The Legal Implications of Drunk Driving Accidents: What Victims Need to Know
Drunk driving accidents aren’t just statistics — they’re life-altering events that leave victims dealing with physical injuries, emotional trauma, and financial uncertainty.
At Palmer Law Group, we’ve seen firsthand how devastating drunk driving auto accidents can be. Every time someone walks through our doors because they’ve been injured or lost a loved one in a crash caused by an impaired driver, it reinforces why we do what we do.
If you or someone you love has been affected by a drunk driving accident in Kansas, we want you to understand your rights, what legal options are available, and what steps you can take to protect your future.
Here, we’ll walk you through the key legal implications and considerations, all based on the experience our attorneys at Palmer Law Group has handling these types of cases in Topeka, Manhattan, and Lawrence, Kansas.
Drunk Driving in Kansas
In Kansas, driving under the influence (DUI) is a serious criminal offence. A person is considered legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, the limit is just 0.02%.
When someone causes an accident while driving drunk, they may face criminal charges like DUI, aggravated battery, or even vehicular manslaughter if the crash results in death. But criminal charges are just one part of the equation.
As personal injury attorneys, we focus on the civil side of things — helping victims pursue compensation through a personal injury or wrongful death claim.
Civil vs. Criminal Cases
Firstly, one of the most common questions we get from clients is, “If the driver is facing criminal charges, do I still need to file a separate lawsuit?” The answer is yes — and here’s why.
Criminal cases are brought by the state of Kansas and are designed to punish the offender. The outcome might include jail time, fines, license suspension, or court-ordered treatment programs. But a criminal conviction won’t pay your medical bills, replace lost income, or compensate you for pain and suffering.
That’s where a civil claim comes in. As the victim (or the family of a victim), you have the right to sue the drunk driver for damages. In many cases, you can also pursue compensation from their insurance company, or even your own insurer through underinsured motorist coverage if necessary.
Types of Compensation Available to Victims
Furthermore, when we represent victims of drunk driving auto accidents, our goal is to recover compensation for everything you’ve lost. That includes:
Medical expenses (hospital bills, rehab, surgery, medications)
Lost wages (including future earning potential if you’re unable to return to work)
Pain and suffering
Emotional distress
Property damage
Loss of enjoyment of life
In fatal accident cases, families can also file a wrongful death claim to recover funeral expenses, loss of companionship, and more.
In some cases, we may also seek punitive damages. These are additional damages awarded not just to compensate the victim, but to punish the offender and deter others from engaging in similar conduct. While punitive damages aren’t awarded in every case, courts in Kansas may allow them in DUI cases because the conduct involved is considered reckless or egregious.
Insurance in Drunk Driving Accidents
Additionally, Kansas is a “no-fault” state when it comes to car insurance, which means that after an accident, your own personal injury protection (PIP) coverage is typically the first to pay for medical expenses and lost income — regardless of who caused the crash.
However, in serious auto accidents involving permanent injury, significant disfigurement, or death, you can step outside the no-fault system and file a claim against the at-fault driver.
This is particularly important in drunk driving auto accidents, which often result in catastrophic injuries. When that happens, we move quickly to gather evidence and build a strong case against the drunk driver’s insurance provider.
In some situations, if the driver was uninsured or underinsured, we’ll also help clients explore other options, such as filing a claim with their own uninsured/underinsured motorist coverage.
Proving Liability in a Drunk Driving Accident
To win your civil case, we must prove that the drunk driver’s negligence caused your injuries. While a DUI conviction can strengthen your claim, it’s not always necessary to have a conviction in order to succeed in civil court. We’ve handled cases where the at-fault driver refused a breath test or where the criminal case was still pending, and we were still able to obtain compensation.
Evidence we often use includes:
Police reports
BAC test results
Eyewitness statements
Surveillance or dashcam footage
Accident reconstruction analysis
Medical records and expert testimony
It’s important to contact a lawyer as soon as possible after the crash so we can begin preserving this evidence. Over time, details can fade, and key documents or witnesses can become harder to track down.
Can Other Parties Be Held Responsible?
In some drunk driving accident cases, the drunk driver isn’t the only one who may be held liable. Under Kansas’s “dram shop” laws, a bar or restaurant can potentially be sued for serving alcohol to a person who was visibly intoxicated if that person later causes a crash.
However, Kansas’s dram shop laws are relatively limited compared to other states, and these cases can be challenging to prove.
That said, we always explore every possible avenue for recovery. In some cases, we may also look into whether the drunk driver was operating a company vehicle or acting within the scope of their employment — which could open the door to a claim against the employer.
Statute of Limitations in Kansas
In Kansas, you generally have two years from the date of the accident to file a personal injury lawsuit, according to the Kansas State Legislature. For wrongful death claims, the two-year clock starts on the date of death, not the date of the crash. Missing this deadline can mean losing your right to pursue compensation entirely, so we always urge victims to act quickly.
What We Do for Victims
When you come to our office, we take the time to listen to your story, answer your questions, and explain your options in plain language. We know you’re going through one of the hardest times in your life, and our job is to take the legal burden off your shoulders so you can focus on healing.
Here’s what we do for our clients:
Handle all communication with insurance companies
Investigate the accident and gather evidence
Work with medical experts and accident reconstructionists
Negotiate for a fair settlement
Take the case to court if needed
Most importantly, we’re here to fight for justice, not just financial compensation, but accountability for the pain and damage drunk drivers cause. You can count on us to serve as your allies every step of the way in this challenging time.
Reach Out to Palmer Law Group Today
If you’ve been injured or lost a loved one in a crash caused by a drunk driver, you don’t have to face the aftermath alone. Palmer Law Group is here to help you understand your rights, hold the responsible party accountable, and fight for compensation. With offices in Topeka, Manhattan, and Lawrence, we serve the state of Kansas. Reach out today for a free consultation.