Who is Liable For My St. Louis Drunk Driving Accident?

According to the legal doctrine of negligence per se, anyone who violates a state statute and injures you is automatically liable for your injuries. That means that if someone drives with a BAC over the legal limit and injures you, they are liable. But, in some cases you may also be able to make a claim against the vendor who sold them alcohol.

States have dram shop rules, under which you may be able to sue a Missouri or Illinois bar or restaurant for your drunk driving accident injuries if they knowingly overserved the patron who caused your injuries or served alcohol to someone they knew was under 21, according to Missouri Revised Statute §537.053 and the Illinois Liquor Control Act, 235 Illinois Compiled Statute 5/6-21.

What Are the Specific Dram Shop Rules in Missouri and Illinois?

Generally speaking, Missouri prohibits dram shop liability. However, there are two important exceptions where you can still make a claim:

1. If the patron was "visibly intoxicated," meaning they displayed:
• Significantly uncoordinated physical action
• Significant physical dysfunction


2. If the bar, restaurant or employee knew or should have known that the patron was under the age of 21

§537.053 also states that a blood alcohol content above .08% alone is not prima facie, or legally sufficient to support liability. You and your drunk driving accident lawyer in St. Louis will have to prove the establishment and their employees saw physical impairment, such as:

• Stumbling or falling
• Slurring when they talk
• Spilling their drink
• Knocking objects or other people over
• Significantly impaired motor movements

Illinois is unusual in that the person who is liable for your injuries did not have to be "visibly intoxicated" in order for a vendor to be found liable. 235 ILCS 5/6-21 allows you to make a claim against a licensed liquor vendor if:

• A vendor-patron relationship existed, meaning you can prove that the vendor sold the drunk driver alcohol.
• You can prove that the alcohol sold by the vendor contributed to the drunk driver's intoxication.
• You can prove that the driver's intoxication was the proximate cause of your injuries.

What Damages Can I Recover After a St. Louis Drunk Driving Accident?

When you file a personal injury claim with our St. Louis drunk driving accident lawyers, we will make sure you get compensation for every way in which your injuries have affected your life, including:

• Medical Expenses — This includes any urgent care, surgeries, medications, chiropractic or physical therapy appointments and assistive devices such as crutches or wheelchairs. You will also be reimbursed for any treatment, joint replacements or replacement assistive devices you may need in the future.
• Lost wages and lost earning capacity — You will receive the full amount of the wages you lost from not being able to work while you recovered. If your injury resulted in a disability that no longer allows you to work, we will also help you receive compensation for the money you would have earned but are no longer able to.
• Any mental, physical and emotional burdens your injury has caused — Often referred to as pain and suffering, this compensates you for your ability to enjoy life as you used to, the physical pain you feel, PTSD, the mental distress the injury has caused you and any possible disfigurement.

What Can a Drunk Driving Accident Lawyer in St. Louis Do For Me?

Call Burger Law today at (314) 500-HURT or contact us online. Our skilled, experienced and tenacious St. Louis drunk driving accident lawyers can ensure you get justice and the best possible financial recovery by:

• Investigating your claim fully, including acquiring police reports, eyewitness testimony and medical records
• Ensuring you get the full medical treatment you need to recover
• Consulting with economic and medical experts to precisely value your damages
• Combating the tricks insurance companies use to devalue your claim
• Proving negligence on the part of the drunk driver
• Negotiating a fair settlement with the insurance adjuster
• Filing a lawsuit when the insurance company is not being fair
• Taking your case to court if we cannot secure a fair settlement in mediation
• Standing by your side and fighting on your behalf until you are made whole again