Drunk Driving Accident Attorney in St. Louis

$400,000 Settlement for a Couple Injured by a Drunk Driver

Our St. Louis personal injury attorneys represent people harmed by drunk drivers. Ben Westhoff obtained a $400,000 settlement for a couple who suffered physical and psychological injuries when a speeding drunk driver caused a crash on Interstate 64 in St. Louis County. The case was litigated for several months, reflecting our willingness to prepare these claims for negotiation and pursue litigation when a fair resolution isn’t reached.

A civil injury claim is separate from the government’s criminal prosecution of an impaired driver. The criminal case addresses violations of Missouri DWI law, while a civil claim seeks compensation for losses caused by the crash. A criminal charge, plea, or conviction may provide relevant evidence, but the civil claim requires its own investigation and proof.

At Sedey Harper Westhoff, we focus exclusively on representing individuals in personal injury and employment matters. We don’t represent employers, insurance companies, or corporations. With more than 40 years of legal experience, we examine the evidence, explain each client’s options, and develop a strategy based on the injuries and circumstances involved.

Call Sedey Harper Westhoff today at (314) 819-0963 or contact us online to schedule a consultation with our drunk driving accident lawyer in St. Louis.

Missouri DWI Law and Civil Injury Claims

Missouri law refers to the criminal offense as driving while intoxicated, or DWI. A person may commit DWI by operating a vehicle while in an intoxicated condition.

A separate Missouri statute addresses driving with excessive blood alcohol content. It identifies a BAC of 0.08 percent for ordinary vehicles and 0.04 percent for commercial motor vehicles.

BAC evidence can be important in a civil claim, but it is not the only evidence that may matter. Depending on the crash, an investigation may include police observations, sobriety testing, witness accounts, video footage, vehicle damage, scene evidence, and the driver's conduct before and during the collision.

A criminal charge, plea, or conviction may provide relevant information, but it does not automatically determine every issue in the civil injury case. Liability, causation, damages, and any additional claims still require their own analysis.

Evidence After a Drunk Driving Accident

Evidence connected with intoxication or the collision can become harder to obtain over time.

Depending on the circumstances, relevant information may include:

• Police reports, citations, and available body-camera or dash-camera footage
• Breath or blood alcohol testing records
• Witness accounts
• Photos and video from the crash scene
• Vehicle damage and other physical evidence
• Medical records and bills
• Wage and employment documentation
• Insurance correspondence and coverage information
• Receipts, surveillance footage, or witness information relevant to where alcohol was served

Medical documentation is also important because it connects the collision to the injuries, treatment, work restrictions, and longer-term effects claimed in the civil case.

If an insurer requests a recorded statement, medical authorization, or release shortly after the crash, reviewing the request before signing can help clarify what information or rights may be affected.

Can a Bar or Restaurant Be Liable in Missouri?

Sometimes. Missouri Dram Shop liability is limited and fact-specific.

Missouri law allows certain claims against a person licensed to sell intoxicating liquor by the drink for consumption on the premises. Among other circumstances covered by the statute, liability may be considered when clear and convincing evidence shows that the seller knowingly served alcohol to a visibly intoxicated person.

Missouri defines visible intoxication as impairment demonstrated by significantly uncoordinated physical action or significant physical dysfunction. A person's BAC may be relevant evidence, but BAC alone does not establish visible intoxication under the Dram Shop statute.

Evidence in a potential Dram Shop claim can include:

• Receipts and payment records
• Surveillance video
• Witness statements
• Employee testimony
• The timing and amount of alcohol served
• Observations of the person's behavior before leaving the establishment

Simply proving that a driver consumed alcohol at a bar or restaurant does not automatically establish a Dram Shop claim.

Compensation After a Drunk Driving Crash

The damages available in a civil claim depend on the injuries, medical evidence, financial losses, liability, insurance coverage, and other facts.

Potential compensatory damages may include:

• Past and future medical expenses
• Lost wages
• Reduced earning capacity
• Property damage
• Physical pain
• Emotional distress
• Rehabilitation and future care
• Other supported losses resulting from the collision

The goal is to document the actual effect the crash has had on the injured person rather than assume that a particular category of damages applies in every case.

Can Punitive Damages Be Awarded?

Punitive damages are different from compensatory damages. Their purpose is to punish and deter particularly wrongful conduct rather than reimburse a specific loss.

They are not automatic simply because alcohol was involved.

Missouri generally requires clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others. Whether that standard can be met depends on the particular evidence.

What If a Drunk Driving Crash Is Fatal?

When an impaired-driving collision results in death, qualifying family members may have a separate wrongful death claim.

Missouri wrongful death law determines who may bring the action and which losses may be considered. These cases generally have a three-year limitations period, although the correct deadline should always be evaluated from the specific facts.

How Long Do You Have to File an Injury Claim?

Missouri generally provides a five-year limitations period for many personal injury actions.

That does not mean every possible claim arising from a drunk driving crash shares the same deadline. Wrongful death has a separate period, and other defendants or circumstances can create additional timing issues.

Waiting can also affect the practical ability to investigate a claim. Video can be overwritten, vehicles repaired, documents discarded, and witnesses harder to locate.