If a drunk driver hurt you or killed someone you love in St. Louis, Missouri law generally lets you seek compensation through a civil claim that is separate from the criminal DWI case. Any share of fault you carry reduces the claim but does not bar it.
What to do now:
- Keep every record. Save medical papers, bills, and crash photos.
- Skip the recorded statement. You usually don’t owe one to the drunk driver’s insurer.
- Protect your deadline. Most Missouri injury suits must be filed within 5 years, and wrongful death suits within 3 years.
Christopher R. Dixon, a St. Louis-born trial lawyer recognized by Super Lawyers®, has recovered more than $60 million for injured clients and their families.
Call 314-208-2808 to discuss your case. You pay no fee unless we win.
Key Takeaways
- Missouri gives injured people 5 years to file most personal injury lawsuits under RSMo § 516.120. Families generally have 3 years to file a wrongful death claim under Mo. Rev. Stat. § 537.100.
- Missouri follows pure comparative fault under Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983). Your damages shrink by your percentage of fault, even above 50%, but you aren’t barred from recovering.
- The criminal DWI case and your civil injury claim are separate. The prosecutor controls the first one, and you control the second.
- Missouri’s minimum auto liability coverage is 25/50/25. A drunk driver’s policy may not come close to covering a serious injury, so your own uninsured or underinsured motorist coverage can matter.
- Punitive damages may be available against a drunk driver only in limited circumstances, under a higher standard than ordinary negligence. A DWI arrest doesn’t make them automatic.
On This Page:
- What waiting costs
- How we build your claim
- Criminal case vs. civil claim
- Punitive damages
- Other responsible parties
- Low or no insurance
- Passengers and shared fault
- Compensation you can recover
- Wrongful death claims
- St. Louis area courts
- What happens when you call
- Talk with an attorney
- Frequently asked questions
What Waiting Costs After a Drunk Driving Crash in St. Louis
A drunk driving injury claim decides who pays for the surgery, the months away from work, and the care you may still need years from now. For a family that lost someone, it decides how the household absorbs that loss. Those stakes don’t pause while you heal.
Missouri gives most injured people 5 years to file a personal injury lawsuit under RSMo § 516.120, while families generally have 3 years to file a wrongful death claim under § 537.100. Case-specific circumstances can affect when that clock starts or stops. Confirm your date early instead of assuming it.
But there’s a catch. Evidence can disappear long before any filing deadline arrives.
- Video: Business and traffic camera footage can be overwritten.
- Vehicles: Cars get repaired, salvaged, or crushed, and any stored event data goes with them.
- Witnesses: People move, change phone numbers, and forget what they saw.
- The driver’s night: Records showing where the driver was before the crash may get harder to trace as time passes.
If a city vehicle, public bus, or other government driver was involved, separate notice and immunity questions may apply. Those need attention right away, not in year four.
| Claim type | Filing deadline | Missouri authority | What to confirm early |
|---|---|---|---|
| Personal injury | 5 years | Mo. Rev. Stat. § 516.120 | Case-specific facts can affect when the clock starts or stops |
| Property damage (your vehicle) | 5 years | Mo. Rev. Stat. § 516.120 | Photos, repair estimates, and event data before the car is fixed or salvaged |
| Wrongful death | 3 years | Mo. Rev. Stat. § 537.100 | Who has the right to file under the priority order in § 537.080 |
How We Build a Drunk Driving Injury Claim, Step by Step
Drunk driving claims follow the same core rules as any St. Louis car accident claim. What changes is where the fight happens.
Key insight: Many people assume a drunk driving case is easy because fault seems obvious. When intoxication is documented, an insurer may have less room to dispute who caused the crash, so its attention can shift to your injuries, your medical history, and how much coverage actually exists.
That’s why our approach, the Dixon Impact-to-Recovery Framework, treats a strong fault picture as the starting point. It isn’t the finish line. Here is how its six steps apply to a drunk driving crash.
Step 1: Lock Down What Happened
We start with the proof that still exists and how long it will last. That means the police report, scene photos, 911 records, witness accounts, vehicle damage, and any stored vehicle data. In a DWI crash, arrest records and test information from the criminal file can matter too, once they become available.
Where video or vehicle data may exist, preservation requests go out promptly. Our knowledge of St. Louis traffic patterns helps us figure out where cameras or witnesses are likely to be. If accounts conflict about speed or sequence, we weigh whether a reconstruction expert is warranted.
Step 2: Identify Every Responsible Party
Missouri requires every driver to “exercise the highest degree of care” under RSMo § 304.012. That standard applies to the drunk driver, any other driver, and you. We test how fault may be divided among drivers, employers, vehicle owners, commercial operators, and any vehicle defect. If a public entity may be involved, we check immunity and notice questions immediately.
Step 3: Connect Each Injury to the Crash
Insurers often argue that an injury came from an older condition, a later event, or a gap in treatment. We review emergency records, imaging, follow-up care, and prior medical history. Where you had a pre-existing condition, we examine whether the crash made it worse.
Step 4: Measure Today’s and Tomorrow’s Losses
A claim valued only on current bills can miss future care, lost earning capacity, and lasting limits on daily life. As a trial lawyer with a finance background, Christopher R. Dixon builds cases around the long-term economic effects of serious injury. Robert J. Burke, whose finance background shapes how he analyzes complex economic losses, works through wage history, benefits, and projected costs on the same files.
If you’re still treating, valuation may wait for a clearer medical picture. That wait is always balanced against the filing deadline.
Step 5: Find Every Source of Coverage
What can realistically be collected often depends on insurance. We look at the drunk driver’s liability policy, any employer or commercial policy, umbrella coverage, and your own uninsured or underinsured motorist coverage. Greg Motil‘s defense-side experience gives him insight into how insurance carriers evaluate claims, which helps us anticipate how a carrier will look at yours. We also check notice and cooperation conditions early, so no coverage source is put at risk.
Step 6: Choose Between Negotiating and Filing Suit
A documented demand may resolve the claim. Its strength depends on whether the evidence would hold up at trial. Christopher R. Dixon gained courtroom experience with the St. Louis City Circuit Attorney’s Office during law school, and he is recognized among the Top 100 Trial Lawyers, The National Trial Lawyers. Those experiences shape how we assess trial proof, though neither predicts any outcome.
If an offer reflects the documented liability, damages, and coverage, settling may serve you best. If the carrier undervalues the claim, filing suit and moving into discovery may be stronger. And if the deadline approaches while talks continue, we file suit to protect the claim.
Not sure which step your case needs first? Call 314-208-2808 and have your crash report number and any insurance letters nearby. You can discuss your case directly with us, and you pay nothing unless we recover for you.
How Is a DWI Criminal Case Different From Your Injury Claim?
In Missouri, a drunk driving arrest starts a criminal case brought by the State, while your injury claim is a separate civil case that you control. The criminal case can punish the driver, but full compensation for your medical bills, lost income, and pain is pursued through the civil claim. A criminal court may order some restitution in certain cases. It isn’t designed to value future care or lost earning capacity.
DWI stands for “driving while intoxicated.” It’s Missouri’s term for what many people call DUI, so you’ll see both words used for the same conduct.
| Question | Criminal DWI case | Civil injury claim |
|---|---|---|
| Who brings it? | The State of Missouri, through the prosecutor | You, or your family in a wrongful death case |
| What’s the goal? | Punishing the driver and protecting the public | Compensating you for your losses |
| Proof standard | Beyond a reasonable doubt | More likely true than not |
| Who decides on a plea or settlement? | The prosecutor and the defendant | You, with advice from your attorney |
| Your role | Victim and possible witness | The party seeking compensation |
| Effect of the other case | A civil settlement doesn’t end the prosecution | An acquittal doesn’t end your claim, and a conviction may be usable as evidence |
Do you have to wait for the criminal case to finish?
No. Your civil filing deadline runs on its own schedule, whatever happens in criminal court. Here’s why that matters. A criminal case can take a long time, and witnesses and video don’t wait for it.
We coordinate with the criminal timeline instead of sitting behind it. Some records may become easier to get as the prosecution moves forward. Meanwhile, the civil investigation, medical documentation, and insurance work can proceed.
Can You Get Punitive Damages From a Drunk Driver in Missouri?
Punitive damages are money a court may award to punish especially wrongful conduct and discourage others from repeating it. They are separate from damages that repay your actual losses. Under Missouri law, punitive damages are available only in limited circumstances, and the proof standard is much higher than the standard for ordinary negligence.
That means punitive damages are never automatic in a Missouri drunk driving case. A DWI arrest alone doesn’t establish them. The rules on when and how they can be requested are strict, and whether a claim qualifies depends on current Missouri statutes and the specific evidence.
What kind of evidence might matter? Proof about what the driver knew and chose before getting behind the wheel. Witness accounts, receipts, and conduct before the crash can all bear on that question.
Most people miss this part. Winning punitive damages and collecting them are two different problems. Whether a liability policy pays them depends on the policy language and Missouri law. We check that before building any strategy around them.
Our approach is to build the compensatory claim first, because it covers your medical care, lost income, and pain. We evaluate punitive damages case by case, where the facts and the law support them.
Who Else Can Be Held Responsible for a Drunk Driving Crash?
The drunk driver is the obvious defendant. In Missouri, other people or businesses may share responsibility depending on the facts, which can open additional coverage when the driver’s policy is small.
- Employers. If the driver was working when the crash happened, the employer may be responsible. Vicarious liability means one party is legally responsible for another’s conduct, such as an employer for an employee acting within the scope of the job.
- Rideshare and commercial operators. Crashes involving delivery or rideshare accident claims can bring commercial insurance into play, depending on the driver’s status at the time.
- The vehicle owner. If someone lent a car to a person they knew was impaired, a claim against the owner may be possible.
- A bar, restaurant, or store that sold alcohol. Dram shop liability means holding a business responsible for selling alcohol to someone who then causes harm. In Missouri, this type of claim may be possible only in narrow circumstances with strict proof requirements.
- A vehicle defect. If a defect made injuries worse, a product liability claim may apply. Missouri’s products comparative fault rule appears in Mo. Rev. Stat. § 537.765.
If the drunk driver fled the scene, hit-and-run accidents raise their own coverage questions. Your own uninsured motorist coverage may apply depending on your policy terms.
What If the Drunk Driver Has Little or No Insurance?
Missouri’s minimum auto liability limits are $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage. A drunk driver carrying only 25/50/25 coverage may have far less insurance than a serious injury costs, so your own policy can become the most important source of recovery.
The uninsured problem is real. More than 1 in 7 drivers (15.4%) on U.S. roads was uninsured in 2023 (Insurance Research Council, 2025).
Uninsured motorist (UM) coverage is part of your own auto policy. It pays for your injuries when the at-fault driver has no liability insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to cover your losses. Missouri requires UM coverage at least at the state minimum limits in every auto policy, and policy terms can’t reduce it below that minimum. UIM coverage is optional, and its policy terms largely decide what it pays.
Your own carrier isn’t automatically on your side. In one documented case, a driver without any insurance hit our client. We fought our client’s own uninsured motorist carrier and obtained his $1,000,000 policy limits.
We also look for employer policies, umbrella coverage, and other responsible parties when the limits clearly fall short.
What If You Were a Passenger or Partly to Blame?
Missouri applies pure comparative fault under Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983). Your damages are reduced by your own percentage of fault, but you can still recover even if you’re found more than 50% at fault. Ordinary negligence claims follow this court-made rule, not a statute.
Pure comparative fault means the jury assigns each party a percentage of blame, and your award drops by your share.
Here’s a hypothetical. Say a jury values your losses at $100,000 and finds you 20% at fault for drifting slightly out of your lane. You would recover $80,000.
Passengers face a different version of this argument. An insurer may claim you knew the driver had been drinking and chose to ride anyway. That argument goes to comparative fault. It can reduce a claim, but it doesn’t bar one in Missouri.
We’ve handled that situation. Our client was riding with an intoxicated driver who drove the truck off the road and into a tree. The client suffered life-altering injuries that the applicable insurance policies could not cover, and the case ended in a confidential settlement.
What Compensation Can a Drunk Driving Victim Recover?
Missouri injury victims may recover economic and non-economic damages caused by the crash, reduced by any comparative fault. The goal is to account for losses you’ll carry in the future, not just the bills already on your kitchen table. For a fuller explanation of value factors, see how car accident case worth in Missouri is assessed.
Economic losses
These are losses with a dollar trail:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Household help you now need
- Vehicle repair or replacement
Non-economic losses
These are real but harder to price:
- Pain and suffering
- Mental anguish, including anxiety or PTSD after the crash
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium, which is the harm to a marriage when a spouse is seriously hurt
High-speed impacts can cause brain injuries, spinal damage, and fractures. A traumatic brain injury claim often needs specialist records because symptoms can be subtle in the first weeks.
Liens and reimbursement
Health insurers, Medicare, and Medicaid may have reimbursement rights out of your recovery. Those need to be addressed before settlement so they don’t eat into money meant for your future. Learn more about who pays medical bills after a car accident in Missouri.
When a Drunk Driver Takes a Life: Wrongful Death in Missouri
Alcohol-impaired crashes are deadly. According to NHTSA crash data, 13,524 people died in alcohol-impaired driving crashes in 2022, accounting for 32% of all traffic fatalities.
Under RSMo § 537.080, Missouri sets a priority order for who may file a wrongful death claim, and families generally have 3 years to file under § 537.100. The order works like this:
- First priority: The spouse, children (or the descendants of any deceased children), or parents of the person who died.
- Second priority: Brothers and sisters, or their descendants. They may file only if no first-priority survivor exists.
- Third priority: A plaintiff ad litem, which is a person the court appoints to bring the claim when no survivor from the first two groups exists.
These claims carry heavy emotional weight. Christopher R. Dixon secured a $12,000,000 wrongful death recovery for the family of a young girl killed in a car accident. Every family’s case is different, and that result doesn’t predict another.
If you’ve lost someone, our St. Louis wrongful death lawyer team can explain who holds the right to file in your family.
Filing in St. Louis City, St. Louis County, or St. Charles County Courts
Drunk driving injury suits in this area are generally filed in a Missouri circuit court. Which court hears your case depends on Missouri venue rules and the facts, including where the crash happened and where the parties are. Your case notice will identify the court and the assigned division.
The local circuit courts
- City of St. Louis: The Circuit Court of the City of St. Louis, the 22nd Judicial Circuit, downtown.
- St. Louis County: The 21st Judicial Circuit, seated in Clayton. Florissant and many other county municipalities fall within this county.
- St. Charles County: The 11th Judicial Circuit.
Scheduling, mediation requirements, and trial settings are set by the assigned court. You can look up public case information through Missouri Courts.
Where your crash report and records come from
The agency that wrote your report depends on where the crash happened. A wreck on I-64, I-70, I-270, I-44, or I-55 may involve the Missouri State Highway Patrol. City streets often fall to the St. Louis Metropolitan Police Department. County roads may involve St. Louis County Police or a municipal department such as Florissant’s.
Medical records often start at trauma centers such as Barnes-Jewish Hospital, SSM Health Saint Louis University Hospital, or Mercy Hospital St. Louis. Getting the full chart, not just the discharge summary, matters for causation.
For context, 946 people died in traffic crashes in Missouri in 2023, according to the Missouri Department of Transportation. That figure covers all traffic deaths, not only alcohol-related ones.
Crashes across the river
St. Louis drivers cross into Illinois every day. If your crash happened on the Illinois side, Illinois law may govern instead of Missouri’s. Christopher R. Dixon is admitted to both the Missouri Bar and the Illinois Bar.
What Happens When You Call The Dixon Injury Firm?
When you call, you talk about what happened, your injuries, and the insurance involved. When you call, you discuss your case directly with us. We discuss whether we’re able to take your case during that call.
Fees and costs
We take drunk driving injury cases with no attorney fee unless we win. Case expenses are a separate question, so ask us how they’re handled before you sign anything. You deserve a clear answer up front.
What to gather before you call
- Crash report number or a copy of the report
- Photos of the scene, vehicles, and your injuries
- Medical records, bills, and discharge papers
- Letters or emails from any insurance company
- Your own auto policy’s declarations page
- Any paperwork from the criminal DWI case
Results in related car accident cases
| Result | Case type | What happened |
|---|---|---|
| Confidential settlement | Passenger injured by an intoxicated driver, Missouri | Our client was riding with an intoxicated driver who drove the truck into a tree, causing life-altering injuries that the applicable policies could not cover |
| $12,000,000 recovery | Wrongful death, car accident | Recovery for the family of a young girl killed in a car accident |
| $1,175,000 settlement | Automobile crash, St. Louis County | Settlement for a client injured in an automobile crash |
| $1,000,000 settlement | Uninsured motorist claim, Missouri | The at-fault driver had no insurance, so we pursued our client’s own carrier and obtained his $1,000,000 policy limits |
Past results describe our background. They do not predict the outcome of any future claim.
Recognition and community roots
Christopher R. Dixon was born and raised in St. Louis. His honors include The Best Lawyers in America® 2027 — Personal Injury Litigation – Plaintiffs, and a Lifetime Membership, Million Dollar Advocates Forum. Greg Motil was named to Super Lawyers 2025 and Super Lawyers 2026. Our clients have given the firm a 5★ Google rating across 406 reviews. Christopher also co-founded The St. Louis Suit Project, a 501(c)(3) charitable organization.
The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact a qualified attorney to discuss your specific situation.
Talk With a St. Louis DUI Accident Attorney Before Your Deadline Passes
Missouri’s 5-year injury deadline and 3-year wrongful death deadline may seem far off. The camera footage, vehicle data, and witness memories your claim depends on won’t last that long.
We serve injured people and families in St. Louis, Clayton, Florissant, and St. Charles County. Call 314-208-2808 to talk with an attorney about what happened. There’s no attorney fee unless we recover money for you.
Frequently Asked Questions
Do I have a case if a drunk driver hit me in St. Louis?
You may, if the driver’s conduct caused your injuries and you have losses you can document. Missouri requires every driver to exercise the highest degree of care under RSMo § 304.012, and driving while intoxicated can be strong evidence of a breach. You still have to prove the crash caused your injuries and show what they cost you. Under Missouri’s pure comparative fault rule, any fault of your own reduces your recovery without barring it.
How long do I have to file a drunk driving accident lawsuit in Missouri?
Missouri generally allows 5 years to file a personal injury lawsuit under Mo. Rev. Stat. § 516.120 and 3 years to file a wrongful death claim under § 537.100. Case-specific circumstances can affect when that clock starts or stops. If a government vehicle or public entity was involved, separate notice and immunity questions may apply. Confirm your deadline early rather than counting on the general rule.
How much does a DUI accident attorney in St. Louis cost?
For Missouri drunk driving injury claims, The Dixon Injury Firm charges no attorney fee unless we win. If there’s no recovery, you don’t owe an attorney fee. Case expenses are a separate subject, so ask us how they’re handled and get a clear answer before you sign a fee agreement.
What is my drunk driving accident case worth?
No honest answer is possible without your records. In Missouri, value depends on your medical treatment and prognosis, lost income and earning capacity, pain and lasting limits, any comparative fault, and the insurance available to pay. Serious injury claims often need a clear medical picture before they can be valued accurately. Coverage limits can matter as much as the injury itself.
Should I accept the insurance company’s first offer?
Be careful before accepting any offer in a Missouri injury claim. An early offer may arrive before your doctors know whether you need surgery or long-term care. Once you accept and sign a release, you generally can’t reopen the claim later. Have the offer reviewed against your full documented losses and the available coverage first.
What if I was partly at fault, or I was a passenger in the drunk driver’s car?
Missouri follows pure comparative fault under Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983). Your damages are reduced by your percentage of fault, but you can still recover even above 50%. Passengers who rode with an impaired driver may face the argument that they shared fault. That argument can reduce a claim but doesn’t bar it.
Do I have to wait for the criminal DWI case to finish before filing a claim?
No. In Missouri, the criminal case and your civil injury claim are separate, and your civil deadline runs on its own schedule. An acquittal doesn’t end your claim, and a conviction may be usable as evidence. Investigation, medical documentation, and insurance work can proceed while the criminal case moves forward.
What if the drunk driver doesn’t have insurance?
Your own uninsured motorist coverage may pay for your injuries, depending on your Missouri policy terms. If the driver has insurance but not enough, underinsured motorist coverage may apply. Approximately 1 in 7 U.S. drivers is uninsured (Insurance Research Council, 2023). Employers, vehicle owners, or other responsible parties may also be sources of recovery.
Can I get punitive damages from a drunk driver in Missouri?
Possibly, but only in limited circumstances. Missouri requires a much higher level of proof for punitive damages than for ordinary negligence, and a DWI arrest doesn’t make them automatic. Whether an insurer pays them depends on the policy language and the law. We evaluate punitive damages case by case after building the claim for your actual losses.
How long does a drunk driving injury case take to settle?
It depends on your case. In Missouri claims, timing turns on how long your medical treatment lasts, whether fault or causation is disputed, how many parties and insurers are involved, and whether a lawsuit becomes necessary. A claim may need to wait until your medical picture is clear. That wait is always balanced against the filing deadline.
Will my drunk driving case go to trial?
Many Missouri injury claims resolve through settlement, but some go to trial when an insurer won’t make a fair offer. Preparing every claim as if it could reach a jury gives the evidence its full weight in negotiations. If talks stall near the deadline, filing suit protects the claim. You make the final decision about whether to settle.
How do I pay for medical treatment while my case is pending?
In Missouri, many injured people use their own health insurance, and some auto policies include medical payments coverage. Health insurers, Medicare, and Medicaid may claim reimbursement from your eventual recovery. Those liens need to be identified and resolved before settlement so they don’t reduce the money meant for your future care.
Should I give the drunk driver’s insurance company a recorded statement?
You’re usually not required to give a recorded statement to the other driver’s insurer in a Missouri injury claim. Early statements can be used to question your injuries or suggest you shared fault. Your own policy may have cooperation requirements, so check those terms before speaking with your own carrier.
Do I need a lawyer for a drunk driving accident claim?
Missouri law doesn’t require you to hire one. Legal help can matter when injuries are serious, coverage is limited, more than one party may be responsible, or a family is facing a wrongful death claim. A lawyer can also coordinate your civil claim with the criminal case and watch your filing deadline.
