Drunk driving or driving while intoxicated are serious problems in Springfield Missouri and throughout the country. As Springfield Mo car accident lawyers, we see all too often the damage caused by drunk drivers. Alcohol related car accidents are different than “normal” car accidents where the other driver was just “negligent.” Drunk drivers are usually facing criminal penalties in addition to the civil personal injury lawsuit. When a personal injury attorney is helping you bring your injury lawsuit against a defendant who drove drunk, the attorney often faces resistance from the civil attorney hired by the insurance company and the criminal attorney representing him or her. Usually, medical evidence or other direct evidence will help you prove your auto accident injury case, but obtaining that evidence can be a time consuming process involving many expert medical witnesses.
Another factor that makes a drunk driving injury case different than a routine car accident is that an injured plaintiff can seek punitive damages against the drunk driver for recklessly disregarding the safety of the plaintiff and others. Under Missouri personal injury law, these punitive damages must be proven with clear and convincing evidence–a higher evidentiary standard than which normal damages must be shown. Many times these punitive damage claims are uncollectible since punitive damages are not normally covered by auto liability insurance. But, if the drunk driver has personal assets, punitive damages are not dischargeable in bankruptcy and can often be collected. We encourage anyone who has been the victim of a drunk driver to call the personal injury attorneys at Preston Law to found out what can be done to help you. For more information,click on this link. Missouri Drinking-involved Traffic Crashes
