Hit by a Drunk Driver in St. Louis: Your Civil Claim and Legal Rights

Call 911 immediately. Tell the dispatcher you suspect the other driver is intoxicated — describe any signs you observed: slurred speech, the smell of alcohol, bloodshot eyes, difficulty standing or walking, open containers in the vehicle, or erratic behavior. This information prompts police to conduct field sobriety tests and a breathalyzer or blood draw at the scene.

The police response to a suspected DUI crash is more thorough than a standard accident report. Officers will document signs of impairment, administer standardized field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus), and request a chemical test for blood alcohol concentration (BAC). Missouri's legal limit is 0.08% BAC (Mo. Rev. Stat. §577.012). A BAC result above 0.08% creates strong evidence for your civil claim.

In St. Louis City, SLMPD handles DUI crash investigations. On highways, the Missouri State Highway Patrol responds. In St. Louis County, county police or municipal departments investigate. Get the responding officer's name, badge number, and the crash report number. The criminal DUI investigation generates evidence — BAC results, field sobriety test observations, officer testimony — that directly supports your civil injury claim.

The criminal DUI/DWI case is prosecuted by the state of Missouri. Its purpose is to punish the drunk driver with fines, license suspension, and potential jail time. You are a witness in the criminal case, not a party — the criminal case does not compensate you for your injuries. Your civil injury claim is a separate action you file to recover money for your medical bills, lost wages, pain and suffering, and other damages.

A criminal DUI conviction helps your civil case significantly because it establishes that the driver was intoxicated. Many DUI cases result in plea bargains to reduced charges, which may be less useful as evidence. Even if the driver is acquitted of criminal charges, you can still win your civil case because the burden of proof is lower — preponderance of the evidence (more likely than not) in civil court versus beyond a reasonable doubt in criminal court.

Do not wait for the criminal case to resolve before pursuing your civil claim. Criminal DUI cases can take months or years to work through the court system. Your civil claim has its own timeline, and gathering evidence early — while memories are fresh and records are available — strengthens your position.

Missouri allows punitive damages when the defendant's conduct shows complete indifference to or conscious disregard for the safety of others. Drunk driving is one of the clearest examples of conduct that warrants punitive damages. A person who chooses to drive after drinking heavily has made a conscious decision that puts everyone on the road at risk.

Punitive damages are separate from compensatory damages (medical bills, lost wages, pain and suffering). They are designed to punish the wrongdoer and deter similar behavior. There is no fixed formula — the amount depends on the severity of the driver's conduct, their BAC level, whether they have prior DUI convictions, and their financial situation. Missouri courts have upheld significant punitive damage awards in drunk driving cases.

To recover punitive damages, you must prove by clear and convincing evidence that the driver acted with willful, wanton, or malicious conduct. A BAC well above the legal limit, prior DUI convictions, or extreme behavior (driving the wrong way on I-70, running a red light at high speed while intoxicated) strengthens a punitive damages claim.

Missouri's dram shop statute (Mo. Rev. Stat. §537.053) holds alcohol sellers liable when they serve a visibly intoxicated person or a minor who then causes injury to someone else. If the drunk driver was drinking at a St. Louis bar, restaurant, or event before the crash, the establishment that served them may share financial liability for your injuries.

St. Louis has a dense concentration of bars and entertainment districts where dram shop liability may apply — Soulard, the Central West End, the Delmar Loop, Washington Avenue downtown, the Grove, Cherokee Street, and Laclede's Landing all have numerous establishments serving alcohol. If the drunk driver came from one of these areas, investigation into where they were drinking and how much they were served can uncover dram shop claims.

Dram shop claims require evidence that the establishment served the person while they were visibly intoxicated. Credit card receipts, bar tabs, surveillance footage, bartender and server testimony, and social media posts can establish where the driver was drinking and how much they consumed. An attorney can subpoena these records before they are destroyed. Dram shop claims add a potentially well-insured defendant to your case — restaurants and bars carry commercial liability insurance.

Drunk driving crashes tend to cause severe injuries because impaired drivers often fail to brake before impact, hit at full speed, and strike at unusual angles. Common injuries include traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, and facial trauma. See a doctor immediately — call 911 from the scene if you have any injuries.

For serious injuries, St. Louis has Level I trauma centers at Barnes-Jewish Hospital (BJC) and SSM Health St. Louis University Hospital. Both are equipped for the severe trauma that high-speed drunk driving crashes produce. For less severe injuries, see your primary care doctor or visit an urgent care clinic within 24 hours.

Document every medical expense, every appointment, and every day of work missed. Drunk driving claims involving punitive damages and dram shop liability tend to be higher-value cases, and thorough documentation of your actual damages is essential to maximizing your total recovery.

Your total recovery in a drunk driving case can include: compensatory damages (medical bills, future medical costs, lost wages, lost earning capacity, pain and suffering, emotional distress, loss of enjoyment of life), punitive damages (punishment for the drunk driver's reckless conduct), and dram shop damages (from the establishment that served the intoxicated driver). This multi-source recovery can substantially exceed what a standard car accident claim would yield.

Gather all available evidence: the police crash report, BAC test results, field sobriety test observations, the criminal case file, medical records, employment records showing lost wages, and any evidence about where the driver was drinking before the crash. An attorney experienced in drunk driving cases can coordinate the civil and criminal proceedings and investigate dram shop liability simultaneously.

Ready to understand your options after being hit by a drunk driver in St. Louis? Take our free 2-minute assessment. We will evaluate your case for compensatory damages, punitive damages, and dram shop liability, and connect you with a St. Louis-area attorney experienced in drunk driving victim claims. The assessment is free and confidential.