Drunk or drugged driving is a bane of
modern society which leads to accidents that can cause severe injuries and
death. If any driver is arrested for a DUI and is found to be violating the law
then he or she will not only face criminal charges but civil liability as well.
For the most part, a civil lawsuit can also be filed against those who were in
the vehicle apart from the driver, in the opinion of Platte County, MO DUI
lawyers.
Civil
Liability
The fact that drunk drivers are liable
for all the injuries and losses they cause is obvious. This liability is
essentially of three types: minimum negligence – a violation of a legal duty;
gross negligence which signifies a wanton disregard for others safety; and
negligence per se or the breach of a law designed to shield others from the
kind of harm they caused, say Missouri DUI attorneys.
Dram
Shop Laws
Many states like Missouri have what is
termed as “dram shop’ laws, which set forth various circumstances under which
any owner of a tavern or bar can be held responsible for the injuries as well
as damages sustained due to the actions of a drunken driver who became
inebriated at their tavern or bar, and ought to have been prevented from
driving after drinking. In the event of minors drinking as well as driving, any
adult who offers them alcohol has the same level of liability as the minors
themselves.
Dram shop laws can vary although all
states don’t have these laws. For the most part, such cases can be extremely
controversial in nature because of the potential implications for the bar
owner. However, it is true that a person, who serves alcoholic drinks to gain a
profit, has also the duty of guarding against those patrons who drink and
drive.
Platte County, MO DUI lawyers point out
that under the state’s dram shop law, liability is restricted only to those who
are licensed to sell alcohol for consumption at their premises. This suggests
that no claims can be made against those who sell packaged liquor even to a
minor. Therefore, establishments such as grocery stores, gas stations, and
liquor stores do not fall under the purview of Missouri’s dram shop law.
You saw this in the movie Superbad when
McLovin or Fogell (Christopher Mintz-Plasse) was trying to buy some alcohol from
the convenience store. The young black woman was the clerk was suspicious of his
fake ID but it looked good enough. She probably would have sold him some
alcohol but they were interrupted by a robber who knocked out McLovin and stole
some money at gunpoint from the clerk. This part was hilarious.
This convenience store, if it was in
Missouri, would have been exempt from the dram shop laws. Though no sale was
ever recorded so this convenience store is off the hook with any legalities
with McLovin.
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| You may not believe you can afford this but needing a Platte County, MO DUI lawyer is much more expensive. |
Fogell was book smart. This website DUI-USAttorneys.com is smart on every
level and has saved lives. And unlike Fogell, this website knows what it is
doing. If you need DUI legal help, you are in the right place.
Insurance
is Hard to Get
One thing you should remember is that a
DUI conviction can have serious consequences when it comes to claiming auto
accident insurance. Insurance companies in general are unwilling to bear the
risk of a possible high-dollar claim or lawsuit if they find that a driver has
already been convicted for driving while intoxicated, as this can have an
adverse impact on the drunk driver as well as his/her potential victims.
If
you or your loved one has sustained injuries due to a drunk driver
or you find yourself in trouble after choosing to drink and drive, make sure to
consult a Missouri DUI lawyer to evaluate your case and determine whether you
have a claim.
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