Table of Contents

• Drunk Driving Accident Claims
• What To Do If You Suffered an Injury in a Drunk Driving Accident
• Typical Settlements for Drunk Driving Accident Claims
• How To Collect Judgment?
• Why Hire an Injury Lawyer
• Contact a Cape Girardeau Drunk Driving Accident Attorney from Cook, Barkett, Ponder & Wolz Today

Our Record Speaks for Itself

Our record handling accident and injury cases speaks for itself. We are proud to share with you some of our success stories. We cannot guarantee these results for your case, but here are some of the wins that we have celebrated in the past:

• $1.7 million personal injury claim
• $2.5 million wrongful death settlement
• $600,000 personal injury settlement

Cape Girardeau, MO Drunk Driving Accident Claims

Alcohol is the substance of choice for many Southeast Missouri motorists, and our towns have many opportunities to have drinks on the Mississippi River, at local establishments, outdoor concerts, and events. Unfortunately, when people drink and drive, they cause serious car accidents and injuries.

Motorists who choose to operate their vehicles while under the influence of alcohol act in a way that may cause catastrophic damage to others. Often, there is little regard for the consequences and aftermath of a drunk driving accident. Continue reading to learn more about Missouri drunk driving accident claims.

What Is Drunk Driving?

Drunk driving happens when a motorist operates a motor vehicle after consuming enough alcohol to exceed the legal blood alcohol limit (BAC). It is illegal for a person to drive if their BAC is 0.08 or higher in every state across the country. If a court charges a person with driving under the influence of alcohol, they may face several consequences depending on the state and the number of DUI convictions that the driver has on their record.

Causes of Drunk Driving Accidents

Alcohol is a depressant that lowers a person’s inhibitions. Alcohol can adversely affect a driver’s motor skills because the driver is impaired, and they are more likely to make careless mistakes while driving. Some errors that drunk drivers may make while under the influence of alcohol include speeding, running red lights, and disobeying traffic signs and signals. These actions make the roads much more dangerous for the impaired driver and every other person that they share the road with.

Where are Drunk Driving Accidents Most Likely to Occur in Cape Girardeau?

According to the Centers for Disease Control and Prevention (CDC), people between the ages of 25 and 34 made up the group most likely to die in an auto accident involving a drunk driver. The CDC also reported that motorcyclists were most likely to die in an alcohol-related crash.

How Common are Drunk Driving Accidents?

According to the CDC, traffic crashes involving drunk drivers happen every day. In fact, the CDC reports that each day 29 people die across the country in a traffic accident that involves a drunk driver. The cost of alcohol-related crashes across the country is more than $44 billion annually.

What Should I Do If I Suffered an Injury in a Drunk Driving Accident?

If you suffered an injury in an accident with a drunk driver:

1. Get medical attention. Your safety and the safety of others involved in the accident are the priority after an accident. Check yourself and your passengers for wounds if you can check the other driver and their passengers for injuries. If anyone needs medical help, call 911 immediately.
2. Call the police. You will need to call the police and make an accident report. Although the insurance company will likely make the final decision about liability, the officer who completes the report will initially determine fault at the scene. The officer’s initial determination of liability may sway the insurance company’s decision.
3. Call your insurance company and report that you were in an accident. Most insurance policies require the policyholder to make a report to the insurance company regardless of liability. Failure to make a claim can result in the revocation of your insurance policy. After you report the accident, your insurance company and the other driver’s insurance company will each investigate liability.
4. Take pictures and video of the accident scene. If you are able, you will want to document any physical evidence that you can collect contemporaneously. Take photos of your injuries, your vehicle, and the scene around you.
5. Call Cook, Barkett, Ponder, & Wolz. You will need an attorney as soon as possible. We can help you understand your rights and help you recover compensation faster so that you can get your life back on track.

Typical Injuries that Accident Victims Suffer

Injuries will vary depending on the accident. Some accidents cause minor and temporary injuries, while other accidents will cause significant and permanent injuries. The best-case scenario for accident victims is to have no injuries, but if they must suffer from an injury, that the injury is minor, and the victim can fully recover from the injury.

The injuries that a person can suffer after an accident with a drunk driver include:

• Death
• Paralysis
• Traumatic Brain Injury (TBI)
• Broken bones
• Amputation
• Concussion
• Tendonitis
• Sprains and strains
• Cuts and bruises
• Whiplash

Types of Damages Sustained in Drunk Driving Accidents

Every car accident is unique. There is no way to predict what kinds of damage the accident will cause. Damages for drunk driving car accidents generally fall into two groups: 

Economic Damages

Economic damages are measurable, observable damages that the victim suffered, and the judge or jury can assign a value. Economic damages typically have a definite dollar value. Economic damages are usually paid as compensation directly for some objective harm that the victim can show.

Examples of economic damages include:

• Medical bills
• Physical therapy
• Long-term medical expenses
• Lost wages
• Lost earning capacity
• Loss of enjoyment of life
• Funeral expenses
• Property damages

Non-economic Damages

Non-economic damages do not have a set dollar amount associated with them. These kinds of damages are usually subjective and immeasurable. They may also represent something of sentimental value to the injured person.

Examples of non-economic damages include:

• Pain and suffering
• Loss of consortium/companionship
• Emotional distress
• Punitive damages

Wrongful Death Claim

If the unthinkable happened and a drunk driving accident claimed the life of a loved one, you may be eligible to seek compensation for your losses, including:

• Pain and suffering
• Loss of income and financial support
• Funeral and burial expenses
• Medical expenses the victim incurred before passing

While no amount of money could ever replace your loved one, our promise is to pursue the maximum compensation for your case so you have the time and space to grieve and rebuild your life. If filing a wrongful death lawsuit is a viable option for your full and fair compensation, we will pursue that course as well.

No matter what you lost in a drunk driving accident, the attorneys at Cook, Barkett, Ponder, & Wolz are prepared to help you through the process of recovering the compensation that you deserve. Do not hesitate to call us if you suffered injuries or have lost a loved one in a drunk driving accident. Our attorneys are eager to put that experience to work for you. Call us today or visit us online to schedule a free consultation.

Typical Settlements for Cape Girardeau, MO Drunk Driving Accident Claims

A settlement amount depends on the specific facts of the case. There is no way to predict your settlement at the end of the case. However, attorneys may know how much money a personal injury case is worth at the outset.

Some of those factors include:

• The defendant’s insurance policy limits. The money you can collect in a personal injury case is the money included in the at-fault party’s insurance policy. While there are exceptions to this, it can be complicated to do.
• Whether there is severe injury or death.
• Whether the accident caused substantial property damage.

A successful personal injury case relies on proof. An accident may occur as you claim, but without evidence, there is no way that an accident victim can recover for their damages. Proving your case begins at the scene of the accident. As stated above, if you can take pictures and videos of the scene, you should do so.

Exchange information with the other driver and their passengers. It is best not to discuss fault with them at this time. The other driver, their passengers, and your passengers will likely be called as witnesses if the case goes to trial.

In addition to the witnesses at the scene, begin thinking about witnesses that you can use to testify about your life and condition before and after the car accident.

Friends, family, and coworkers are all good people to explain to a jury how the accident affected your daily life. For example, all of these people can testify how you used to love running or going on hikes before the accident, and now you have no energy to do the things that you loved since the accident. These things speak to your condition and how your life has changed.

Another essential piece of information to have after an accident is medical proof of injury. Always do your best to make every doctor’s appointment and follow all your doctor’s orders. If you fail to follow your doctor’s recommendations, the insurance company may argue that you are not trying to remedy your injuries.

How Do I Collect My Judgment?

Winning an accident claim is the first part of the battle. The second part of the fight, and often the more difficult part of the case, is collecting the damages that a court awarded to the plaintiff. If the defendant happens to be a large company, there is less of a risk that the defendant will not pay the plaintiff the judgment that the court has awarded them.

However, if the defendant is a private individual, the plaintiff may run into a situation where the defendant cannot pay or refuses to pay the judgment amount. In those circumstances, it is a good idea to start a collections process. This is often a separate legal action and may require much more time in the court system.

Why Hire a Cape Girardeau Drunk Driving Accident Lawyer?

Getting the money you deserve from an insurance company after you are injured is a feat that many unrepresented accident victims cannot accomplish. Talking to insurance adjusters and defense attorneys on your own can get overwhelming and be unproductive. Fortunately, you do not have to face the insurance companies on your own.

We have a commitment to being with our clients throughout the entire process, from negotiations to settlement. Our Cape Girardeau drunk driving accident lawyers will always fight for you to get the compensation that you need to pay for your medical care, replace your lost income, relieve your pain and suffering and make you whole for your other injuries.

The accident attorneys at Cook, Barkett, Ponder, & Wolz are not intimidated by highly paid defense lawyers or big insurance companies. We do not bend to bullies or intimidation tactics. If the at-fault party’s insurance company refuses to offer you a fair settlement for all the damages and losses you suffered in the drunk-driving motor vehicle accident, we are prepared to take your case further. We will file a personal injury lawsuit on your behalf and argue your case before a judge or jury.

Our attorneys have over 100 years of combined trial experience, and we will use our experience to anticipate and crush any argument presented by the opposing side.

If you suffered an injury or a loved one lost their life in a drunk driving accident, call the team at Cook, Barkett, Ponder, & Wolz today to schedule a free consultation. We are proud to provide each of our clients with the personalized, excellent representation that they deserve. Give our office a call at (573) 335-6651  or contact our  Cape Girardeau Drunk Driving Accident Lawyers online for your free consultation.