When an impaired driver gets behind the wheel and causes an accident, many times they are aggressively pursued for compensatory and punitive damages. Many victims of drunk driving accidents are not aware that they can also sue the establishment that served the drunk driver too much alcohol.
Drunk Driving Accident Statistics
- About 17,000 Americans are killed annually in alcohol-related motor vehicle crashes.
- From 2003 – 2012, there were over 3300 people that were killed in crashes involving drunk drivers in Missouri.
- According to the CDC, about 1 in three traffic deaths in the United States involves a drunk driver.
- From 2009-2013 there were 69 deaths in St. Louis city out of 211 total driving deaths in St. Louis City.
What Is A Dram Shop Case?
A “Dram Shop” case is when the injured party sues the bar or restaurant that served the drunk driver at fault too much alcohol. These cases can be difficult to prove because they require information such as, where the person was drinking, but also having proof that the person was “visibly intoxicated,” to name a few. Overall, these cases can be difficult to prove. Sansone & Lauber has experience working with Dram Shop cases in Missouri and can help you get the compensation you deserve for your drunk driving accident.
The Restrictions to File a Dram Shop Case
There are three components to filing a Dram Shop claim in the state of Missouri. 1) To file a suit you have to be the person that was injured or you can file on behalf of someone that is was killed in the accident. 2) The case is filed against the person that has the license to sell alcohol at the establishment. 3) You must prove that the person serving or selling the alcohol had knowledge that the person was drunk and then continued to serve him or her more alcoholic beverages.
Steps to Proving Negligence in a Dram Shop Case
Dram shop cases can be difficult to navigate and the expertise of a drunk driving accident attorney may be essential. In order to begin the process of a Dram Shop claim, you need to investigate to find out where the drunk driver was drinking. This may be a difficult, as many people do not want to voluntarily give up that information. The next step is to gain evidence, where a witness remembers seeing the person drunk at the bar and will testify in court, where you are able to prove the person was noticeably intoxicated. Yet, Missouri does not require direct evidence to prove a person was visibly intoxicated and therefore you wouldn’t not require a witnesses’ testimony.
Drinking and Driving Attorneys at Sansone & Lauber
Attorneys Ben Sansone and Gary Lauber have previously represented numerous DWI defendants at trial. This background, along with their extensive personal injury law experience, means they know the ins and outs of drunk driving accident law in Missouri and Illinois. Their experience can be invaluable for obtaining full and fair compensation for injuries caused by drunk drivers.
You have to be part injury lawyer and part prosecutor when pursuing the maximum value of drunk driving accident cases. This is sometimes necessary because you not only have to prove negligence in the personal injury case, but also the DWI/DUI aspect when the driver avoids criminal drunk driving charges through a favorable plea deal.
Contact Our Drunk Driving Accident Attorneys Today!
If you have been injured or a loved has been killed because of a drunk driving accident in Missouri or Illinois, call Sansone & Lauber Injury Lawyers today at (314) 863-0500 to discuss your legal rights. NO FEE GUARANTEE: you pay nothing unless we win for you. Contact us now to get started.