Minnesota Drunk Driving Accident Lawyers

A drunk driving accident can change your life instantly, leaving you with physical injuries, emotional trauma, and skyrocketing medical bills. Worse still, these accidents only occur because of another driver’s reckless choice to drink and drive.

At SiebenCarey, we are committed to fighting for the rights of Minnesotans hurt by drunk drivers. We will leverage our extensive legal resources to secure justice and win you the compensation you are owed.

Don’t wait – your rights matter. Contact us now to discuss your drunk driving accident claim.

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Drunk Driving Accidents in Minnesota

Drinking and driving is illegal in Minnesota. Every year, Minnesota police arrest roughly 25,000 drivers for driving while intoxicated (DWI).

Despite this, drunk driving continues to be a leading cause of traffic fatalities and injuries in Minnesota. In 2022 alone, Minnesota saw almost 4,000 alcohol-related crashes. More than 2,000 Minnesotans were injured in these crashes, with 145 fatalities.

These numbers underscore the fact that even with strict DWI laws, many drivers refuse to drink responsibly – leading to scores of preventable accidents, injuries, and deaths every year.

Minnesota Drunk Driving Laws

Minnesota takes drunk driving seriously, imposing strict laws and penalties to deter impaired driving. Under Minnesota law, a driver is considered impaired if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is lower at 0.04%, and for drivers under the legal drinking age of 21, any detectable amount of alcohol can result in a DWI charge.

Even if a driver does not meet these BAC limits, they can still be arrested and charged if they are considered to be “under the influence” of alcohol.

Minnesota’s DWI laws also apply to drug impairment. A driver can be charged with a DWI if they are found to be impaired by drugs, including legal prescription medications, controlled substances, and even over-the-counter medicines.

Penalties for First-Time DWI Offenders

A first-time DWI conviction in Minnesota can result in the following penalties:

Up to 90 days in jail
Fines up to $1,000
License suspension for 90 days, reduced to 30 days if the driver pleads guilty
Ignition interlock device installation if the BAC is 0.16% or higher or if the driver refused a chemical test (more on this below)

Repeat DWI Offenses and Felony DWI

Minnesota operates on a four-tier system for DWI offenses. A fourth DWI within 10 years is classified as a felony and carries severe penalties, including:

Up to seven years in prison
Fines up to $14,000
Long-term license cancellation

Felony DWI offenders may also face vehicle forfeiture, mandatory alcohol treatment programs, and extended ignition interlock requirements.

Ignition Interlock Program

The Ignition Interlock Program is designed for drivers with high BAC levels or multiple DWI convictions. These drivers must install an ignition interlock device, which prevents the vehicle from starting if alcohol is detected in their breath. As of 2015, nearly 10,000 devices had been installed across the state.

Implied Consent Law

Minnesota’s implied consent law requires drivers to submit to chemical testing for alcohol and controlled substances if law enforcement suspects impairment. Refusing a test is a crime and will result in an automatic license suspension. It can also be used as evidence against the driver in court.

Statute of Limitations

In Minnesota, victims of drunk driving accidents typically have six years from the date of the accident to file a lawsuit. However, contacting a Minnesota drunk driving lawyer at SiebenCarey as quickly as possible is always best. The sooner your attorney can investigate your accident, the easier it will be for them to build a strong case on your behalf.

Drunk Driving Accident Injuries

Drunk driving accidents often result in severe and life-altering injuries, many of which have long-term consequences for victims. The combination of impaired reaction times, poor judgment, and increased speeds commonly seen in drunk driving crashes can lead to devastating outcomes.

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) are among the most grave outcomes of a drunk driving accident. A TBI can occur when the head strikes a hard surface or from the violent shaking of the brain inside the skull upon impact. TBIs range from mild concussions to severe, life-threatening injuries, potentially leading to long-term impairments.

Spinal Cord Injuries

The force of a collision can damage the spinal cord, resulting in partial or total paralysis, depending on the location and severity of the injury. Spinal cord injuries often require lifelong medical care and can drastically reduce the quality of life. Even minor damage to the spinal cord can lead to chronic pain, mobility issues, and loss of function in different parts of the body.

Broken Bones

Fractures and broken bones are common in drunk driving accidents due to the immense force of the crash. Victims may suffer breaks in their arms, legs, ribs, and more. These injuries can take months to heal, and severe breaks might require surgery, physical therapy, and long-term rehabilitation.

Internal Injuries

The blunt force trauma from a drunk driving collision can lead to internal injuries, such as damage to the:

Liver
Spleen
Kidneys
Lungs

These injuries are especially worrisome because the symptoms may be delayed. In other words, you could be badly injured without even knowing it. Therefore, it is critical for all accident victims to seek medical attention as soon as possible.

Whiplash and Neck Injuries

Whiplash occurs when the impact of a crash jolts the neck. While commonly associated with rear-end collisions, whiplash can occur in many accidents. Whiplash can cause chronic pain and stiffness, affecting a victim’s ability to work and perform everyday tasks.

Burns

Drunk driving accidents can sometimes result in fires, especially if the fuel tank is punctured or a vehicle’s electrical system is damaged. Victims may suffer from burns that require extensive medical treatment, including surgeries, skin grafts, and prolonged hospital stays. Severe burns can also cause permanent disfigurement and lead to significant psychological trauma.

Psychological Trauma

In addition to physical injuries, victims of drunk driving accidents often experience psychological trauma that can lead to:

Anxiety
Depression
Insomnia
Phobias
Post-traumatic stress disorder (PTSD)

The emotional and psychological scars can be just as debilitating as physical injuries, impacting victims’ ability to function in daily life. For this reason, these conditions are a legitimate form of pain and suffering under Minnesota law.

Compensation for a Minnesota Drunk Driving Accident

Victims of drunk driving accidents in Minnesota may be entitled to compensation for multiple damages, including:

Medical expenses: These include hospital stays, surgeries, physical therapy, and any future medical costs related to the accident.
Lost wages and future earnings: If your injuries prevent you from working, you may recover compensation for lost income and reduced earning potential.
Pain and suffering: This compensation covers emotional distress, mental anguish, and diminished quality of life.
Property damage: You can recover costs for repairs to or replacement of your vehicle and any personal property damaged in the accident.
Punitive damages: In cases of gross negligence, like drunk driving, Minnesota law allows for punitive damages, which are intended to punish the offender and deter future misconduct.

Your Minnesota drunk driving accident attorney will help you calculate the compensation you are owed.

Who Is Liable for a Minnesota Drunk Driving Accident?

Liability in a Minnesota drunk driving accident can involve several parties. While the impaired driver is usually the primary defendant, Minnesota law allows for additional parties to be held liable depending on the circumstances of the crash.

The Drunk Driver

The primary person held liable in a drunk driving accident is, of course, the intoxicated driver. The driver can be sued for negligence and reckless endangerment, and the victim may seek compensation for any medical expenses, lost wages, pain and suffering, and property damage.

Dram Shop Liability

Minnesota’s Dram Shop Law extends liability to establishments that serve alcohol to visibly intoxicated individuals, including:

Bars
Restaurants
Liquor stores

If the establishment served alcohol to a patron who later caused a drunk driving accident, they may be liable for damages in addition to the driver. Dram shop liability claims allow victims to pursue compensation from the business contributing to the driver’s impairment.

Social Host Liability

In Minnesota, social host liability applies to individuals who provide alcohol to minors. If an adult knowingly provides alcohol to someone under 21 years old, and that person then causes a drunk driving accident, the host can be held liable for any resulting injuries. This law holds individuals accountable when they contribute to underage drinking that causes a crash.

Employer Liability

If the impaired driver was working at the time of the accident, their employer could also be held responsible under vicarious liability. This protection typically applies if the driver was performing work-related tasks when the accident occurred, such as:

Delivering goods
Driving a company vehicle
Running a professional errand
Transporting passengers

Employers can be liable if they fail to screen, train, or supervise employees properly or if they allow an employee to drive knowing they were intoxicated.

Insurance Companies

Insurance companies play a pivotal role in compensating victims. Minnesota’s no-fault insurance system means victims can file claims with their own insurance providers to cover medical bills and lost wages, regardless of who was at fault. However, for more severe injuries, victims may pursue compensation from the impaired driver’s insurance through a personal injury claim.

Steps to Take After a Drunk Driving Accident

If you or a loved one is involved in a drunk driving accident, here are the immediate steps you should take to protect your rights and build a strong case:

Call 911: Report the accident to ensure an official police report is filed.
Seek medical attention: Even if you don’t feel seriously injured, get checked by a medical professional. Many injuries, like concussions or internal trauma, may not be immediately apparent.
Gather evidence: If possible, take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from any witnesses.
Retain all records: Keeping detailed records of medical treatments, property damage, and lost wages will help build a stronger case for compensation.
Contact a Minnesota drunk driving accident attorney: Insurance companies will try to minimize your claim. To ensure you receive fair compensation, consult a personal injury attorney to learn more about your rights.

What To Know After Drunk Driving Accidents in Massachusetts

Author

Attorney Jim Glaser

Jimmy is the founder of Jim Glaser Law and has been practicing law since 1995. Born and raised in Sharon, MA, he is licensed in Massachusetts and has been recognized on The National Trial Lawyers’ A-List as one of the top 100 most influential advertising attorneys in the nation.

December 27, 2024

A police officer administers a breathalyzer test to an intoxicated driver at the scene of an accident.

If you’ve been in an accident caused by a drunk driver, the most important steps are to ensure your safety, call 911, seek medical attention, gather evidence, and consult a lawyer. Drunk driving accidents often result in severe injuries, and insurance companies may try to minimize your settlement. Having an attorney on your side can help you maximize compensation and hold all responsible parties accountable.

Key Points

Drunk driving is illegal in Massachusetts, and offenders face severe penalties, including license suspension, jail time, and fines.
Dram shop laws in Massachusetts allow victims to hold bars or restaurants liable for over-serving intoxicated individuals who later cause accidents.
Other parties may be liable in a drunk driving accident, including employers and vehicle owners if they negligently allowed an intoxicated person to drive.
A personal injury lawyer can help you recover full compensation, identify all responsible parties, and protect your rights against insurance company tactics.

What To Do If You’ve Been Hit by a Drunk Driver

Being involved in an accident with a drunk driver can be overwhelming, but taking the right steps immediately after the crash can help protect your health, legal rights, and ability to seek compensation. Here’s what to do if you’ve been hit by an impaired driver:1. Get to Safety

Your safety comes first. If possible, move to a safe location away from traffic to prevent further injury or damage. If you or others are seriously injured, stay in place and wait for emergency responders.2. Call 911

3. Get Medical Treatment

4. Collect Evidence

5. Report the Accident to Your Insurance Company6. Consult a Lawyer

The Penalties for Driving Drunk

Driving under the influence in Massachusetts, known as an OUI, results in serious penalties, including:

Implied Consent Law: Mandatory breathalyzer test; refusal leads to license suspension.
License Suspension:
- BAC of .08% or higher: 30-day suspension.
- Test refusal: 180 days to lifetime suspension based on prior offenses.
Criminal Penalties: Jail time and fines that increase with repeat offenses.
- First offense: Up to 2.5 years in jail, $500-$5,000 fine, 1-year license suspension.
- Subsequent offenses: Harsher penalties, including longer jail time and higher fines.

Additional consequences a drunk driver may face include possible vehicle impoundment, installation of an ignition interlock device, and mandatory treatment programs.

Further Impacts of Driving Drunk

Beyond the legal penalties, the effects of drunk driving can be devastating. When someone chooses to drive under the influence, they risk not only their own life but also the lives of others.

A drunk driver can cause severe accidents leading to:

Injury or Death: Drunk driving significantly increases the likelihood of serious accidents, potentially resulting in severe injuries or fatalities for drivers, passengers, and innocent bystanders.
Emotional Trauma: Survivors of such accidents often experience lasting emotional and psychological trauma. Families who lose loved ones to drunk driving face immense grief and irreversible loss.
Financial Burden: Victims of drunk driving accidents may incur substantial medical expenses, lost wages, and costs related to property damage, creating long-term financial hardships.

For those who have been hit by a drunk driver, the pain and disruption caused by someone else’s recklessness can be life-altering, highlighting the need for strict enforcement and public awareness of DUI laws as well as access to fierce legal representation.

Dealing With Insurance Companies After Being Hit by a Drunk Driver

Insurance companies know that they have a poor legal case when their insured causes damages because he or she was driving while intoxicated. As such, the insurance adjuster will likely contact you shortly after the accident to offer you a small settlement to close out the case. This resolves the claim quickly, often before you fully understand the extent of your damages and what your case could be worth.

It is a good idea to speak with a Boston car accident lawyer before talking to an insurance company. An experienced attorney will be able to let you know what your claim is worth and help you estimate potential future damages, including medical expenses and lost wages. Sometimes, you need extra time to determine how your accident will affect you in the long run. Settling quickly may not provide you with enough funds for the future.

Who Can Be Held Liable in an OUI Accident?

Other parties besides the driver and his or her insurance company may be involved in a drunk driving case. In fact, in some cases, the driver may not be the actual liable party. Additional at-fault parties could include the following:

Dram Shop Laws: Establishments that serve alcohol, such as bars and restaurants, can be held liable if they over-serve a visibly intoxicated person who then causes an accident. These laws are designed to hold businesses accountable for their role in contributing to drunk driving incidents.
- Massachusetts Dram Shop Laws: In Massachusetts, if a bar or restaurant continues to serve alcohol to a visibly intoxicated patron, they can be held partly responsible for any resulting accidents. This liability can be pursued alongside claims against the driver.
Employer Liability: In some cases, an employer may be held responsible if an employee causes an accident while driving under the influence during work-related activities. This can include scenarios where alcohol was consumed at a company event or while performing job duties, as well as instances where the employee was driving a company vehicle.
Vehicle Owners: If the driver was operating a vehicle owned by someone else, the vehicle owner could be held liable. This is particularly relevant if the owner knowingly allowed an intoxicated person to drive their vehicle.

Holding all responsible parties accountable ensures a more comprehensive approach to justice and compensation, addressing the broader context of the incident beyond the actions of the drunk driver alone.

Have an Attorney on Your Side

If you’ve been hit by a drunk driver, having legal representation can make a significant difference in your case. A skilled attorney from Jim Glaser Law can help you navigate the complexities of dealing with insurance companies, ensuring you receive fair compensation for your injuries and damages. We can be sure you identify all liable parties, including the drunk driver, establishments that over-served alcohol, employers, and vehicle owners, to ensure you achieve comprehensive justice.

Your attorney will advocate for your rights, provide guidance through the legal process, and help you make informed decisions about your case. Get a free consultation to find out how we can help in securing the compensation you deserve and holding all responsible parties accountable.

Drunk Driver Tries To Play The Victim, Ends Badly

Girl Decides To Make Things 10X Worse

Police Weren’t Expecting Her To Do This

Police Weren't Expecting Her To Do This

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