Under Missouri’s Dram Shop law you may also file a lawsuit against the owners of the bar or restaurant where the driver got drunk.
Kansas City, MO – It is called Bentley’s Law and it was recently adopted in neighboring Tennessee. However, the law requiring a drunk driver to pay child support if they orphan a child was initiated by a Missouri resident and is now under debate in the state’s legislature. Jefferson County resident Cecilia Williams started pushing for this law after her son, his fiancee, and their baby son were killed by a drunk driver. The woman was left to care for her son’s two other children. As Bentley’s Law was unanimously passed in March by the Tennessee legislature, there are high hopes the bill will soon be adopted in Missouri as well.
Under Bentley’s Law, the drunk driver would have to pay child support until the minor reaches the age of 18 and graduates from high school. The exact amount will be determined by the judge, who will take into consideration the child’s needs and the way of life he or she was accustomed to.
What type of damages can you recover if you lose someone in a drunk driving accident?
According to the law, if you lose someone in a DWI crash in Kansas City, you can file a wrongful death lawsuit. Better talk to some experienced Kansas City DWI accident lawyers before taking any legal action.
The family of the victim can seek economic and non-economic damages. They can be compensated for the funeral and burial expenses, outstanding medical bills as well as the loss of financial support. At the same type, the deceased’s family can recover non-economic damages for their loss of companionship, loss of affection, loss of guidance and nurturing, etc. There is no cap on the damages you can recover in a wrongful death lawsuit.
Who can you sue after a drunk driving accident in Kansas City?
Missouri is an at-fault state so you can file a claim against the drunk driver’s insurance or you can sue them. If the drunk driver had a high blood alcohol concentration (BAC) and/or previous DWI offenses on their record there’s a good chance you may be awarded punitive damages on top of your compensatory damages.
Under Missouri’s Dram Shop law you may also file a lawsuit against the owners of the bar or restaurant where the driver got drunk. According to the law, it is illegal for a licensed establishment to serve alcohol to a person who is ‘visibly intoxicated” or to an individual under the age of 21.
You will need seasoned Kansas City accident lawyers to prove that the bar can be held liable for damages. Your lawyers may need to request surveillance camera footage, track the driver’s whereabouts before the crash, and interview eyewitnesses.
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