Hit by a Drunk Driver in Kansas City?

Call 911 immediately. Report the crash and, if you suspect the other driver is intoxicated, tell the dispatcher. Signs of impairment include: the smell of alcohol, slurred speech, difficulty standing, bloodshot eyes, open containers in the vehicle, and erratic behavior.

Law enforcement will conduct a DUI investigation at the scene — field sobriety tests and possibly a breathalyzer or blood test. This evidence is critical for both the criminal prosecution and your civil injury claim.

Get medical attention right away, even if your injuries seem minor. In Kansas City, University Health (Truman Medical Center) at Hospital Hill is the Level I trauma center for the most severe injuries. Saint Luke's Hospital, Research Medical Center, North Kansas City Hospital, and Children's Mercy (pediatric) are also options. Impaired drivers tend to crash at higher speeds and fail to brake, so DUI crashes often cause more severe injuries than typical car accidents.

Photograph everything: both vehicles, the intersection or road, any visible injuries, and the general scene. If you can safely do so, also note and photograph anything suggesting the other driver was intoxicated: open alcohol containers in or near their vehicle, the driver's behavior, and any statements they make.

If the driver admits to drinking — "I only had a couple beers" or "I'm coming from a party" — write down exactly what they said. These admissions, combined with the police DUI investigation, build a powerful case.

Get witness names and phone numbers. Witnesses who can describe the driver's behavior and apparent impairment are extremely valuable in both the criminal proceeding and your civil claim.

Drunk driving accidents are different from ordinary car accidents in several important ways that benefit victims:

Fault is usually clear. When a driver is intoxicated, negligence is virtually established. A BAC of 0.08% or higher creates a strong presumption of impairment. Combined with the accident, it's very difficult for the drunk driver or their insurance company to deny fault.

Punitive damages may be available. In ordinary car accident cases, you receive compensatory damages (medical bills, lost wages, pain and suffering). In drunk driving cases, Missouri allows punitive damages — additional compensation intended to punish the driver for their outrageous conduct and deter others. Missouri has no statutory cap on punitive damages (unlike many other states). Punitive damages require clear and convincing evidence of outrageous conduct due to evil motive or reckless indifference (Mo. Rev. Stat. § 510.265). Driving drunk — especially at high BAC levels or with prior DUI convictions — often meets this standard.

A dram shop claim may exist. If the drunk driver was served alcohol at a bar, restaurant, or event venue while they were visibly intoxicated, the establishment may also be liable under Missouri's dram shop law (Mo. Rev. Stat. § 537.053). This adds another defendant with commercial insurance coverage — often carrying $1 million or more.

The responding officer will file a crash report and, if DUI is suspected, a separate DUI investigation report. Request copies of both through the KCPD Records Unit at (816) 234-5220 or through the relevant agency (MSHP for interstate crashes, suburban PDs for crashes in Independence, Lee's Summit, Blue Springs, Grandview, or other jurisdictions).

The drunk driver will likely face criminal charges — DWI in Missouri (Driving While Intoxicated, Mo. Rev. Stat. § 577.010). The criminal case is separate from your civil injury claim, but it generates valuable evidence: the BAC test result, the officer's observations, field sobriety test results, and potentially a criminal conviction or guilty plea.

Track the criminal case through the Jackson County Circuit Court or Missouri's CaseNet online system. A conviction or guilty plea in the criminal case can be powerful evidence in your civil claim — though even if criminal charges are dropped or the driver is acquitted, you can still pursue civil damages (the standard of proof is lower in civil court).

Missouri's dram shop law (Mo. Rev. Stat. § 537.053) holds bars, restaurants, liquor stores, and other alcohol sellers liable if they served a visibly intoxicated person and that service proximately caused injury to a third party. The law also covers serving alcohol to persons under 21.

Missouri's dram shop standard is more plaintiff-friendly than many states. Compare: Tennessee requires proof "beyond a reasonable doubt" that the server served an obviously intoxicated person. Florida's dram shop law only covers habitual addicts and minors. Missouri requires only that the person was "visibly intoxicated" — a lower and more practical standard.

If the drunk driver was coming from a Kansas City bar, restaurant, or entertainment venue — in Westport, the Power & Light District, 18th & Vine, the Country Club Plaza, Martini Corner on 39th Street, or any other establishment — a dram shop claim may add substantial value to your case.

Dram shop claims add a defendant with commercial insurance, often carrying $1 million or more in coverage. This can be especially important if the drunk driver's personal auto insurance limits are low (Missouri's minimum is just $25,000 per person).

Social host liability is limited in Missouri. Private individuals who serve alcohol to adult guests are generally not liable. However, social hosts may be liable for serving alcohol to minors.

Your attorney can investigate where the driver was drinking, obtain bar tabs, credit card receipts, and surveillance footage, interview bartenders and other patrons, and build the case that the driver was served while visibly intoxicated.

The drunk driver's insurance company knows the case carries higher value because of the DUI. They may try to settle quickly — before you've investigated the dram shop claim, before the criminal case resolves, and before you know the full extent of your injuries.

Do not accept an early offer. Drunk driving accident claims typically carry higher values because fault is clear, punitive damages may apply (potentially multiplying your award), a dram shop claim may add a second defendant with significant coverage, juries are unsympathetic to drunk drivers and tend to award higher damages, and DUI crashes often cause more severe injuries.

Statute of limitations: Under Mo. Rev. Stat. § 516.120(4), you have five years to file a personal injury lawsuit in Missouri. For wrongful death, the deadline is three years (Mo. Rev. Stat. § 537.100). The dram shop claim follows the same deadline. (Note: HB 68, proposed legislation to reduce the PI deadline to two years, passed the House in 2025 but did not become law. Verify the current deadline with an attorney.)

Pure comparative fault: Mo. Rev. Stat. § 537.765. Even if the drunk driver's insurance argues you were partially at fault (for example, for speeding), your damages are reduced by your fault percentage but never barred. Missouri has no threshold that eliminates your claim, unlike Kansas's 50% bar.

Punitive damages: Mo. Rev. Stat. § 510.265. Requires clear and convincing evidence of outrageous conduct. Missouri has no statutory cap on punitive damages — making Missouri one of the most favorable states for DUI injury victims.

At-fault state: Missouri is an at-fault state with no PIP or no-fault system. The at-fault driver's liability insurance pays. Minimum coverage is 25/50/25. UM coverage is required unless rejected in writing (Mo. Rev. Stat. § 379.203).

Drunk driving injury cases are more complex than standard car accidents. They involve multiple potential defendants (driver and the establishment that served them), punitive damages analysis, coordination with the criminal case, and higher stakes. An experienced attorney can pursue all available avenues of compensation simultaneously and maximize the total value of your claim.

Most personal injury attorneys work on contingency — you pay nothing unless they recover compensation for you. The initial consultation is free.

State line note: If the DUI crash occurred on the Kansas side of the metro, Kansas law applies. Kansas has a different dram shop framework, a 2-year statute of limitations, and a 50% comparative fault bar — all less favorable than Missouri law. Verify which state's law applies with an attorney.