Alcohol-related car crashes are not accidents. Victims of drunk drivers who were killed or injured by drunk drivers are entitled to compensation. And drunk driving accidents are always preventable. At blood alcohol concentrations (BAC) as low as .02%, there is a decline in visual functions (i.e. rapid tracking) and a decline in the ability to perform two tasks at the same time (i.e. divided attention). As concentration levels move from 0.5 to 0.8, there are significant reductions in coordination, visual tracking, concentration, estimating speeds, and impaired perception. While people may not be aware of these specifics, the general effect of alcohol on drivers is widely known. Unfortunately, studies demonstrate that drinking and driving continues to be a leading cause of auto accidents.
In some alcohol-related accidents, the intoxicated driver isn’t the only one at fault. Missouri's Dram Shop Law, RSMo. §537.053 reads: “The sale of alcoholic beverage may be the proximate cause of personal injuries or death.” The sale of the alcohol must be by the drink and by a restaurant and/or bar or similar business and the law only extends to bars or restaurants that serve alcohol by the drink. Social hosts or stores that sell packaged liquor are excluded. The law was created to reduce alcohol-related traffic accidents by making the businesses who over serve intoxicated patrons accountable. There are a couple of ways a bar and/or restaurant can be held responsible for the injury or death of a person in a drunk driving accident in Missouri: (1) the seller served alcohol to a person under the age of twenty-one who later caused an accident and injured their self or someone else, or (2) the seller knowingly served liquor to a “visibly intoxicated person” who then caused an accident and injured someone else. Proving the bar's and/or restaurant's liability in these cases can be difficult, however, because the legal standard to be met is that the seller/server knowingly served alcoholic beverages to a “visibly intoxicated person.” Accordingly, a proper investigation should be conducted as soon as possible, and critical information should be gathered before the evidence is lost and while witnesses can still be located.
At Bautista LeRoy LLC, we know how a drunk driving accident can affect you, your family, and your loved ones. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at 816-221-0382 or chat with use by clicking on the chat box in the bottom right hand corner of your screen.
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We can represent you if you have ben injured by a drunk driver.