Drunk Driver Accident LawyersFor Missouri, Kansas, Oklahoma and Arkansas
Drunk driving accounts for nearly one-third of all traffic deaths in the United States. Impaired drivers killed close to 10,000 people and injured tens of thousands more nationwide in 2014. DUI accidents are horrifically devastating and completely preventable.
The attorneys at Bishop & Hayes, P.C. regularly represent victims of drunk driving claims. We are disheartened by the pain inflicted on family members and impassioned about helping them achieve justice against the drunk driver.
Our partners have dedicated almost one-half century of combined experience exclusively to auto accident recovery. We have extensive experience negotiating with insurance companies in complex DUI injury claims and in taking these claims to trial to secure the maximum possible judgment.
Criminal versus Civil Justice
Upon arrest, the drunk driver is liable under criminal and civil laws. Therefore, as the victim, you will likely be simultaneously involved in proceedings in both courts.
The defendant faces incarceration, probation, driver’s license suspension and fines if convicted in criminal court. The judge may also order restitution, but rarely enough to cover the substantial damages caused by the drunk driver.
In order to recover damages, you need to negotiate with your insurance company and file a claim in civil court. Your damages potential is much higher in a DUI case than other types of vehicular injury claims because you are entitled to punitive damages. Punitive damages are only awarded when the defendant’s conduct is egregious, and driving while intoxicated is considered egregious.
The standard for liability is the higher “beyond a reasonable doubt” in criminal court, while the standard in civil court is “by propensity of the evidence.” “By propensity of the evidence” means more likely than not, the evidence will establish liability on the part of the defendant. Since the standard is higher in criminal court, and thus harder to prove, the defendant might be acquitted in criminal court and yet still be liable in civil court for damages.
Guiding You Through the Justice System
We recognize how difficult drunk driving cases are on the victim. You did nothing wrong, and yet you bear the burden of multiple court proceedings. Not only are you trying to physically recover from your injuries and pursue the damages you deserve in civil court, but you might also be deposed or subpoenaed as a witness in the criminal trial.
Our lawyers are your advocates. We guide your through depositions, motions and trial to protect your rights as the victim of the drunk driver.
Evidence in a DUI Injury Claim
Our lawyers are skilled at presenting powerful evidence to build your DUI injury claim. We use much of the evidence gathered by the prosecutor, including breathalyzer results, blood alcohol concentration analysis, field sobriety tests, police cruiser dash cams, arresting officer testimony, law enforcement reports, eye witnesses and bar receipts, to prove your case.
Pursue Legal Action Against the Drunk Driver Responsible for Your Injuries
To learn more about pursuing compensation for your DUI injuries, schedule a free appointment with Bishop & Hayes, P.C. in one of our three offices. Our attorneys are licensed to handle auto accident claims in Missouri, Oklahoma, Kansas and Arkansas. We take your claim on contingency so you owe no attorneys’ fees unless we recover compensation for you.