Holiday celebrations in Minnesota can quickly turn tragic when drunk drivers get behind the wheel. One reckless decision by an impaired driver can leave you with life-changing injuries, crushing medical bills, and months – or longer – of recovery. You did not choose this, but you can choose to fight back.
TSR Injury Law represents Minnesota victims injured by drunk drivers during the holidays or anytime throughout the year. Our experienced car crash attorneys know how to build strong cases against impaired drivers and their insurance companies. We handle the legal fight while you focus on healing and getting your life back on track.
Drunk driving cases require immediate action to preserve critical evidence and protect your legal right to compensation. Insurance companies often try to minimize payouts or deny valid claims. You need a knowledgeable legal team that has deep knowledge of Minnesota law and will not back down from aggressive insurers.
Injured by a drunk driver in Minneapolis? Call TSR Injury Law for a free case review today. (612) TSR-TIME
What Should I Do First if I Was Hit by a Drunk Driver
Drunk driving crashes are different from other types of collisions. Often the impaired driver may try to flee before police arrive. They may also exhibit unpredictable behavior or become aggressive at the crash scene. In this situation, it is vital that you put your safety first and avoid engaging with the drunk driver. Even in this situation, though, there are steps you can take to protect yourself and your claim.
First steps to take after being hit by a driver you believe to be drunk or impaired:
- Call 911 Immediately: Tell the dispatcher you think the other driver is drunk. Voice your concerns if the driver also seems aggressive. The dispatcher may stay on the phone with you in that situation until police arrive. Police can assess the other driver when they arrive at the scene.
- Stay at the Scene: Never leave a crash scene before police arrive. Officers need to take your statement, document the crash scene, and test the other driver for alcohol or drugs.
- Stay in Your Vehicle if Safe: Don’t approach a potentially intoxicated driver. They may be combative, confused, or attempt to leave the scene. If your car comes to rest in the middle of traffic and you can safely move it, drive it to the side of the road and away from traffic.
- Note Specific Signs of Impairment: From your vehicle, observe and write down any signs of slurred speech or behavior patterns that indicate the driver is impaired.
- Watch for Flight Risk: Note the other vehicle’s license plate and description. Drunk drivers often panic and flee the scene. Any details you can capture or recall can help police locate the driver and vehicle.
- Get Medical Attention Immediately: Don’t refuse medical care at the scene and tell emergency responders about any symptoms you have after the crash, no matter how small. Seek an emergency medical evaluation at a nearby hospital right after the crash. Adrenaline can mask serious injuries in the moments to hours after a crash, and you want to rule out any internal bleeding or organ damage that may have occurred at impact.
- Preserve Phone Records and Dash Cam Footage: Your call logs and GPS data can prove where you were and when the crash occurred. If you have dash cam footage that captured the crash, this may also support your claim. Do not delete or modify it in any way. Your attorney will know the correct/legal way to preserve and use this evidence.
- Don’t Give Statements or Sign Anything Without Legal Advice: Insurance companies may pressure you to settle quickly before you fully understand your injuries.
Call TSR Injury Law Before Talking to Any Insurance Company at (612) TSR-TIME Our winning Minneapolis legal team will help you navigate the process, take next steps while evidence is fresh, and protect your legal rights.
How Is a Minnesota Car Crash Claim Different if the At-Fault Driver Was Drunk?
Drunk driving crashes will result in both a criminal case and a civil injury case. The criminal case punishes the driver. Your civil case seeks to compensate you for your injuries, medical costs, and other losses. These two cases are separate legal matters with different purposes and timelines.
- Crash Scene Investigation Is More Thorough: Officers document chemical test results, field sobriety tests, and any witness statements that observed the driver’s impairment.
- Criminal Cases Can Support Your Claim: Criminal proceedings of the driver’s intoxication and behavior create official records that can be used to support your claim.
- Punitive Damages May Be Available: Some drunk driving cases are so egregious that they qualify for punitive damages. These damages go beyond covering your economic and non-economic losses.
- The Driver’s Conduct Matters: Choosing to drive drunk demonstrates reckless disregard for the safety of others.
- Check Your Own Insurance Coverage: Under Minnesota’s mandatory requirement to carry uninsured and underinsured motorist insurance, your policy should provide at least the minimum coverage if the drunk driver is either underinsured or has no insurance at all.
Can I Still Sue if the Drunk Driver Who Hit Me Left the Crash Scene?
Hit-and-run crashes trigger police investigations, but there is no guarantee they will find the driver who hit you. That said, you can pursue a claim for compensation for both situations where the police are able to locate and identify the driver who fled or even if they cannot find the drunk driver.
Be sure to report the crash immediately and provide as many details about the vehicle and driver as you can recall. All details, especially recording the license plate, can help police with their investigation. Leaving a crash scene creates additional criminal liability for the driver.
Your UM/UIM Policy Provides Some Compensation if the At-Fault Driver Flees
If the driver cannot be located, you still have some additional options for compensation through your own policy.
No-Fault Insurance Protection
Minnesota is a no-fault insurance state, and the state’s minimum coverage requirement provides you with some protection no matter who caused the crash. If you only purchase the minimum required limits, your no-fault insurance pays up to $20,000 of your initial medical costs and up to $20,000 of your lost wages. You can purchase higher amounts of coverage to give you even more protection.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
Minnesota requires all drivers to carry uninsured and underinsured motorist coverage as part of their auto insurance. The mandatory minimum required auto insurance coverage is $25,000 per person and $50,000 per incident. Again, you can purchase higher limits for better protection. The additional coverage is a small price to pay for peace of mind. This is especially true if you sustain severe, life-altering injuries, and the at-fault driver cannot be found or lacks sufficient insurance.
We recommend reviewing your policy at least once per year to make sure you have the protection you need and understand the coverage you purchased.
What Could My Car Crash Claim Be Worth in Minnesota?
It is important to understand that no two crashes have the same value. Even similar types of traffic incidents can result in very different settlement amounts. The value of your claim depends on multiple factors unique to your situation.
These and other factors impact the total value of your claim:
- Extent and severity of the injuries you sustained
- Medical expenses – including your initial costs after the crash, present treatment, and future care
- Lost wages while you are unable to work
- Pain and suffering
- Permanent disabilities, scarring, and disfigurement
- How the crash impacts your daily life and future
- The length of your recovery
- Your need for ongoing medical care
- Prior similar injuries
The amount of compensation you recover is also impacted by the overall insurance limits available
Punitive Damages May Be Awarded
Courts consider the driver’s conduct when deciding whether to award punitive damages. Driving drunk shows a willful disregard for the safety of others. However, not every drunk driving case qualifies for these additional damages.
Punitive Damages Are Not Automatic and Are Separate Compensation
Punitive damages are separate from the compensation you receive for medical bills, lost wages, and pain and suffering. They serve a different purpose. The purpose of economic and non-economic damages is to help make you whole again. Punitive damages have a completely different purpose; they are to punish particularly harmful behavior.
Punitive Damages Are Not Capped in Minnesota
Minnesota does not cap punitive damages. The amount awarded depends on the specific facts of your case and the driver’s conduct. Your attorney must present evidence showing why punitive damages are appropriate in your situation.
Punitive Damages Requires Solid Evidence and Documented Proof
Pursuing punitive damages requires thorough documentation of the drunk driver’s actions. The legal standard for these damages differs from proving your injury claim. An experienced attorney knows how to build a case that supports a request for punitive damages.
FAQs About Holiday Drunk Driving Crashes in Minnesota
What is a victim impact statement for a DUI?
A victim impact statement is part of the criminal case against the drunk driver. You have the opportunity to tell the court how the crash affected your life. This statement happens during the sentencing phase of the criminal proceedings. You can describe your injuries, emotional trauma, financial losses, and how the crash changed your daily life. The judge considers your statement when deciding the driver’s punishment. However, the victim impact statement does not directly affect your civil injury claim for compensation. Your civil case remains separate from the criminal case.
How much can you sue for if a drunk driver hits you?
The value of your case depends on your specific circumstances. Every crash is different. Your medical expenses, lost wages, pain and suffering, and permanent injuries all factor into the amount. The drunk driver’s insurance coverage and your own insurance policies affect what you can recover. Some cases qualify for punitive damages in addition to compensating your actual losses. Consult with TSR Injury Law to understand what your specific case may be worth.
On what holiday do most drunk driving crashes occur?
Several holidays see increased drunk driving crashes. New Year’s Eve, Independence Day, Thanksgiving, and Christmas typically have higher rates of impaired driving incidents. Law enforcement often increases DUI patrols during these times. However, drunk driving crashes happen throughout the year, not just during major holidays. Any celebration involving alcohol can lead to impaired driving and serious crashes.
How Long Do I Have to File a Claim After a Drunk Driving Crash in Minnesota?
Minnesota law gives victims six years from the date of their injury to file a claim. Missing this deadline causes you to lose your right to seek compensation forever – no matter how badly you were hurt or how much evidence there is against the other party. The clock starts ticking from the date of your crash. Different types of claims may have different time limits (as short as 1 year) so be sure to check with a qualified attorney to determine what filing deadline applies in your situation.
We strongly recommend contacting an attorney immediately after your crash. Building a strong case takes time. Your attorney needs to investigate, gather evidence, interview witnesses, and calculate your full damages. Waiting until just before the deadline leaves insufficient time to prepare properly.
How a Holiday Crash Could Affect How Quickly Evidence Can Be Preserved
Holiday crashes create unique challenges for preserving evidence. Witnesses visiting from out of town return home after the holidays. Tracking them down later can be much harder or, in some cases, impossible. The longer you wait to get a witness statement, the more likely critical details are to fade.
- Businesses close during holiday weekends. Surveillance footage from nearby stores, restaurants, or gas stations may not be accessible immediately. Many systems automatically overwrite footage after a short period. Delayed access means lost evidence.
- Law enforcement agencies experience backlogs during holidays. Getting copies of police reports, crash scene photos, and witness statements may take longer than usual.
- Attorney offices may have limited hours during major holidays. However, evidence preservation cannot wait.
Contact TSR Injury Law at 6128778463 immediately, even during holidays. We understand the urgency and take steps to protect your case right away.
Can You Sue the Social Host, Bar, or Restaurant That Served the Drunk Driver?
You may have legal claims against more than just the drunk driver that caused your crash. Minnesota’s dram shop laws recognize that some parties who provide alcohol share responsibility when someone drives drunk and causes a crash. These third-party liability claims can provide additional compensation beyond what the driver’s insurance covers.
Bars and Restaurants That Overserve
Commercial establishments that serve alcohol have a legal duty to their patrons and the public. The state’s dram shop law prohibits bars and restaurants from serving someone who is visibly intoxicated. They also cannot serve alcohol to minors. When these establishments violate these duties and someone gets hurt, they may be held liable.
Proving a bar or restaurant overserved the drunk driver requires evidence. Witness testimony, receipts, credit card statements, and surveillance footage help establish how much the establishment served. Your attorney investigates the driver’s activities before the crash to identify which establishments may bear responsibility.
Social Hosts Who Provide Alcohol
Private individuals who host parties or gatherings can face liability under Minnesota law. Social host liability applies when hosts serve alcohol to minors or to visibly intoxicated persons.
A social host is anyone who provides alcohol at a private residence or event. The host’s responsibility depends on what they knew or should have known about the person’s condition. Social host cases require proving the host served someone they knew was already intoxicated or served a minor. These cases are complex and require thorough investigation of the events leading up to the crash.
Third-party liability claims increase your potential compensation sources. This is critical, especially if the drunk driver lacks sufficient insurance to cover your damages. Pursuing all responsible parties helps to ensure you receive full compensation for your injuries.
Call TSR Injury Law for Legal Help With a Drunk Driving Crash Claim in Minnesota
Time matters in drunk driving cases. Evidence disappears quickly; witnesses forget critical details or return home after the holidays, and insurance companies move quickly to minimize what they pay. You don’t have to navigate the legal process alone – and we strongly recommend you don’t try it.
At TSR Injury Law, our reputable law firm is prepared to manage every aspect of your case, allowing you to fully focus on your recovery. There are no upfront fees or out-of-pocket costs to pay. We take injury cases on contingency, so we only get paid if you do.
Injured by a drunk driver? Call (612) TSR-TIME to speak with a TSR Injury lawyer today.
Your case review is cost and risk-free, and we would be honored to help you
