like headache, fever, or irritability accompany a stiff neck, consult a healthcare provider.
• Neck Sprains or Strains: A neck strain is an injury to the tendon or muscle in the neck that occurs when the tendon or muscle is overstretched, causing a tear. On the other hand, a sprain is an injury to the ligaments of the neck.

Internal Bleeding

Internal bleeding is one of the severe consequences of forceful trauma in car accidents. The forceful impact of a collision can cause damage to internal organs, resulting in internal bleeding. Bone fractures can also lacerate or puncture surrounding blood vessels or tissues, leading to bleeding.

The areas that are susceptible to internal bleeding after a crash include the pelvis, chest, abdomen, and head.

If you're dealing with internal bleeding, you may experience some or all of the following symptoms:

• Pain in chest 
• Low blood pressure
• Blood in the stool or urine
• Fainting and dizziness
• Muscle fatigue and weakness
• Shortness of breath
• Increased thirst

Damages Caused By DUI Accidents in Kansas City

The damages you can obtain in a DUI accident will depend on the facts and circumstances of your case. It also depends on the extent of negligence of the at-fault party. The role of damage is to compensate the injured victim for the losses related to the accident.

An injured victim can obtain economic and non-economic damages from the at-fault party. A judge or jury may also award you punitive damages.

Here's a brief of the applicable damages:

Economic Damages

Economic damages refer to the financial losses an injured victim suffers due to the defendant's negligence. You can put a specific dollar value on these losses because they represent a tangible loss.

The severity of your injury influences the value of your economic damages. The higher the severity of an injury, the greater the value of economic damages. Examples of economic damages include the following:

• Medical Expenses: If you sustain an injury in a car accident, you'll incur medical expenses during recovery. The negligent party should be liable for medical costs related to the injury. Examples of medical expenses you can recover include medication, emergency room charges, ambulance services, diagnostic tests, physical therapy, and physician bills.

• Lost Income: You may not work according to your normal levels while injured. You may also take sick leave, miss work, or leave your job, causing a discontinuation of your wages. You should, therefore, receive compensation for the financial losses you incur due to missed work, having to use sick leave, and losses associated with working at a reduced capacity.

• Loss of Earning Capacity: You could receive compensation if your injuries affect your ability to earn a living in the future. Factors such as the extent of impairment, industry, age, and future earning potential are important in determining the value of your losses.
• Out-of-Pocket Expenses: You may incur other expenses related to the injury, which you can pursue as part of your economic damages. These expenses include assistance with household chores or child care, travel costs to and from medical appointments, and modifications of your home or car because of permanent disability.

Non-Economic Damages

Non-economic damages compensate the injured victim for the intangible losses they incur due to the accident. Although non-economic losses lack a direct dollar value, they are profound with a substantial proportion of the settlement value.

You can obtain various non-economic damages depending on your situation, including:

• Pain and Suffering: Pain and suffering damages compensate victims for physical discomfort and emotional trauma accompanying an injury. Many injuries, including broken bones and burns, cause devastating pain, leading to severe discomfort for weeks, months, or years after the incident. You, therefore, deserve compensation for the physical and emotional pain you feel as a result of the injury.

• Loss of Consortium: An injury may affect your ability to relate with your loved ones as you did before the DUI accident. Suppose you sustained a severe leg fracture that took several months to heal. In that case, you deserve compensation for your inability to play with your kids or be intimate with your partner.

• Emotional Distress: If injured in a DUI accident, the events leading to the injury may be traumatic. Some injuries, including traumatic brain injury, may trigger behavioral and mental health problems. Finding out you're permanently disabled or disfigured may cause anxiety, depression, or post-traumatic stress disorder.

• Diminished Quality of Life: If your injury causes you to no longer enjoy life as you used to, it may be a source of distress. For instance, an amputated limb prevents you from participating in swimming. In that case, you deserve compensation for losing your favorite hobby.
• Permanent Impairment: Your life will change if you are permanently disabled, disfigured, or impaired. Your ability to be independent will drastically reduce. It can also create a negative impact on your physical and mental health.

Punitive Damages

A judge or jury may award you punitive damages depending on the at-fault party's conduct. As the name suggests, punitive damages punish the defendant for their shocking or severe misconduct.

Punitive damages are necessary for instances where the defendant acted in gross disregard for the plaintiff's safety. The judge may also award punitive damages as a form of deterrence to prevent the defendant and others from engaging in the activity that led to the accident.

Is an Insurance Company Responsible for a DUI Accident in Kansas City?

When you sustain an injury from a drunk driving accident, personal injury law allows you to obtain compensation from the at-fault party. Despite drunk driving being illegal, you should get a settlement from the insurer of the intoxicated driver.

Many people believe that insurance companies may refuse to pay injury-related losses because the accident is intentional. While driving while drunk may be deliberate, drivers do not intentionally get into a crash.

Due to the lack of intent, insurance companies must pay for accident-related losses. However, there are instances where an insurance company may deny liability to avoid paying damages.

Why You Should Hire a Car Accident Attorney

Insurance providers are profit-making organizations that may attempt to protect their interests by rejecting DUI accident claims. They can use various tactics, including exploiting your financial situation by offering cash-fast solutions.

However, a car accident attorney can protect your interest even when injured in a drunk driving accident. Although many injured victims obtain compensation from the at-fault party's insurer, hiring a car accident attorney enhances your chances of a positive outcome.

Here are the benefits of working with a car accident attorney:

Investigate the Crash

To obtain compensation, an injured victim must demonstrate fault by the defendant. Missouri also applies comparative fault, where injury-related losses are shared between multiple parties responsible for the crash. The at-fault party may shift blame to avoid responsibility for the losses. 

You must present evidence to protect your right to compensation after a DUI accident. A car accident attorney will work with investigators to gather crash footage, police accident reports, eyewitness testimony, and medical records.

Based on the above evidence, an attorney will file an insurance claim or a personal injury lawsuit against the at-fault party.

Prove the Extent of Your Injuries

A car accident can cause devastating injuries and hefty medical bills. Even so, the victim must demonstrate a relationship between the accident and the injury to receive compensation. Most importantly, you must prove the extent of your injury.

Depending on the severity of the injury, it can keep you out of work and lead to a loss of income. Some injuries may also affect your quality of life and emotional state. An attorney will compile various sources of evidence and prove the extent of your injuries.

An attorney can rely on the following records to prove the extent of your injury:

• Medical records
• Physicians bills
• Pay stubs and tax returns
• Receipts for transport charges
• Photographic and video evidence
• Testimonies from medical experts

Avoid Settling Too Soon

Your ability to recover from injury-related losses depends on the settlement value you obtain from the at-fault party. The insurer may use the circumstances of a DUI accident to make a low-ball settlement offer.

An attorney will provide legal advice on the right time to settle. They will also evaluate the merits of all settlement offers made by the insurer. Most importantly, an attorney will offer various sources of evidence and demand a better deal.

Determine Your Losses

Many car accident victims have no background in personal injury law, so they may not understand their entitlement to damages. A car accident attorney will evaluate the collision's effect on every aspect of your life and determine the recoverable losses.

You may also struggle to establish a monetary value on non-economic losses like pain and suffering. The knowledge and experience of a car accident attorney will ensure you don't leave money on the table.

An Attorney Will Meet Important Deadlines

The knowledge of statute and court deadlines is an excellent reason to work with a car accident attorney. If you must notify your insurance provider by a specific date, your attorney will work toward their compliance.

In Missouri, personal injury and car accident settlements are covered by Missouri Code section 516.120. This statute of limitation law states that an injured victim must file a car accident claim within five years of the incident.

If you file a car accident claim beyond the five-year window, you may extinguish your right to compensation.

Represent You in a Lawsuit

If you disagree on a settlement value with the at-fault party's insurer, your case may proceed to trial. During litigation, you must prove your case to a jury against skilled attorneys representing the insurer.

A highly experienced attorney is the best fit to put a strong case and protect your interest during litigation.

Criminal vs. Civil Drunk Driving Cases

A drunk driver can be liable for either a criminal or a civil case. Criminal cases occur as a result of violations of law. In Missouri, operating a vehicle while intoxicated is an offense prosecuted as a felony offense.

When a DUI offense causes bodily injury, the victim can file a personal injury lawsuit against the at-fault party in a civil court to obtain compensation. If no one is injured, there is no civil case. However, a criminal case will address the misdemeanor or felony offense.

Criminal Cases Do Not Fully Compensate Victims

When a driver is arrested for a DWI offense, the criminal conviction often leads to fines, jail terms, and fines. The role of criminal cases is to prosecute the crime and punish the offender.

Although there are fines dedicated to victims, they barely cover injury-related losses. Therefore, injured victims should file lawsuits in civil court to obtain compensation for their losses.

Your Lawyer Can Use Criminal DWI Convictions as Proof of Liability in a Civil Claim

An attorney can use a DUI criminal conviction to prove fault in a DUI accident claim. A DUI conviction demonstrates that the defendant was legally determined to be driving while intoxicated at the time of the accident.

Schedule a Free Consultation with Our Kansas City, Missouri Auto Accident Lawyer

Suppose you've sustained severe back injury in a rear-end accident involving a drunk driver. In that case, your quality of life is likely to deteriorate due to pain, mental anguish, and lost productivity.

You, therefore, deserve representation from a highly skilled attorney who'll aggressively protect your right to compensation.

Devkota Law Firm has decades of experience representing injured victims, which gives us an edge in representing your rights. Contact us online or call us at (816) 307-0355 for a free consultation.