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Drunk Driving Attorneys in Kansas
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A single reckless decision by a stranger can shatter your sense of safety, your health, and your family’s financial security in a matter of seconds. If a drunk driver caused a crash that left you or someone you love seriously hurt, our Topeka drunk driving accident lawyers at Palmer Law Group are here to help you fight back.
You shouldn’t have to bear the cost of someone else’s terrible choice. We’ve been standing up for injured people across Kansas since 1980, recovering over $100 million for our clients along the way. Contact us for a free case review. Let us take this weight off your shoulders so you can focus on healing.
Why Choose Palmer Law Group for Your Topeka Drunk Driving Accident Claim?
When you’ve been hurt by an impaired driver, you deserve a legal team that takes your case personally and fights for every dollar you’re owed. Here’s what sets us apart:
- Deep roots in Topeka and Northeast Kansas. We’ve been practicing personal injury law in the Topeka area since 1980. We know the local courts, the judges, and the insurance adjusters who handle claims throughout Shawnee County and beyond.
- A proven record of results. Our attorneys have recovered over $100 million for injured clients across Kansas. We bring a results-focused approach to every case, because we believe success means full and fair recovery for you.
- Over 60 years of combined experience. Our accomplished legal team has the knowledge and skill to handle even the most complex drunk driving accident claims.
- Aggressive advocacy on your behalf. Insurance companies know we are willing to take cases to trial when a fair settlement isn’t offered.
- You talk to your attorney, not just an assistant. We believe in client-centered representation. When you call with a question, you’ll have direct access to the lawyer working on your case.
From our offices in Topeka and Manhattan, we serve clients throughout Kansas who have been hurt by intoxicated drivers. Let us handle the legal work so you can focus on healing.
How a Drunk Driving Accident Can Affect Your Life
The harm caused by an impaired driver goes far beyond what happens at the scene of the crash. According to the National Highway Traffic Safety Administration (NHTSA), roughly a third of all traffic fatalities in the United States involve drivers with a BAC of .08 or higher. Because impaired drivers often fail to brake or react in time, these crashes frequently happen at high speeds. Common injuries include:
- Traumatic brain injuries and concussions
- Spinal cord damage and paralysis
- Broken bones and fractures
- Internal organ damage
- Severe burns and lacerations
These injuries often require extensive medical treatment, surgeries, rehabilitation, and ongoing care. Many people find themselves unable to work for weeks or months, and the financial pressure of lost wages combined with growing hospital bills creates real hardship for families across the Topeka area.
Beyond the physical and financial toll, there’s an emotional weight that’s hard to put into words. Anxiety about driving again, trouble sleeping, and frustration with a long recovery are real struggles, and they matter in your case.
Do I Have a Drunk Driving Accident Case?
If you were injured in a crash caused by someone under the influence of alcohol, you very likely have grounds to pursue a civil claim for damages. It’s important to understand that a civil personal injury case is separate from any criminal DUI charges the driver may face.
Under Kansas Statutes section 8-1567, it is illegal to operate a vehicle with a BAC of .08 or higher, or while impaired to a degree that makes the person incapable of safely driving. A criminal conviction can lead to jail time and fines, but it doesn’t automatically put money in your pocket for medical bills and lost income. That’s where a civil claim comes in.
To recover compensation, you generally need to show that:
- The other driver owed you a duty of care on the road
- They breached that duty by driving while intoxicated
- Their impaired driving caused the accident
- You suffered real injuries and losses as a result
Driving under the influence is considered a clear breach of the duty every motorist owes to others. If you’re not sure whether your situation qualifies, that’s exactly what our free case review is for.
Criminal DUI Charges vs. a Drunk Driving Accident Lawsuit
One of the most common points of confusion after a drunk driving crash is the difference between the criminal case and your civil injury claim. These are two completely separate legal proceedings with different goals, different standards, and different outcomes.
| Criminal DUI Case | Civil Injury Claim | |
|---|---|---|
| Who brings the case | The state of Kansas, through a prosecutor | You (the injured person), through your attorney |
| Purpose | To punish the drunk driver | To compensate you for your losses |
| Burden of proof | Beyond a reasonable doubt (higher) | Preponderance of the evidence (lower) |
| Possible outcomes | Jail time, fines, license suspension | Financial compensation for medical bills, lost wages, pain and suffering, and more |
| Your role | Witness for the prosecution | The plaintiff seeking damages |
| Governed by | K.S.A. 8-1567 | Kansas personal injury law |
A criminal conviction can strengthen your civil case because it helps establish that the driver was impaired. But you don’t need a conviction to move forward with your injury claim. Even if the charges are reduced or dismissed, your right to seek compensation remains intact.
Our team works to gather evidence from both proceedings to build the strongest possible case on your behalf.
Who May Be Liable for a Drunk Driving Accident
In most cases, the intoxicated driver is the primary party responsible. However, liability doesn’t always stop there:
- The drunk driver. The person who chose to drink and drive bears direct responsibility. Their auto insurance policy is typically the first source of compensation.
- An employer. If the impaired driver was on the job or driving a company vehicle, their employer may also be held liable.
- Other negligent drivers. Kansas follows a modified comparative fault system, meaning you can recover damages as long as your own share of fault is less than 50%.
- Vehicle owners. If someone knowingly lent their car to a person they knew was intoxicated, they could potentially share in the liability.
It’s worth noting that Kansas is one of the few states without a dram shop law, meaning bars and restaurants generally cannot be held liable for overserving a patron who later causes a crash. This makes it even more important to build the strongest possible case against every responsible party.
Our Topeka drunk driving accident attorneys will thoroughly investigate your crash to identify every potential source of recovery.
Compensation Available in a Drunk Driving Accident Lawsuit
When you file a personal injury claim after being hit by an impaired driver, you may be entitled to recover compensation for a wide range of losses:
- Medical expenses. Hospital stays, surgeries, medications, physical therapy, and any future medical care related to your injuries.
- Lost wages. Income you’ve already lost and any reduction in your future earning ability.
- Pain and suffering. Compensation for the physical pain and emotional distress your injuries have caused.
- Property damage. Repair or replacement costs for your vehicle and personal belongings.
- Loss of enjoyment of life. If your injuries prevent you from enjoying activities you once loved, whether it’s coaching your kid’s soccer team at Hummer Sports Park or walking along the Shunga Trail, that loss has value.
- Wrongful death damages. If you lost a loved one, Kansas law allows surviving family members to pursue a claim for funeral costs, lost financial support, and loss of companionship.
Punitive damages may also be available. Unlike other types of compensation, punitive damages are meant to punish the at-fault driver for particularly reckless conduct. Kansas courts have recognized that driving while intoxicated can constitute the kind of wanton behavior that justifies such an award, and the possibility of punitive damages can be a powerful factor in settlement negotiations.
Find Out What Your Case Is Worth
Filing a Drunk Driving Accident Claim in Kansas
Kansas law sets a two-year statute of limitations on personal injury claims, as outlined in K.S.A. 60-513. This means you generally have two years from the date of the accident to file a lawsuit. Miss this deadline, and you could lose your right to seek compensation entirely.
Two years might sound like plenty of time, but these cases require careful preparation. Medical records need to be collected, accident reports reviewed, and in some cases, accident reconstruction may be necessary. Getting started sooner gives us the best opportunity to preserve evidence and build a thorough case.
If a drunk driving accident resulted in a death, the family also has two years from the date of death to file a wrongful death claim. Given the seriousness of what’s at stake, we encourage you to reach out as soon as you’re ready.
Mistakes That Can Hurt Your Drunk Driving Accident Claim
A few common missteps can weaken an otherwise strong case:
- Accepting a quick settlement offer. Insurance companies often reach out with a lowball offer before you fully understand the extent of your injuries. Once you accept, you can’t go back and ask for more.
- Waiting too long to seek medical care. A gap between the accident and your first doctor’s visit gives the insurance company room to argue your injuries aren’t related to the crash.
- Giving a recorded statement without legal counsel. Insurance adjusters are trained to ask questions designed to minimize your claim. Talk to a Topeka drunk driving accident attorney first.
- Posting about your accident on social media. Photos or comments about your daily activities can be taken out of context and used against you.
- Missing the filing deadline. Kansas has a two-year statute of limitations. Missing it means losing your right to compensation.
When you work with our firm, we guide you through each step so you know exactly what to do and what to avoid.
FAQs for Topeka Drunk Driving Accident Lawyers
Here are answers to some of the questions we hear most often from people injured by an impaired driver in the Topeka area.
Can I still file a civil claim if the drunk driver wasn’t convicted of DUI?
Yes. A civil personal injury case has a lower burden of proof than a criminal case. Even if the criminal charges are dropped or reduced, you can still pursue compensation through a civil lawsuit.
What if I was partially at fault for the accident?
Kansas uses a modified comparative fault system. You can still recover damages as long as you are found to be less than 50% at fault, though your compensation will be reduced by your percentage of fault.
How long will my drunk driving accident case take to resolve?
Every case is different. Some settle within several months, while others may take longer if the case goes to trial. We keep our clients informed at every stage and work to resolve cases efficiently without sacrificing the value of your claim.
Can I sue a bar or restaurant that served the drunk driver?
Kansas does not currently have a dram shop law, so bars and restaurants generally cannot be held liable for serving alcohol to a patron who later causes a crash. Our drunk driving accident attorneys will explore every possible avenue of liability in your case.
What if the drunk driver didn’t have insurance?
You may still have options. Your own auto insurance policy may include uninsured/underinsured motorist coverage that can help compensate you for your losses. We can review your policy and help you understand what coverage is available.
How much does it cost to hire a drunk driving accident lawyer in Topeka?
We handle these cases on a contingency fee basis, meaning you pay nothing upfront and no legal fees unless we recover compensation for you. Your initial consultation is always free.
Talk to a Topeka Drunk Driving Accident Lawyer Today
You didn’t ask for this. Someone else made a reckless, preventable choice, and now you’re the one paying the price. That’s not fair, and you shouldn’t have to carry this burden on your own.
At The Palmer Law Group, we have been fighting for injured Kansans since 1980. With over $100 million recovered for our clients, we bring the experience, dedication, and aggressive advocacy you need during one of the most difficult times of your life.
Call our Topeka drunk driving accident lawyers today for a free case review. We’re here to listen, answer your questions, and help you take the first step toward the compensation and justice you deserve.