When people hear that a drunk driving injury case “settled for more money,” they often assume the injuries must have been catastrophic or that the facts were extreme. In reality, however, most drunk driving injury cases in Kansas and Missouri frequently resolve for higher settlement values even when the physical injuries look like those in ordinary car accidents.
For example, last year, our law firm had two cases that both took place in Kansas City, where our clients experienced similar injuries. While one settled for a little less than $20,000, the other client settled for $100,000. Why such a difference when the injuries were the same? Because in the case where our client received $100,000, the person who struck our client was drunk at the time of the wreck.
Thus, the reason for the higher settlement had very little to do with sympathy alone. Instead, it comes down to legal risk, jury psychology, and how insurance companies evaluate exposure when alcohol is involved. From the moment a crash is labeled a DUI collision, the case follows a very different path than a routine negligence claim.
Drunk Driving Is Not Ordinary Negligence
Most motor vehicle crashes are caused by negligence. Someone looks down at their phone to respond to a text, misjudges traffic, follows too closely and turns their head, or fails to yield. These cases involve mistakes (or stupidity). Drunk driving, however, involves a conscious and voluntary decision to get behind the wheel after consuming alcohol.
Both Kansas and Missouri juries understand this distinction instinctively. A driver who drinks and drives is not viewed as careless but as reckless. Jurors often see drunk driving as a violation of the basic rules that keep everyone on the road safe. That perception alone dramatically increases the risk of a large verdict. Not many jurors are going to feel sorry for the defendant or give the defendant the benefit of the doubt when their lawyer is arguing that the plaintiff’s injuries are not serious. From an insurance standpoint, reckless conduct is far more dangerous than simple negligence. Adjusters and defense lawyers know that juries are far less forgiving when alcohol is involved, and that reality shapes settlement decisions early in the case.
Criminal Evidence Changes the Civil Case
Drunk driving injury cases often include evidence that is rarely available in other car accident claims. Police reports typically assign fault clearly. Officers may document odor of alcohol, slurred speech, unsteady balance, or failed field sobriety tests. Many cases also involve breath or blood alcohol testing. In addition, modern DUI investigations often include dash camera footage and body camera footage. This evidence allows jurors to see the at-fault driver’s condition for themselves. When a criminal case results in charges or a conviction, that information can further strengthen the civil injury claim.
This type of evidence significantly limits the insurance company’s ability to deny responsibility. It also enhances the injured person’s credibility, which is critical in any injury case.
Contact our Kansas city personal injury lawyers now.
Punitive Damages and Verdict Exposure
Another major factor driving higher settlements in drunk driving cases is the potential for punitive damages. Punitive damages are designed to punish dangerous conduct and deter future wrongdoing, not simply compensate the injured person. In Missouri, for instance, while an insurance company may not be on the hook for punitive damages (most insurance policies exclude paying for punitive damages), an insurance company must consider punitive damages when determining whether to settle and protecting their insured from a judgment.
Not every drunk driving case results in punitive damages, but the possibility alone changes the risk calculation. Insurance companies know that juries who are angry about drunk driving may be willing to punish the behavior. Even when punitive damages are not ultimately awarded, the threat of them increases settlement pressure. This is especially true when a jury hears evidence that the driver chose to drink despite knowing the risks. The combination of alcohol, preventable conduct, and harm to an innocent person is powerful.
Moral Authority and Jury Psychology
Injury cases are ultimately decided by people. Jurors bring their own life experiences and values into the courtroom. Drunk driving cases often involve clear moral authority for the injured person. The victim did nothing wrong. The defendant made a conscious choice to endanger others. That imbalance matters. Jurors are more likely to fully compensate injured people when the defendant’s conduct is reckless and avoidable.
Insurance companies understand this psychology. They know that defending a drunk driver is inherently more difficult than defending someone who made a mistake. That reality often leads to higher settlement offers.
Why Insurance Companies Settle DUI Cases for More
Insurance companies do not settle cases based on fairness. They settle based on risk. Drunk driving cases carry a higher risk for several reasons: stronger evidence, jury anger, moral clarity, and potential punitive damages (which insurance companies, at least in Missouri, need to consider). All of these factors combine to increase verdict exposure. When exposure increases, settlement value increases.
Speak With Foster Wallace Personal Injury Lawyers About Why Drunk Driving Injury Cases in Kansas & Missouri Settle for More
If you were injured by an intoxicated driver, speaking with an experienced Kansas City drunk driving accident lawyer can make a meaningful difference. At Foster Wallace Personal Injury Lawyers, we represent injury victims throughout Kansas and Missouri and understand how insurers evaluate DUI cases.
