drunk driving

Police Report

One of the critical and obvious pieces of evidence your attorney can use to build a strong case against the drunk driver is the police report.

When the police arrive after an accident, they generally write down everything they observe at the accident scene.  So if the truck driver showed any signs of intoxication, chances are the police officer included observations of impairment in the police report. Your attorney may use this as evidence to prove the truck driver was driving while drunk, and their negligence caused your injuries.

Blood Alcohol Content (BAC) Test Results

If the police officer suspects a driver is drunk, the first thing they will do is administer a BAC test. If the BAC results are 0.08% or more, the driver is considered legally intoxicated. Your attorney can use the BAC results to convince the insurance company your claim has merit.

Field Sobriety Tests

This is another test the truck driver may be required to take if they exhibit signs of intoxication. If the driver fails this test, your attorney can use the test results to strengthen your case.

Previous DUI Citations

If the truck driver has previous DUI citations, your attorney can use these citations to prove the other driver has a habit of getting behind the wheel while drunk.

Medical Evidence

If the truck driver sought medical treatment, chances are their treating doctor noted in their medical report they were drunk. Again, your attorney can use this as evidence.

Eyewitnesses

Statement from eyewitnesses can also serve as compelling evidence to pin down the at-fault driver. Eyewitnesses can share crucial information about the trucker’s behavior after the accident. Your attorney can also go out of their way to track down the bar or restaurant that served the driver to support your claim further.

In addition, if the trucker admitted they were drunk after the accident, their incriminating statement can be used as another piece of irrefutable evidence.

St. Louis Car Accident Lawyer

Have you been injured by a drunk driver in St. Louis? Call the experienced St. Louis car accident lawyers at The Hoffmann Law Firm to learn more about your legal rights after a car accident.

According to one study, drivers who have consumed alcohol – even below legal limits – were 46% more likely to be responsible for a car accident.

“Buzzed” driving is an unfortunately common problem in America. Even a small amount of alcohol can impair driving abilities. In fact, one study showed that drivers who had consumed alcohol – even below legal limits –  were 46% more likely to be responsible for a crash. 

Let’s discuss this topic in detail, including what you should do if a buzzed driver hits you in St. Louis.

What Is Buzzed Driving?

Buzzed driving is when someone drives after drinking any amount of alcohol, even if they are still under the legal limit for a DUI (Driving Under The Influence) charge. In Missouri, this is 0.08% BAC (Blood Alcohol Content).

It’s important to note that even if a person is under 0.08% BAC, they can still be charged with a DUI. While you aren’t automatically charged, evidence and testimony from the incident – such as a police officers’ report or your testimony about their driving behavior – will be taken into account when pressing charges.

What To Do If You Are Hit by a Buzzed Driver

Here are some simple tips on what to do if you get hit by a driver who you suspect may be buzzed and under the influence.

• Call 911 and get to safety – Call 911 immediately to get emergency medical assistance and police assistance. Be sure to mention that you think the other driver may be under the influence.
  
• Collect evidence and the other driver’s information – Stay calm when interacting with the other driver. Take note of how they act, whether they mention drinking or drug use, and look for any other signs they may be under the influence. Get their driver’s license, license plate, and insurance information. If this is not possible, make sure to at the very least note the details of their car make and model, and license plate.
  
• Speak with the police – Give a detailed statement to the officers. They will likely administer a DUI test to check the other driver’s blood alcohol level, leading to an arrest in some cases.
  
• Get medical attention – An ambulance will likely take you to a medical center for evaluation if injuries are suspected. Make sure to get medical attention right away if you are injured.

Speak With a St. Louis Car Accident Lawyer If You’ve Been in an Accident With a Buzzed Driver

If you were injured by a driver who was drinking but under the legal limit of 0.08% BAC, you may still be able to pursue a personal injury claim and get compensation for your injuries, lost income, and more.

Don’t wait. Get the help of our team of experienced car accident attorneys in St. Louis – contact The Hoffmann Law Firm today. We can evaluate your car accident case free of charge and help you understand what you are legally entitled to.

Getting hit by a drunk driver is a physically and emotionally stressful experience. You may have to deal with personal injuries, injuries to a passenger, damages to your car, and more.

In 2019, drunk driving deaths reached their lowest number since 1982. However, over 10,000 people still died from drunk driving nationwide. Here’s what to do if you are hit by a drunk driver in St. Louis, Missouri.

Seek Appropriate Medical Attention 

First, make sure you are in a safe space. Call 911 and get medical treatment as soon as possible if necessary. Drunk driving accidents can cause whiplash, concussions, and severe or fatal injury.

File a Police Report

In Missouri, you are required to file a police report if the crash caused a serious injury or death or caused more than $500 worth of damage. Even if you are unsure if the accident qualifies, file a police report to be safe. If you suspect the other driver was intoxicated, an officer on the scene can document the accident, interview witnesses, and provide testimony. A police report is a valuable, unbiased piece of evidence when you speak to your insurance company to establish fault.

Call Your Insurance Company & An Experienced Attorney

You’ll want to call your insurance company and report the accident as soon as possible. It is also a good idea to speak with an experienced attorney to ensure that you get the full amount of compensation you are legally entitled to for your injuries and damages.

Missouri is a Comparative Fault state – so the percentage of damages you can recover will depend on how much you contributed to the accident. In this case, a police report can be a helpful piece of evidence establishing the other driver was at fault.

DUI Consequences in Missouri

In Missouri, a driver is guilty of DWI if their BAC 0.08 percent or higher. For individuals under 21, 0.02 or higher. A driver can refuse a blood or breath test at the scene. However, under Missouri law, this results in an automatic one-year “Chemical Revocation” of the driver’s license. A driver will have 15 days to challenge the Chemical Revocation to a judge, or they will have their license suspended for a year – even if they never took a blood or breath test.

Speak With an Experienced Car Accident Lawyer in Saint Louis, Missouri

Getting hit by a drunk driver is a physically and emotionally stressful experience. You may have to deal with personal injuries, injuries to a passenger, damages to your car, and more. If you are unable to work or do not have a vehicle to use while yours is being repaired, it can be challenging to earn income. A lawyer with experience handling car accidents can work with your insurance company to get a settlement that covers you.

Intoxicated driving often leads to unfortunate situations because the driver is not able to keep control of the vehicle as they would while sober.

Drunk driving is a criminal offense in Missouri. Those who are found guilty of it can face some fairly harsh consequences, from fines to time spent in jail, and even license suspension.

These laws are in place to keep the state roads safe for everyone. Drunk or intoxicated driving can often lead to unfortunate situations because the driver is not able to keep control of the vehicle as they would while sober.

However, just because a driver was intoxicated while behind the wheel does not mean they are automatically responsible for the accident.

Proving Liability

It’s a mistake to assume the drunk driver is automatically liable for the accident. While it’s true that intoxicated drivers are more likely to cause car accidents, the facts of the case will still matter in your injury claim.

Driving under the influence of alcohol or drugs is a criminal matter, which means the police will investigate these incidents to see what happened. If you got injured in the accident, then you may file a personal injury claim.

However, it is important to remember that you are the one who has to prove liability to get compensation for your injuries. In most cases, these claims are resolved through the at-fault party’s insurance company, where you or your St. Louis car accident lawyer will have to present the facts and negotiate on the settlements. Just proving the other driver was intoxicated at the time won’t always help you win your case.

For instance, the intoxicated driver could simply be just another party caught in the collision. If the driver in front of them made a mistake (like suddenly stopping the vehicle without warning,) then the intoxicated driver may not be liable for damages, as they did not cause the collision. The police may still impose penalties because they were driving drunk.

Depending on the circumstances surrounding your case, you may have a bettter chance of getting compensated by filing a claim against the other driver that made the first mistake, than the intoxicated driver.

What You Need to Get Compensated

Though it is certainly the cause of many car accidents, driving while under the influence of alcohol or drugs does not automatically mean liability for damages. If you’ve been a victim of this kind of collision and want to file a personal injury claim, you should reach out to a St. Louis car accident attorney before making any decisions.

An experienced lawyer can look at your case and help you understand who the liable party is, and help you build a strong case against them. It’s possible for it to be the intoxicated driver, but it’s better to get the opinion of a lawyer before you file a claim and get denied. The lawyer can also advise if there are any other legal steps to take at this time to protect your right to compensation.