Drunk driving accidents often result in serious, long-term injuries that impact both victims and their loved ones. After a collision, injured individuals may require emergency care, follow-up treatment, and time away from work because another driver chose to drive while impaired.
The risks of drunk driving were brought into public view in Kansas City when five-year-old Ariel Young suffered catastrophic injuries in a crash involving an impaired driver. Popham partner Tom Porto assisted her family in their lawsuit against the Chiefs after the crash. Her heartbreaking case highlighted how drunk driving places innocent people at risk and can cause permanent harm to those with no ability to protect themselves.
Drunk driving accidents affect more than the person who was injured. Family members often adjust their daily lives to provide care and support while medical expenses grow and routines change. These impacts can continue long after the initial injuries are treated.
Missouri law allows victims of drunk driving crashes to pursue compensation through civil claims in addition to any criminal proceedings. A drunk driving accident attorney in Kansas City can handle the legal process while you focus on medical treatment and recovery.
Contact Popham Injury Law at (816) 221-2288 to learn how we fight for drunk driving victims and their families throughout Kansas City.
Key Takeaways for Drunk Driving Accident Victims in Kansas City
- Drunk driving victims may pursue both criminal restitution and civil damages against impaired drivers.
- Missouri law permits punitive damages in drunk driving cases to punish reckless behavior.
- Insurance companies often try to settle drunk driving claims quickly and cheaply.
- Dram shop laws may hold bars and restaurants liable for overserving customers who later cause accidents.
- Physical and emotional recovery from drunk driving accidents requires comprehensive medical care and legal support.
How a Kansas City Drunk Driving Accident Attorney at Popham Injury Law Protects Victims
For more than a century, Popham Injury Law has represented victims of drunk driving in Kansas City, holding impaired drivers accountable for the serious harm they cause. These crashes can result in permanent injuries and, in the worst cases, the loss of life, leaving victims and families facing long-term medical needs and financial strain. Our attorneys take legal action to pursue compensation on your behalf and protect your rights under Missouri law.
We work closely with prosecutors in criminal cases while also pursuing civil claims for damages. This combined approach allows impaired drivers to face criminal accountability while victims pursue financial recovery in civil court. Our firm also coordinates with the Jackson County Prosecutor's Office and municipal courts throughout the Kansas City area to strengthen your case.
Our attorneys know the bars, restaurants, and entertainment districts where overservice often occurs. From Westport to the Power & Light District, we investigate whether establishments violated Missouri’s dram shop laws by serving obviously intoxicated patrons. This can expand recovery options beyond the drunk driver’s insurance and increase the resources available for your compensation.
Your Legal Rights After a Drunk Driving Accident in Missouri
If you have been injured by a drunk driver in Missouri, you may face significant medical expenses, lost income, and lasting pain. State law allows victims to file civil claims for damages while prosecutors handle the criminal case. A drunk driving accident attorney in Kansas City can guide you through both processes and use evidence from the criminal case to strengthen your civil claim.
Criminal Cases vs. Civil Claims in Missouri Drunk Driving Accidents
The criminal case punishes the driver for breaking the law, while a civil claim seeks compensation for your losses. Although separate, the criminal and civil cases often intersect to support your claim.
In the Kansas City drunk driving case involving former Chiefs assistant coach Britt Reid, Popham partner Tom Porto publicly called for the most serious charges possible after Ariel Young’s catastrophic injuries, emphasizing that even “two or three drinks” before driving can place someone over the legal limit.
A guilty plea or conviction provides powerful evidence of negligence in civil court. Under Missouri Revised Statutes Section 577.012, drivers with a blood alcohol concentration of 0.08 percent or higher face penalties such as jail time and license suspension.
Your attorney will review the criminal proceedings and gather valuable evidence, including police reports, breath test results, and witness statements. Even if charges are reduced, police reports, test results, and witness statements still support your civil claim.
Pursuing Punitive Damages in Kansas City Drunk Driving Accident Lawsuits
Missouri law allows punitive damages in cases where a driver acts with reckless disregard for the safety of others. Driving under the influence often meets this standard.
Punitive damages are designed to punish the offender and discourage similar behavior in the future. When determining punitive damages, courts may consider the driver’s blood alcohol level, prior DUI history, and behavior after the crash, such as fleeing the scene or attempting to hide evidence.
Although Missouri Revised Statutes Section 510.265 once limited punitive damages, recent Missouri rulings have altered how those caps apply. A drunk driving accident attorney will evaluate whether punitive damages are available in your case based on the circumstances of the crash.
Financial Impact of Drunk Driving Accident Injuries
Victims often miss months of work during recovery. Even after returning to work, lasting limitations may prevent performing previous job duties or advancing in a career. Physically demanding occupations such as construction or healthcare may require complete career changes.
A drunk driving accident attorney calculates both current lost wages and reduced future earning capacity. This includes lost benefits, bonuses, retirement contributions, and advancement opportunities. Wage data from the Missouri Department of Labor helps establish baseline earnings for these calculations.
Economic experts project lifetime earning losses based on your age, education, work history, and injury limitations. For younger professionals facing decades of lost earning capacity, damages can amount to millions of dollars.
Hidden Expenses in Drunk Driving Accident Recovery
Beyond obvious medical bills and lost wages, drunk driving victims face numerous hidden expenses. Home modifications for wheelchair accessibility, transportation to medical appointments, and hiring help for household tasks strain already tight budgets.
These costs add financial stress during recovery. Additional expenses commonly overlooked include:
- Prescription medications not fully covered by insurance
- Medical equipment such as mobility aids or adaptive devices
- Travel costs for specialized treatment
- Childcare during medical appointments and therapy sessions
Insurance rarely covers all these expenses, leaving families struggling financially while dealing with injuries. Comprehensive damage calculations must account for every expense related to the drunk driver's actions, both current costs and anticipated future needs.
Holding Drunk Drivers and Bars Accountable Under Missouri Law
Drunk drivers rarely have sufficient insurance or assets to fully compensate victims for catastrophic injuries. Missouri’s minimum liability limits often fall far short of actual damages. Your attorney investigates all available insurance coverage and assets to maximize recovery.
Underinsured motorist coverage on your own policy provides additional compensation when the drunk driver's insurance proves inadequate. Many victims don't realize their own insurance may cover damages beyond what the drunk driver's policy provides. Stacking multiple policies can increase available compensation for severe injuries.
Personal assets of drunk drivers may be pursued through civil judgments. While many defendants lack significant assets, some have property, investments, or future earnings subject to collection. Pursuing every available source of recovery helps maximize compensation.
Missouri Dram Shop Liability for Kansas City Bars and Restaurants
Missouri's dram shop law, found in Missouri Revised Statutes Section 537.053, holds alcohol vendors liable when they serve alcohol to minors or to obviously intoxicated individuals who later cause accidents.
Proving dram shop liability often requires showing that the establishment knew, or should have known, that the customer was visibly intoxicated. Evidence may include receipts, surveillance footage, or witness testimony. Training programs for servers can also play a role in establishing liability.
In Kansas City entertainment districts such as Westport, Power & Light, and Crossroads, overservice is a known issue. A drunk driving accident attorney investigates whether negligent alcohol service contributed to your injuries and, if so, holds the establishment accountable.
Insurance Company Tactics in Drunk Driving Accident Claims
Insurance companies representing drunk drivers move quickly to reduce payouts. Settlement offers often arrive within days of the crash, sometimes while victims are still hospitalized. These early offers may seem significant but usually fall far short of actual damages.
Adjusters know that juries take drunk driving cases seriously and often award substantial damages. To avoid these outcomes, insurers prefer quick settlements that close cases before victims understand their rights.
A brief consultation can prevent costly mistakes. Once you sign a release, you cannot pursue further compensation. Early settlements rarely account for long-term medical needs, reduced earning capacity, or pain and suffering.
Fighting Comparative Fault Arguments in DUI Cases
Even in clear drunk driving cases, insurance companies may try to shift part of the blame onto the victim. They may argue that you were speeding, distracted, or not wearing a seatbelt. These tactics are designed to reduce compensation under Missouri’s comparative fault rules.
Your drunk driving accident attorney emphasizes that the impaired driver created the dangerous situation. Evidence from the criminal case, including convictions, makes these comparative fault arguments weak in front of a jury.
Building Your Drunk Driving Injury Case With Evidence
Evidence is the foundation of a successful drunk driving injury claim. Police reports often provide key details, including the driver’s behavior, field sobriety tests, and breathalyzer results. These records carry weight with both insurance companies and juries.
Criminal case files may include booking photographs, dash cam or body camera footage, and blood test results. A drunk driving accident attorney in Kansas City can access these materials through legal channels and use them to strengthen your case.
Accident reconstruction specialists may also assist by analyzing vehicle damage and roadway evidence. Their work often highlights speeding, swerving, or other dangerous behavior caused by intoxication. Visual reconstructions and computer animations can clearly show how the crash occurred.
Contact a Kansas City Drunk Driving Accident Attorney Today
Recovering from a drunk driving accident takes time, patience, and support. While you focus on healing, bills continue to arrive and insurance companies pressure you to settle quickly. Taking legal action protects your financial future and holds the drunk driver accountable for the choice that caused your injuries.
Each day that passes makes evidence harder to preserve and memories less reliable. Meanwhile, you are left to cope with lasting injuries and disruptions to daily life. By pursuing legal action, you can seek compensation and a sense of justice that supports emotional recovery.
Popham Injury Law has represented Kansas City drunk driving victims for over 100 years. We understand the challenges these cases bring and fight to recover the maximum compensation for every client.
Call (816) 221-2288 today to schedule a free consultation with a drunk driving accident attorney who puts your recovery first.
