Walner Law - Attorneys

Kansas City Drunk Driving Accident Lawyer

It wasn’t an accident. It was a choice. A choice someone else made to get behind the wheel while impaired, a choice that has now forced a heavy and unfair burden onto you and your family.

While you are left to navigate doctor’s appointments, vehicle repairs, and lost time from work, the person responsible created a path of destruction through pure negligence. This profound injustice can leave you feeling angry, frustrated, and powerless.

Walner Law was founded to give power back to those who have been wronged. We are now proud to bring our legacy of client advocacy to Kansas City, and a compassionate Kansas City drunk driving accident lawyer from our team is prepared to help you turn your fight for justice into a plan for recovery.

Key Takeaways about Kansas City Drunk Driving Car Accident Cases

  • Individuals injured by an impaired driver have the right to pursue financial compensation for their injuries and other losses through a civil personal injury claim.
  • Missouri law allows victims to hold not only the drunk driver accountable but, in some specific cases, a third party like a bar or restaurant that over-served the driver.
  • A personal injury claim is separate from the criminal case against the drunk driver. A victim can win a civil case even if the driver is not convicted criminally.
  • The types of compensation available in a drunk driving accident claim can include medical expenses, lost income, property damage, and non-economic damages like pain and suffering.
  • Evidence such as police reports, toxicology results, witness statements, and medical records is crucial for building a strong case.

Table of Contents

Why Choose Walner Law for Your Kansas City Drunk Driving Accident Case?

Choosing the right legal team to represent you can feel like another difficult decision. You need a firm with a history of standing up to insurance companies and a genuine commitment to the well-being of its clients. Walner Law is proud to bring our legacy of advocacy to Kansas City.

Here is how we make a difference for the families we serve:

  • A Legacy of Results: Since 1961, our firm has recovered over $1 billion for injured clients. We have a long and proven record of securing significant outcomes, including multi-million dollar recoveries for those who have suffered catastrophic injuries.
  • Decades of Focused Experience: Our family-run firm has been fighting for the injured for generations. We bring a depth of knowledge to every case, understanding the complex strategies insurance companies use to minimize payouts.
  • A Client-First Philosophy: We have helped more than 10,000 clients, and we treat every single person with the dignity and respect they deserve. Your story matters, and we are here to listen and provide compassionate guidance.
  • Comprehensive Support System: Our team includes over 45 legal and medical professionals. This extensive network allows us to help clients access the resources they need, from medical experts to financial assistance, while we build a powerful case on their behalf.

We are not just opening an office in Kansas City; we are becoming part of the community. We are ready to put our firm’s considerable resources and history of success to work for you.

We’re available for you 24/7
If you have been injured by a driver who was using a cell phone, please contact us online at Walner Law® or call (312) 410-8496 today to schedule a free consultation with one of our lawyers about your cell phone car accident.
Herbert
Mr. Walner I am so grateful for your passion dedication and professionalism.
Herbert
Rated 5 out of 5
Monica
Kristin was so knowledgeable and guided me step by step about my options and kept me in the loop about my case.
Monica
Rated 5 out of 5
Denise
I chose Walner Law because they made me feel like a very important client and took consideration of my medical injury at the time.
Denise
Rated 5 out of 5

The Devastating Impact of Drunk Driving Accidents

Super LawyersThe consequences of a drunk driving crash extend far beyond the immediate scene. While every accident is unique, the injuries are often severe due to the impaired driver’s delayed reaction time and high-speed impact. These collisions can leave victims with life-altering physical, emotional, and financial burdens.

Common injuries include:

  • Traumatic Brain Injuries (TBI): From concussions to severe brain damage, a TBI can affect cognitive function, memory, and personality.
  • Spinal Cord Injuries: Damage to the spinal cord can result in partial or total paralysis, requiring a lifetime of medical care.
  • Internal Injuries: The force of a crash can cause organ damage and internal bleeding, which can be life-threatening.
  • Broken Bones and Fractures: Multiple fractures are common and may require surgery and extensive rehabilitation.
  • Emotional and Psychological Trauma: Many survivors experience post-traumatic stress disorder (PTSD), anxiety, depression, and a fear of driving.

According to the National Highway Traffic Safety Administration (NHTSA), about 32% of all traffic crash fatalities in the United States involve drunk drivers. This staggering statistic highlights a senseless and entirely preventable cause of tragedy on our roads, from the busy stretches of I-70 to the neighborhood streets of Brookside.

The harm is not just physical; the financial strain from medical bills and lost wages can be crippling for families already in crisis.

Understanding Your Rights Under Missouri Law

When you are injured by a drunk driver, it is important to understand that there are two separate legal processes that may occur: a criminal case and a civil case.

  1. The Criminal Case: This is brought by the state prosecutor against the drunk driver. The goal is to punish the driver for breaking the law. If convicted, the driver may face penalties like fines, license suspension, or jail time. You, as the victim, may be called to testify, but you do not control this process.
  2. The Civil Case: This is the legal action you take to recover compensation for your losses. This is where a drunk driving accident lawyer steps in to represent you. The goal of a civil claim is not to punish the driver with jail time, but to hold them financially accountable for the harm they caused.

A crucial point to remember is that the outcome of the criminal case does not determine the outcome of your civil claim. You can pursue and win a civil case for damages even if the driver is found not guilty in criminal court or agrees to a lenient plea deal. The standard of proof is different, and our job is to prove that the driver’s negligence caused your injuries.

What Compensation Can a Kansas City Drunk Driving Accident Attorney Help You Pursue?

Walner Law - AttorneysThe purpose of a personal injury claim is to make you “whole” again financially and to compensate you for the intangible suffering you have endured. While no amount of money can erase the trauma of the event, it can provide the financial stability needed to heal and move forward. A knowledgeable attorney can help you identify and calculate the full extent of your damages.

Compensation in a Missouri drunk driving case may include:

  • Economic Damages: These are the tangible financial losses you have incurred. This includes all past and future medical bills, lost wages from being unable to work, diminished earning capacity if you cannot return to your previous job, and the cost to repair or replace your vehicle.
  • Non-Economic Damages: These damages compensate you for the profound, non-financial ways the accident has affected your life. This covers your physical pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
  • Punitive Damages: In cases of extreme recklessness, like drunk driving, Missouri law allows for punitive damages. These are not meant to compensate you for a loss but to punish the defendant for their egregious conduct and to deter similar behavior in the future.

Calculating these damages accurately requires careful analysis of your medical records, employment history, and the long-term impact on your quality of life. Our team works with medical and economic professionals to ensure we account for every loss you have suffered.

Beyond the Driver: Who Else Could Be Held Accountable?

In some situations, the drunk driver may not be the only party responsible for the accident. Missouri has laws that can extend liability to others who contributed to the driver’s intoxication. This is an important area for a  drunk driving accident attorney to investigate.

One of the most significant examples is Missouri’s “dram shop” law. This law states that a bar, tavern, or restaurant that sells alcohol can be held liable if they serve a person who is “visibly intoxicated.” This means if a bartender continues to serve drinks to someone who is clearly drunk, and that person then causes a crash, the establishment that over-served them may be partially responsible for the victim’s injuries.

Identifying all potential sources of recovery is critical to maximizing your compensation, especially when a drunk driver has minimal insurance coverage. Our attorneys will thoroughly investigate every angle of your case to ensure all responsible parties are held accountable.

Steps to Take After a Drunk Driving Accident in Kansas City

Trail LawyerAfter you have received emergency medical care and are safely back home, the days and weeks ahead are crucial for both your health and your potential legal claim. The steps you take can significantly impact your ability to secure fair compensation.

Here is what you should focus on:

  1. Prioritize Your Medical Treatment: Your health is the top priority. Follow all your doctor’s orders, attend every follow-up appointment, and go to all physical therapy sessions. This not only aids your recovery but also creates an official record of your injuries and their severity.
  2. Keep Detailed Records: Start a file to keep everything related to the accident. This includes medical bills, receipts for prescription drugs, records of your mileage to and from doctor’s appointments, and any communication from insurance companies.
  3. Document Your Experience: Keep a simple daily journal. Write down your pain levels, how the injuries are affecting your daily life, and any feelings of anxiety or emotional distress. This personal record can be powerful evidence of your pain and suffering.
  4. Preserve All Evidence: Do not repair your vehicle until your attorney has had a chance to have it inspected and photographed. If you have photos from the scene, torn clothing, or contact information for witnesses, keep it all in a safe place.
  5. Be Cautious with Social Media: Insurance companies will look for any reason to downplay your injuries. Avoid posting photos, videos, or comments about the accident or your recovery online. A simple photo of you at a Kansas City Royals game could be twisted to suggest your injuries are not as serious as you claim.
  6. Do Not Give a Recorded Statement: The other driver’s insurance adjuster will likely call you and ask for a recorded statement. You are not obligated to provide one. These adjusters are trained to ask questions that can be used against you later. Politely decline and direct them to your attorney.

Taking these steps helps protect your rights while your legal team begins the work of building your case. A drunk driving accident lawyer in Kansas City can handle the legal details so you can focus on what matters most—your recovery.

Kansas City Drunk Driving Accident Claim FAQs

Here are answers to some common questions we receive from those who have been injured by an impaired driver.

How long do I have to file a drunk driving accident claim in Missouri?

In Missouri, the statute of limitations for most personal injury claims is five years from the date of the accident. It is critical to contact an attorney well before this deadline, as building a strong case takes time.

What if the drunk driver wasn’t convicted in criminal court? Can I still sue them?

Yes, absolutely. The criminal and civil justice systems are separate. A criminal case requires proof “beyond a reasonable doubt,” which is a very high standard. A civil case only requires proving “by a preponderance of the evidence,” meaning it is more likely than not that the driver’s negligence caused your injuries. A skilled lawyer can often win a civil claim even if the criminal case fails.

How much does it cost to hire a Kansas City drunk driving accident lawyer?

Walner Law, like most personal injury firms, works on a contingency fee basis. This means you pay no upfront fees. We only get paid if we win your case by securing a settlement or a verdict in your favor. Our fee is a percentage of the amount we recover for you.

What happens if I was partially at fault for the accident?

Missouri follows a “pure comparative fault” rule. This means you can still recover damages even if you were partially to blame for the accident. However, your total compensation award will be reduced by your percentage of fault. For example, if you were found to be 10% at fault, your final award would be reduced by 10%.

Contact Walner Law: Your Kansas City Car Accident Lawyers

Jonathan Walner
Jon Walner, Kansas City Drunk Driving Accident Lawyer

You did not choose to be in this position, but you can choose to fight back. You can choose to hold the drunk driver accountable for the harm they have caused. You can choose a law firm that will stand with you, fight for you, and treat you with the compassion you deserve.

Since 1961, Walner Law has been a voice for the injured. We are proud to bring our decades of experience and our track record of over $1 billion recovered to the Kansas City community. Let our family help yours.

Contact us today at (312) 410-8496 or through our online form for a free, no-obligation consultation. We are here to listen to your story and explain your legal options.

Get your Free Consultation
Take the first step towards justice and solidify your future.

This field is for validation purposes and should be left unchanged.
By providing your phone number, you agree to receive text messages from Walner Law. Message and data rates may apply. Message frequency varies. To opt-out, reply STOP. For help, reply HELP.