Springfield, MO Drunk Driver Accident Attorneys
Impaired drivers killed close to 10,000 people and injured tens of thousands more nationwide in 2014 alone. In fact, drunk driving accounts for nearly one-third of all traffic deaths in the United States. Accidents caused by impaired driving are tragically devastating yet entirely avoidable.
Saddened by this needless suffering, our team at Bishop & Hayes is committed to assisting victims in seeking justice against drunk drivers.
We understand the profound impact such events can have on your life, causing not only physical harm but emotional trauma and financial stress as well. Though seeking justice and compensation following an accident can seem intimidating, our partners are prepared to guide you through every step of the legal process.
If you or a loved one has sustained an injury due to an accident involving a drunk driver, know that we stand ready to assist you. Our team can build a compelling case on your behalf, with the goal of obtaining just compensation for your injuries and losses.
Together, we can confront this challenge and work toward recovery.
Contact us today at (417) 785-3410 to schedule a free initial case consultation with a drunk driving attorney in Springfield today.
Criminal Versus Civil Justice
Upon arrest, a drunk driver is liable under criminal and civil laws. Therefore, as the victim, you will likely be simultaneously involved in proceedings in both courts.
The defendant faces incarceration, probation, driver's license suspension, and fines if convicted in criminal court. The judge might also mandate restitution, although it is seldom adequate to offset the significant harm inflicted by the intoxicated driver.
In order to recover damages, you need to negotiate with your insurance company and file a claim in civil court. Your damages potential is much higher in a DUI case than other types of vehicular injury claims because you are entitled to punitive damages.
Punitive damages are only awarded when the defendant's conduct is deemed egregious, going beyond mere negligence. In legal contexts, driving under the influence is often viewed as particularly egregious due to the high risk it poses to public safety and well-being.
In criminal court, the standard for liability is the high threshold of "beyond a reasonable doubt," meaning the evidence must be compelling. In civil court, the standard is lower with "preponderance of the evidence," suggesting it just needs to show the defendant's liability is more likely than not. The stricter criminal court standard makes it possible for a defendant to be cleared in criminal court but still found liable in civil court for damages.
Springfield, MO, Drunk Driving Statistics
Each year, countless lives are changed forever due to the recklessness of intoxicated drivers. These accidents contribute significantly to the state's traffic-related injuries and fatalities, underscoring the importance of legal action in these situations.
The following statistics paint a picture of the effects of drunk driving in Springfield:
- Shocking statistics: In the most recent year, Springfield, MO, saw 616 DWI cases reported. This number highlights the widespread nature of this problem.
- Deadly consequences: Nearly 20% of traffic fatalities involving people under 21 are caused by alcohol-impaired driving. Further, 70.2% of deadly drunk driving crashes involve drivers with very high blood alcohol levels.
- Alarming trend: In 2023, vehicle deaths where alcohol was likely involved rose by 72% compared to the previous year.
It's crucial to recognize that behind every statistic is a person, a family, that this preventable offense has impacted. Our involvement in your case is more than just about legal proceedings; it's about contributing to a broader effort to hold negligent drivers accountable and advocating for safer roads in our community.
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The Keys to our success
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Exclusive Focus on Auto Accident Recovery Law
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Partners Who Handle Your Claim from Consultation to Recovery
What Types of Damages Can You Seek After Being Hit by a Drunk Driver?
If you've been injured in an accident caused by a drunk driver, you may be entitled to several types of damages to compensate for your losses. These damages typically fall into two categories: economic damages and non-economic damages.
Economic Damages
Economic damages are tangible losses that can be calculated. These might include:
- Medical Expenses: Costs for surgeries, hospital stays, medication, rehabilitation, and long-term care.
- Lost Wages: Compensation for income lost due to being unable to work during your recovery.
- Property Damage: Reimbursement for repairs to your vehicle or replacement if it was totaled.
Non-Economic Damages
Non-economic damages cover losses that are harder to quantify but are just as impactful. These might include:
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Loss of Consortium: Damages for the negative impact on your relationships with loved ones.
As mentioned earlier, when drunk driving is involved, courts may also award punitive damages, which are intended to punish the at-fault driver and deter similar reckless behavior in the future. These damages go beyond your actual losses and reflect the seriousness of the drunk driver's misconduct.
By taking immediate action and understanding the types of compensation available, you can build a strong case and work toward securing the financial recovery you need to heal and move forward after a drunk driving accident.
Evidence in a DUI Injury Claim
In building a robust DUI injury claim, understanding and assembling the proper evidence is paramount. This evidence not only reconstructs the accident but also establishes the liability of the drunk driver. As diligent legal advocates for our clients, we gather and meticulously analyze every detail to support your case.
Here are some examples of critical pieces of evidence we focus on:
- Police reports
- Blood Alcohol Content (BAC) records
- Witness statements
- Expert testimony
- Surveillance footage
- Medical records
- Financial documents
- Photographs of the scene
- The driver's driving history
We leverage a network of specialists and harness a variety of technological tools to collect and critically assess all information relating to your accident. Our approach helps us prepare and present a strong case on your behalf, striving to secure the compensation you need to cover your losses.
What Is the Statute of Limitation in a Springfield, MO, Drunk Driving Accident Case?
Time is a critical factor in legal proceedings, especially in personal injury cases involving drunk driving accidents. In Springfield, Missouri, the statute of limitations sets a strict deadline by which you must file a lawsuit. For most personal injury claims, this period is five years from the date of the accident. Missing this deadline could permanently bar you from seeking compensation for your injuries.
If the accident resulted in a fatality, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased's passing. It's important to note that exceptional circumstances can alter these timeframes, making it essential to consult with an experienced attorney right away to preserve your right to recovery.
What to Do After Suffering an Injury Caused by a Drunk Driver
Being injured in an accident caused by a drunk driver can be a traumatic experience, and knowing what steps to take afterward is crucial for protecting your legal rights and ensuring you can seek the compensation you deserve. Here are some important steps to follow:
- Seek Medical Attention Immediately: Your health and safety are the top priority. Even if your injuries seem minor, it's important to get evaluated by a medical professional as soon as possible to identify any underlying issues and document your condition after the accident.
- Contact Law Enforcement: Call the police to report the accident and ensure a formal accident report is filed. This report can serve as critical evidence when pursuing a claim against the drunk driver.
- Gather Evidence at the Scene: If you're able, take photos of the accident scene, including vehicle damage, road conditions, skid marks, and any visible injuries. Collect contact information from any witnesses and note the other driver's behavior if they appear intoxicated.
- Avoid Discussions with Insurance Companies Without Legal Guidance: Insurance adjusters may attempt to gather statements that could limit your ability to recover compensation. Speak with an experienced personal injury attorney before providing any statements or agreeing to any settlements.
- Consult a Personal Injury Lawyer: Drunk driving accidents often involve complex legal considerations, including potential punitive damages. An experienced attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Hear from our clients
WE PUT YOUR EXPERIENCE AND YOUR RECOVERY FIRST
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“If you need an attorney that is going to look out for your needs give them a call first.”- Jen F.
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“Two times now we have needed them.”- Kasandra S.
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“There aren't enough words to say how much I appreciate my first meeting with Tim Hayes!!”- Jeanette B.
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“Professional, caring, answered every question, staff very understanding, and they made it easier going thru an accident.”- Campbell C.
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“My husband, family and I are very grateful for the compassion and the help in navigating all the parts.”- Renee T.
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“They made it so easy! Super friendly staff and beautiful office!”- Allie E.
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“They guided me through a confusing time and went above and beyond to help me.”- Bailey D.
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“Their service, communication and professionalism, that's what makes them great!”- Vlad L.
Pursue Legal Action Against the Drunk Driver Responsible for Your Injuries
We understand the immense challenges that come with drunk driving cases for the victim. Despite being blameless, you find yourself entangled in multiple court proceedings. As you strive to recover physically from your injuries and seek rightful compensation in civil court, there's also the possibility of being deposed or subpoenaed as a witness in the concurrent criminal trial. This complex situation can be emotionally taxing, requiring a delicate balance between seeking justice and healing.
Our dedicated team of attorneys serves as your unwavering advocates. We can navigate you through depositions, motions, and the trial process to safeguard your rights as the victim of a drunk driver. By providing personalized support and legal representation, we can work tirelessly to pursue the justice and support you deserve during this challenging time.
Call (417) 785-3410 or contact us online to schedule a free case consultation with a drunk driving accident lawyer in Springfield, MO, today.
