Drunk driving crashes are different from most other collisions. If you were hurt by an impaired driver, an experienced St. Louis DUI accident lawyer can help you pursue the compensation you deserve. The driver who hit you made a choice. They decided to get behind the wheel impaired, and that decision changed your life. The injuries are often serious. The financial pressure is real. And the legal process that follows can feel overwhelming, especially when you are still trying to recover physically.
Holland Injury Law, LLC represents people injured in DUI-related accidents in St. Louis and throughout Missouri. Our attorneys understand how these cases work, what evidence matters, and how insurance companies respond when a driver was impaired at the time of the crash. If you or someone you love was hurt by a drunk or drugged driver, we are here to help you understand your options and protect your right to pursue fair compensation.
A DUI accident is a crash caused by a driver who was operating a vehicle while impaired by alcohol, drugs, or a combination of both. DUI stands for “driving under the influence.” In Missouri, the legal limit for blood alcohol concentration (BAC) is 0.08 percent for most drivers, though impairment can occur at lower levels.
Alcohol is the most commonly associated substance, but impairment also includes prescription medications, marijuana, and illegal drugs. Impaired driving is not limited to alcohol use. It also consists of drugs, including prescription medications, and physical impairments such as drowsy driving.
What makes a DUI accident legally distinct from a standard car accident is the nature of the conduct involved. A driver who runs a red light because they were distracted may be negligent (meaning careless). A driver who chose to operate a vehicle while intoxicated may be considered reckless. That distinction matters significantly in civil court and can affect the type and amount of compensation available to injured victims.
These cases tend to involve more moving parts than a typical motor vehicle accident claim. Understanding why helps you prepare for what lies ahead.
Two separate legal systems are involved. When a drunk driver causes a crash in St. Louis, the state may pursue criminal charges through the Circuit Attorney’s Office or a county prosecutor. At the same time, you have the right to pursue a separate civil claim for compensation. Criminal cases are meant to punish drunk drivers, deter future drunk driving, and keep dangerous people off the roads. Civil cases are meant to compensate you for your damages. These two proceedings run on different timelines and operate under different rules.
Evidence from the criminal case can help yours. A DUI arrest, a failed breathalyzer, or a conviction can all serve as powerful evidence in a civil injury claim. Even if charges are reduced, police reports, test results, and witness statements still support your civil claim. And if the driver was never charged or beat the criminal case, that does not necessarily prevent you from succeeding in civil court. The burden of proof is lower in civil court than it is in criminal court. While prosecutors must prove a drunk driver’s guilt beyond a reasonable doubt, you only need to show by a preponderance of the evidence that it is more likely than not that the accident was the drunk driver’s fault.
Insurance disputes still happen. Even when fault seems obvious, the at-fault driver’s insurer may challenge the extent of your injuries, dispute liability, or offer a settlement that falls well short of your actual losses. The presence of criminal charges does not guarantee that the insurance company will cooperate.
Punitive damages may be available. In standard negligence cases, courts generally award compensatory damages (meaning money to cover your actual losses). In DUI accident cases, courts in Missouri may also consider punitive damages, also called exemplary damages, which are designed to punish the driver for reckless conduct and deter similar behavior in the future. Victims of drunk driving accidents in Missouri can recover punitive damages, but the legal standard is exceptionally high. Unlike compensatory damages that cover your medical bills and lost wages, punitive damages are meant to punish the drunk driver. To succeed, your attorney must prove with clear and convincing evidence that the driver’s conduct showed “complete indifference to” or “conscious disregard for” the safety of others.
Impaired driving remains a serious problem across Missouri, and the St. Louis area is no exception. Impaired driving accounts for 18% of the traffic fatalities in Missouri.
More than 7,000 crashes occur on Missouri roadways each year due to impaired drivers. Alcohol impairment alone led to 121 fatal crashes and caused injuries to nearly 2,600 people.
Of all the counties in Missouri, the highest percentage of alcohol-impaired driver traffic crashes is reported in St. Louis City, St. Louis County, and St. Charles County, among others. That concentration reflects the volume of traffic on major corridors like Interstate 44, Interstate 70, and Highway 40 (Interstate 64), as well as the density of entertainment districts throughout the city.
In 2023, alcohol-related fatalities slightly decreased, but drug-related fatalities have steadily increased over the last 10 years. That trend matters to injury victims because impairment claims are no longer limited to alcohol. Toxicology results, prescription drug records, and other evidence may all become relevant depending on how the crash occurred.
Alcohol and drugs affect the brain and body in ways that make driving genuinely dangerous. When someone gets behind the wheel under the influence, their reaction times slow, their judgment is impaired, and their ability to control their vehicle diminishes. These dangerous conditions increase the likelihood of severe accidents, leaving innocent people to deal with the aftermath.
Some of the most common ways impairment contributes to crashes include:
The injuries that result from drunk driving crashes tend to be severe. Because impaired drivers often fail to brake or take evasive action before impact, collisions frequently occur at full speed. The force involved can cause injuries that affect victims for months, years, or the rest of their lives.
Traumatic brain injuries (TBI). A TBI occurs when a blow or jolt to the head disrupts normal brain function. Symptoms range from concussion to permanent cognitive impairment. TBIs are among the most difficult injuries to fully document and quantify in terms of long-term impact.
Spinal cord injuries. Damage to the spinal cord can result in partial or complete paralysis. These injuries often require extensive rehabilitation and may permanently limit a person’s ability to work or live independently.
Broken bones and fractures. High-impact crashes frequently cause fractures to the arms, legs, ribs, pelvis, and facial bones. Some fractures heal fully; others require surgery, hardware, and prolonged recovery.
Internal injuries. Organ damage, internal bleeding, and ruptured spleens or livers may not be immediately visible but can be life-threatening. These injuries are one reason why prompt medical evaluation after any crash is so important.
Wrongful death. When a loved one does not survive a drunk driving crash, the family may have the right to pursue a wrongful death claim. Missouri law generally allows surviving family members to seek compensation for medical expenses incurred before death, funeral costs, loss of financial support, and loss of companionship. If your family is facing this kind of loss, our wrongful death attorneys can help you understand your options.
The steps you take in the hours and days after a crash can have a meaningful effect on your claim. This is not a situation where waiting and seeing how things unfold tends to work in your favor.
Call 911 immediately. A police report is one of the most important pieces of evidence in a DUI accident case. Law enforcement officers are trained to observe signs of impairment, and their notes, along with any field sobriety test results, become part of the official record.
Seek medical attention right away. Even if you feel relatively okay at the scene, some injuries do not present symptoms immediately. Getting evaluated at a facility like Barnes-Jewish Hospital, Mercy Hospital St. Louis, or SSM Health Saint Louis University Hospital creates a medical record that documents your condition close to the time of the crash.
Make sure impairment is documented. If you observe signs that the other driver may be intoxicated, tell the responding officers. Note anything you see or smell. The sooner law enforcement documents suspected impairment, the stronger that evidence becomes.
Gather what you can at the scene. If you are physically able, photograph the vehicles, the road, any skid marks, and the surrounding area. Collect contact information from witnesses. Bystander accounts can become critical when the driver’s level of impairment is disputed.
Do not speak with the other driver’s insurance company. Insurance adjusters may contact you quickly after the crash. They may seem helpful, but their goal is to resolve your claim for as little as possible. The at-fault driver’s insurance provider may try to offer a quick settlement in hopes that you’ll accept before you understand the full extent of your injuries. Anything you say can be used to minimize your claim.
Contact a personal injury lawyer. The earlier you involve an attorney, the better positioned you are to preserve evidence, meet critical deadlines, and respond to insurance tactics from a position of knowledge rather than uncertainty.
Liability means legal responsibility. In a DUI accident claim, proving that the impaired driver caused the crash and your resulting injuries is the foundation of your case. The evidence that supports that proof can come from several sources.
One thing many people overlook is the driver’s activity before the crash. Evidence of where the driver was drinking, how long they were there, and how much they consumed can all play a role in building a complete picture of what happened. In some cases, this may also raise questions about third-party liability, such as whether an establishment continued serving someone who was visibly impaired.
Missouri law allows injured victims to pursue two broad categories of compensation in a civil claim: compensatory damages and, in appropriate cases, punitive damages.
Compensatory damages are intended to make you financially whole. They cover both economic and non-economic losses.
Economic damages may include:
Non-economic damages may include:
Punitive damages go beyond covering your losses. One difference between drunk driving lawsuits and typical personal injury claims is that a plaintiff can often seek punitive damages. While actual or compensatory damages are intended to compensate you for your injuries and related expenses, punitive damages are generally awarded to punish the defendant for extreme misconduct, deter future misconduct, and set a public example. Typically, you could seek punitive damages in drunk driving cases because the driver showed a deliberate disregard for your safety.
It is worth noting that under Missouri law, half of the punitive damages you are awarded will go to the state’s Tort Victims’ Compensation Fund. Even so, punitive awards can meaningfully increase total recovery in cases involving serious recklessness.
No attorney can promise a specific outcome or dollar amount. The value of any claim depends on the specific facts, the severity of injuries, the available evidence, and decisions made by insurers, judges, or juries.
When you contact our St. Louis law office, we start by listening. We want to understand what happened, how your life has been affected, and what questions you have. From there, we work to build a case that reflects the full scope of your losses. You can review our case results to see outcomes we have secured for injured clients.
Our attorneys handle DUI accident cases on a contingency fee basis, which means you pay no upfront legal fees. We only receive a fee if we recover compensation on your behalf. That structure allows injured people to access experienced legal representation without worrying about the cost of getting started.
What our law firm does in these cases includes:
Cases involving catastrophic injuries, such as spinal cord damage or traumatic brain injuries, require particularly thorough documentation of long-term needs. We take those cases seriously and pursue the full picture of what you may face going forward.
Some people assume that because the other driver was arrested or charged, the legal process will take care of itself. That assumption can be costly.
Insurance companies often try to settle drunk driving claims quickly and cheaply. An early offer may seem appealing when you are dealing with medical bills and missed work, but accepting before your injuries are fully understood can leave you without recourse for future expenses.
Early involvement by an attorney helps in several ways. Evidence is preserved before it is lost or destroyed. Witnesses are contacted while their memories are fresh. Medical records are organized to support the full scope of your claim. And you are positioned to respond to insurance tactics from an informed place rather than a reactive one.
While a years-long statute of limitations may seem like plenty of time, it is important to file a personal injury claim as soon as possible after the accident. Promptly filing a claim is critical to ensure you gather all available evidence from the accident scene. The more time your attorney has to build a case, the fresher the evidence you will be able to collect and the stronger your case will be.
Cases involving DUI accidents often go through the St. Louis City Circuit Court or St. Louis County Circuit Court depending on where the crash occurred. Familiarity with local court procedures, judges, and the broader legal environment in the St. Louis metro area can make a practical difference in how a case is handled.
Missouri law sets a deadline, known as a statute of limitations, for filing personal injury claims in civil court. Missouri’s personal injury statutes of limitations for auto accidents follow that of negligence claims: car and truck accidents carry a five-year deadline from the date of the accident.
Wrongful death claims carry a three-year statute of limitations.
Five years may sound like a long time, but waiting carries real risks. Evidence degrades. Witnesses become harder to locate. And certain procedural steps have their own internal timelines that do not align with the outer filing deadline.
The statute of limitations in your civil DUI injury case may be tolled if the drunk driver is charged with a crime. Your case will be put on hold until the criminal drunk driving charges against the driver are resolved. However, you must still have filed your claim on time to preserve your right to seek damages.
Because the interaction between criminal proceedings and civil filing deadlines can be complex, speaking with an attorney early is the most reliable way to protect your rights.
Yes. A criminal charge or conviction is not required for you to pursue a civil injury claim, though it can strengthen your case. Criminal charges and civil lawsuits are separate legal matters. While a DUI charge or conviction could support a car accident injury claim, criminal proceedings are not required for you to sue the drunk driver in civil court.
Case value depends on the nature and severity of the injury, the cost of past and future medical care, the impact on earning capacity, and the extent of pain and suffering. Cases involving permanent paralysis, severe brain injury, or loss of limbs can involve damages in the millions of dollars when long-term care costs and lost earnings are fully accounted for. No attorney can ethically promise a specific outcome, but a thorough evaluation of the facts can give you a realistic picture of what your claim may involve.
You are not legally required to hire an attorney. That said, catastrophic injury cases involve complex medical evidence, large damages calculations, and well-resourced opposition. Insurance companies in these cases are not neutral parties. They have adjusters, investigators, and defense attorneys working to minimize the payout. Having experienced legal representation on your side changes the dynamic of that process significantly.
Yes. If your injury occurred in Illinois, including in Metro East communities such as Belleville, Edwardsville, or O’Fallon, Illinois law governs your claim. Holland Injury Law, LLC handles cases on both sides of the river. The applicable filing deadlines, fault rules, and procedural requirements differ between Missouri and Illinois, which is why having attorneys familiar with both states matters.
In Missouri, partial fault reduces your recovery but does not eliminate it. In Illinois, your recovery is reduced proportionally as long as your share of fault is less than 51 percent. In either state, insurance companies often try to assign more fault to the injured party than the evidence supports. An attorney can challenge those fault assignments and work to protect the value of your claim.
Generally, you could still recover damages even if you weren’t wearing a helmet. The absence of a helmet doesn’t block a claim on its own. Missouri uses a pure comparative fault system, meaning your compensation may be reduced by your percentage of fault. Illinois uses a modified comparative negligence system, so you may recover as long as you’re not more than 50% at fault. Other factors, like the ATV and property conditions and the driver’s actions, also contribute to the ultimate liability determination. The skill and experience of your attorney are also important.
Holland Injury Law, LLC represents catastrophic injury clients throughout the greater St. Louis region. Our service area includes:
We understand the roads, the courts, and the local medical institutions that are relevant to serious injury cases in this region. Whether your injury occurred on a highway interchange near downtown St. Louis, at a worksite in the Metro East, or in a neighborhood in South City or West County, we are prepared to evaluate your case and discuss your options.
Consultations are at no cost to you, and we work on a contingency fee basis. You pay no attorney fees unless we recover compensation on your behalf.
If you or a family member has suffered a catastrophic injury, contact Holland Injury Law, LLC, today to speak with an attorney about your situation.
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