Drunk Driving Accidents

Drunk Driving Accident Attorney in Overland Park

A Former Johnson County Prosecutor Now Fighting for Accident Victims

When an impaired driver causes a crash, the injuries are often severe, and the path to compensation isn’t always clear. At Joco Legal, we represent drunk driving accident victims throughout Overland Park, Johnson County, and the Greater Kansas City metropolitan area in both Kansas and Missouri. Our attorneys help victims pursue civil personal injury claims to recover compensation for medical bills, lost wages, and other losses caused by an impaired driver’s decision to get behind the wheel.

A criminal DUI case is filed by the state. It doesn’t put money in a victim’s pocket. The civil claim is yours to bring, and it runs on a separate track with its own rules and deadlines.

If you or a family member was injured by a drunk driver in the Overland Park area, contact Joco Legal for a free consultation. Call us at (913) 423-5218 to speak with our attorneys and learn your options with no obligation.

Why Clients Choose Joco Legal for Drunk Driving Accident Claims

Attorney Jason Covington spent 15 years as an assistant district attorney at the Johnson County District Attorney’s Office, where he served as both Division Chief and Section Chief of the Special Victims Unit. He was first chair in more than 40 jury trials and handled thousands of serious felony matters, including DUI prosecutions. He now represents injury victims in private practice, bringing a firsthand understanding of how these cases are investigated, built, and argued. That prosecutorial background can carry real weight when your civil claim intersects with a criminal DUI case or when insurance companies contest fault.

Covington has helped injury clients recover millions of dollars in private practice. Attorney Brant McCoy has been selected to both The National Trial Lawyers Top 100 and Super Lawyers. Together, our team brings decades of collective legal experience to every case we handle.

Full-Service Capability When It Matters Most
When a drunk driving crash results in a fatality, surviving family members may face both a wrongful death claim and urgent estate or probate matters. Joco Legal is a full-service firm that can handle both. Most personal injury firms refer probate and estate work to outside counsel. We handle it in-house, so families facing the worst circumstances don’t have to coordinate between multiple attorneys at the most difficult time.

Our firm is based in Overland Park, our attorneys are licensed in Kansas and Missouri, and we offer free consultations available in person or virtually. Thousands of clients have trusted Joco Legal throughout Johnson County and the Greater Kansas City area.

Start Your Free Consultation Today

Kansas imposes a two-year statute of limitations on personal injury and wrongful death claims. Evidence from a DUI crash, including breath and blood test results, officer observations, and witness accounts, can deteriorate or become harder to obtain as time passes. The sooner you speak with an attorney, the better positioned you may be to pursue your case. Call Joco Legal at (913) 423-5218 to get started. Consultations are free, there’s no commitment required, and we’re available in person at our Overland Park office or virtually.

Injuries & Damages in Drunk Driving Accident Claims

Drunk driving collisions tend to cause serious physical harm. Impaired drivers frequently fail to brake before impact, meaning crashes occur at full or near-full speed. Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, internal organ damage, and soft-tissue injuries. Some of these conditions require years of ongoing treatment.

Economic Damages

Economic damages cover your measurable financial losses: emergency room and hospital bills, rehabilitation and physical therapy costs, ongoing treatment expenses, lost wages during recovery, and reduced future earning capacity if your injuries affect your ability to work long-term. Property damage to your vehicle is also recoverable.

Non-Economic Damages

Non-economic damages address losses that don’t come with an invoice. Pain and suffering, emotional distress, and loss of enjoyment of life fall into this category. Kansas does impose caps on non-economic damages in personal injury cases, and the applicable limit depends on when the injury occurred.

Punitive Damages

In drunk driving cases, Kansas courts may award punitive damages on top of compensatory damages. A driver who chooses to operate a vehicle while impaired is engaging in willful or reckless conduct, and the law allows courts to impose additional damages as punishment and deterrence. These aren’t available in every personal injury case, but drunk driving crashes may meet the legal threshold.

Wrongful Death Claims

When a drunk driving crash results in a fatality, surviving family members may pursue a wrongful death claim. Recoverable losses can include funeral and burial expenses, loss of financial support, and related damages. These claims are governed by the same two-year statute of limitations as personal injury claims.

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Why Choose Joco Legal?

Hands-On Attorney Involvement
Our clients benefit from direct engagement with our attorneys, ensuring an experience that fosters trust, clear communication, and proactive guidance.
Proven Trial-Tested Advocacy
Our team comprises battle-tested litigators who excel in the courtroom, delivering results through their trial experience and strategic advocacy.
Client-Centric Legal Approach
We prioritize our clients' needs above all else, offering tailored legal solutions and personalized attention to ensure their satisfaction and success.
Over Three Decades of Combined Experience
With decades of collective legal experience, we bring a wealth of knowledge and a deep understanding of the law to every case we handle.

Kansas Law & Drunk Driving Accident Claims in Overland Park

Several Kansas-specific rules directly shape what you can recover and who you can pursue. Understanding them before you speak with an insurance adjuster or sign any paperwork can make a significant difference in your case.

The Criminal Case Is Separate from Your Civil Claim

When a drunk driver is arrested in Kansas, the state files a criminal DUI case under K.S.A. 8-1567. A driver at or above 0.08% BAC is presumed impaired under Kansas law (0.04% for commercial drivers). That prosecution is the state’s case, not yours. It doesn’t result in compensation to victims. Your civil personal injury claim is filed separately and operates on its own timeline.

Negligence Per Se

Negligence per se is a legal doctrine that applies when someone violates a statute and that violation causes harm. In a drunk driving civil claim, if the driver’s BAC met or exceeded the legal limit, that statutory violation can establish negligence without requiring you to separately prove the driver fell below a reasonable standard of care. It can streamline a critical element of your case.

Kansas PIP Insurance Requirements

Kansas requires all drivers to carry Personal Injury Protection (PIP) insurance with a minimum of $4,500 in coverage. PIP pays initial medical costs regardless of who caused the crash. After PIP benefits are exhausted, you can pursue remaining medical expenses and other damages from the at-fault driver’s liability insurance.

No Dram Shop Liability in Kansas

Many clients expect that a bar or restaurant that served alcohol to the impaired driver can be held liable. Kansas has no dram shop law and no civil social host liability. The civil claim is against the driver. Knowing this upfront can help prevent pursuit of a theory Kansas courts won’t support.

Modified Comparative Negligence

Kansas follows a modified comparative negligence rule. If you share any percentage of fault for the crash, your damages are reduced proportionally. A victim found 50% or more at fault can’t recover anything. Insurance companies sometimes use this rule to argue victim fault and reduce payouts.

Uninsured & Underinsured Motorist Coverage

If the drunk driver carried no insurance or insufficient coverage to cover your losses, your own uninsured/underinsured motorist (UM/UIM) coverage may provide an additional source of recovery. Reviewing your own policy is an important early step.

The Two-Year Filing Deadline

Kansas gives personal injury and wrongful death claimants two years from the date of the accident to file suit. Missing that deadline bars recovery, regardless of how strong the underlying claim is. Don’t wait for the criminal case to conclude before consulting a drunk driving accident attorney in Overland Park.

Steps to Take After a Drunk Driving Crash

The actions you take in the hours and days after a crash can affect the strength of your civil claim. Here’s what to prioritize.

Get Medical Attention Immediately
Some injuries don’t produce obvious symptoms right away. Seek evaluation even if you feel relatively fine at the scene. Medical records created close in time to the crash are foundational to documenting your injuries and connecting them to the accident.

Call 911 and Ensure a Police Report Is Filed
A police report in a drunk driving case documents the officer’s observations of impairment, field sobriety test results, and any breath or blood test data. This report is among the most important pieces of evidence in your civil claim.

Collect Witness Information
If witnesses saw the crash or the driver’s behavior beforehand, their testimony can corroborate your account. Get names and contact information at the scene if you can do so safely.

Don’t Give a Recorded Statement to Insurers
Insurance adjusters may contact you quickly after the crash. Early recorded statements can be used to minimize or deny your claim. Speak with an attorney before providing any formal statement.

Contact an Attorney Before Evidence Disappears
Surveillance footage gets overwritten. Witnesses become harder to locate. The civil case may need to move independently of the criminal DUI matter rather than wait for it. Contacting a drunk driving accident attorney in Overland Park as soon as possible can help protect your ability to preserve evidence and meet the two-year filing deadline.

What to Expect When You Work with Joco Legal

Our attorneys investigate drunk driving accident claims from the start: gathering police reports, securing available evidence, and documenting your injuries and financial losses. We handle all communications and negotiations with insurance companies on your behalf so you aren’t navigating those conversations alone. Throughout your case, we keep you informed at every stage so you know where things stand and what comes next.

Ready to talk through your options? Call Joco Legal at (913) 423-5218 for a free consultation. We’re available in person at our Overland Park office or virtually, with no commitment required to get started.

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