Hunter & Cassidy Law

What are your rights after getting hurt by a drunk driver?

On Behalf of | Nov 24, 2022 | Motor vehicle accidents

It is a cold comfort to know that the other driver is the one at fault for a crash. Especially when they do something obviously dangerous and illegal, like driving while intoxicated, you may want more justice than just a determination of fault.

You want them to pay for the injury they cause to you and the damage they cause to your property. Thankfully, state law does multiple ways for those affected by a drunk driving collision to pursue justice.

You can file an insurance claim

Every driver should have motor vehicle liability insurance, and the drunk driver’s policy should cover some of your costs after a crash. Unfortunately, many people who are irresponsible enough to drive drunk may also let their policies lapse or may carry very little coverage. You may have to consider other options for compensation, especially if you suffered a serious injury.

You can take the driver to court

Drunk drivers have broken state law and caused harm to someone else. The situation will typically meet the standards for a personal injury lawsuit. You can make a claim for all of your economic losses related to the crash that insurance hasn’t already covered. Some people may realize that the driver who hit them while drunk doesn’t have much personal property or income either. What else could help in that situation?

You can bring a claim against a business

If the drunk driver was working at the time of the crash, possibly as a delivery driver, their employer may have some liability for the collision. A corporate insurance policy might apply, which would provide substantially more compensation than a basic liability policy.

If the drunk driver was at a bar or restaurant before the crash and they were obviously drunk, then the business might have liability under State dram shop laws. Licensed businesses have to comply with Missouri liquor laws or risk having liability for any negative situations that result.

If waitstaff serves someone who is not legally old enough to drink or who is already visibly drunk, lawsuits and insurance claims can result. Those affected by any wreck that an improperly-served patron caused may have grounds to seek compensation under state law.

Pursuing one or more of the options above can be the best path toward justice for those hurt in a drunk driving collision.