Hit by a Drunk Driver in St. Louis?

Call 911 immediately. Tell the dispatcher you suspect the other driver is intoxicated — signs include the smell of alcohol, slurred speech, difficulty standing, bloodshot eyes, open containers in the vehicle, and erratic behavior before or after the crash. This ensures police respond prepared to conduct a DUI investigation at the scene.

Law enforcement will administer field sobriety tests and potentially a breathalyzer or blood draw. Under Missouri's implied consent law (Mo. Rev. Stat. § 577.020), any driver on Missouri roads has consented to chemical testing when arrested for DWI. Refusing the test triggers an automatic one-year license revocation. A BAC result of 0.08% or higher proves the driver was violating the law — that evidence is nearly impossible for any insurance company to dispute.

Get yourself to a hospital. Barnes-Jewish Hospital at 1 Barnes Jewish Hospital Plaza is St. Louis's premier Level I trauma center. SSM Health Saint Louis University Hospital at 1201 South Grand Boulevard is a second Level I trauma center. Mercy Hospital St. Louis at 615 South New Ballas Road handles trauma cases in St. Louis County. Drunk driving crashes tend to be high-speed, high-impact collisions because impaired drivers often fail to brake or swerve before impact. Don't wait to see how you feel — get checked now.

When officers arrive, give them a complete account. If you saw the other driver swerving across lanes, running a red light, driving the wrong way, drifting off the road, or failing to stop at a sign before the collision, say so. If you smelled alcohol when you interacted with the driver or saw open containers in or around their vehicle, say that too. Every detail goes into the police report and becomes evidence in your civil claim.

The officers will handle the DWI investigation: field sobriety tests, a breathalyzer or blood draw, and potentially an arrest. Missouri distinguishes between DWI (Driving While Intoxicated — BAC of 0.08% or higher) and lesser impairment charges. Any level of impairment that contributed to the crash creates civil liability.

SLMPD handles DWI crashes within St. Louis City limits. St. Louis County Police and municipal departments handle crashes in the county. The Missouri State Highway Patrol handles crashes on state highways including I-70, I-64, I-44, and I-55. The Missouri Highway Patrol conducted 48 DWI saturation patrols across the state in 2024, resulting in 883 traffic citations and 124 impairment arrests. SLMPD doubled its joint traffic operations with the Highway Patrol in 2024, issuing approximately 27,000 traffic tickets. Despite these enforcement efforts, impaired driving remains a leading contributor to traffic deaths in Missouri.

If you're physically able, photograph everything. Both vehicles, the intersection or stretch of road, traffic signals, skid marks, debris, and your visible injuries. If there are beer cans, bottles, or open containers in or around the other driver's vehicle, photograph them from a safe distance. Do not touch anything in the other vehicle.

Get the other driver's name, insurance information, and license plate number. Get names and phone numbers from witnesses. In the chaos after a crash, people leave quickly — grab their contact information before they go. Witnesses who can describe the driver's behavior and apparent impairment are extremely valuable in both the criminal proceeding and your civil claim.

Keep photographing your injuries over the following days and weeks. Bruising deepens, surgical incisions scar, and casts and braces tell a visual story that medical records alone don't capture. Save every medical bill, pharmacy receipt, and record of missed work. Even in a drunk driving case where fault seems clear, the insurance company will argue about the extent of your injuries and damages.

Drunk driving accidents carry higher value than ordinary car accidents for several important reasons that benefit you as the victim.

Fault is usually clear. When a driver is intoxicated, negligence is virtually established. A BAC of 0.08% or higher proves the driver was breaking the law. Combined with the crash, it becomes very difficult for the drunk driver or their insurance company to deny responsibility.

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 outrageous conduct and deter others. Missouri has no statutory cap on punitive damages (Mo. Rev. Stat. § 510.265). Punitive damages require clear and convincing evidence of outrageous conduct due to evil motive or reckless indifference. Driving drunk — especially at high BAC levels, with prior DWI convictions, or involving extreme recklessness — 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 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 DWI is suspected, a separate DWI investigation report. For crashes in St. Louis City, request copies through the SLMPD Records Service Center at 1915 Olive Street, 1st Floor, St. Louis, MO 63103, phone (314) 444-5551. Fee is $6 to $10. For crashes in St. Louis County, contact the relevant municipal department or St. Louis County Police. For crashes on state highways, request reports through the Missouri State Highway Patrol or the LexisNexis BuyCrash portal.

The drunk driver will likely face criminal DWI charges under Mo. Rev. Stat. § 577.010. The criminal case is separate from your civil injury claim, but it generates critical 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 Missouri's CaseNet online system. For St. Louis City cases, the 22nd Judicial Circuit handles criminal proceedings. For St. Louis County cases, the 21st Judicial Circuit in Clayton has jurisdiction. 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 civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).

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. 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 came from a St. Louis bar, restaurant, or entertainment venue — in Soulard, The Grove, Washington Avenue, Laclede's Landing, the Central West End, Cherokee Street, the Delmar Loop, or any other establishment — a dram shop claim may add substantial value to your case. Soulard in particular sees elevated DWI-related crashes, especially around Mardi Gras celebrations, St. Patrick's Day festivities, and weekend nightlife. A pedestrian was struck and killed near Gravois Avenue and Russell Boulevard at 1:37 a.m. on St. Patrick's Day 2024, blocks from popular Soulard bars.

Dram shop claims add a defendant with commercial insurance, often carrying $1 million or more in coverage. This is especially important when 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, but 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. Time is critical — most bar surveillance systems overwrite footage within 30 to 90 days.

Statute of limitations: Under Mo. Rev. Stat. § 516.120, you have five years to file a personal injury lawsuit in Missouri. For wrongful death resulting from a drunk driving crash, the deadline is three years from the date of death (Mo. Rev. Stat. § 537.100). The dram shop claim follows the same five-year deadline.

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 or not wearing a seatbelt — your damages are reduced by your fault percentage but never barred. Missouri has no threshold that eliminates your claim. In drunk driving cases, the impaired driver almost always bears the vast majority of fault.

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.

Government claims: If the crash occurred on a government-maintained road and a road defect contributed — such as a malfunctioning traffic signal, missing signage, or inadequate lighting — a 90-day notice may be required under Mo. Rev. Stat. § 537.600. St. Louis City is an independent city, so government claims must be directed to the correct entity — the City of St. Louis, not St. Louis County.

UM/UIM coverage: Missouri requires insurers to offer uninsured/underinsured motorist coverage (Mo. Rev. Stat. § 379.203). If the drunk driver has no insurance or inadequate coverage, your own UM/UIM policy fills the gap. Approximately 20.7% of Missouri drivers are uninsured — well above the national average.

Drunk driving injury cases are more complex than standard car accidents. They involve multiple potential defendants — the 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.

St. Louis City is an independent city — not part of St. Louis County. Your case will be filed in the 22nd Judicial Circuit (city) or the 21st Judicial Circuit in Clayton (county) depending on where the crash happened. An experienced St. Louis attorney will know the correct jurisdiction and how to navigate both court systems.

Most personal injury attorneys work on contingency — you pay nothing unless they recover compensation for you. The initial consultation is free. Given the complexity of drunk driving cases and the potential for punitive damages and dram shop claims, professional representation can make a significant difference in the outcome.