Montana Drunk Driving Accident Lawyer

Drunk Driving Accident Attorney In Montana

Drunk driving crashes can leave survivors with life-altering, catastrophic injuries. Some injuries can lead to millions of dollars in expenses over the course of a lifetime. Fortunately, you may be able to hold a drunk driver accountable for causing wrongful death or injury with the support of a Montana drunk driving accident lawyer.

Did you know that Montana and Oregon rank among the worst states in the country for fatal drunk-driving accidents per mile driven? According to the Montana and Oregon Department of Transportation, drunk driving was responsible for 58 percent of statewide fatal car accidents in 2019.

Any type of driving under the influence (DUI) can potentially lead to criminal charges as well as civil claims from injured victims. The Montana Highway Patrol issued 173 citations for drunk and drugged driving statewide in 2022.

What to Do After an Intoxicated Driving Accident in Montana

The aftermath of any accident can be traumatic and confusing, so knowing the first steps to take in this situation is crucial to your recovery: 

• If you are able to do so, call 911 to report the accident. State law requires drivers to report accidents resulting in significant property damage, injury, or death. Do not leave the scene of the crash until first responders arrive and allow you to leave.
• Record as much as you can from the accident scene while you wait for first responders. Photos or videos of your injuries, the damage to your vehicle, and the positions of the vehicles on the road could all be crucial to your case.
• If you observe any signs that indicate the other driver is intoxicated, be sure to notify responding officers of these details.
• Try to obtain contact information from any witnesses. Try to avoid discussing fault at the scene of the crash.
• Once you have received medical treatment for your injuries, you should secure a copy of the police report and any evidence you will need to give to your attorney.
• Hire a personal injury lawyer who has proven experience representing clients in drunk driving accident cases.
• Your attorney can help you notify your insurer about the accident and explain the steps you will likely need to take to recover your losses.

Consulting experienced legal counsel is one of the most important steps to take after an accident with a suspected intoxicated driver. You have the right to seek compensation for the damages they caused, and your attorney can explain how the at-fault driver’s illegal misconduct could influence your civil case.

Montana’s Impaired Driving Laws and How They Affect Your Case

When most people think of intoxicated driving, they immediately think of drunk driving. However, intoxication can include alcohol, drugs, or both. Under Montana’s DUI laws, the blood-alcohol concentration (BAC) limit for most drivers over the age of 21 is 0.08%. Anything over this amount is considered intoxicated driving. The limit is reduced to 0.04% for commercial drivers and 0.02% for drivers under 21.

When it comes to drugged driving, Montana’s THC limit is 5ng/ml. Drivers found guilty of intoxicated driving of any kind face criminal charges from the state, and penalties can increase significantly if they caused severe or fatal harm. When it comes to your civil claim for damages, you will need evidence beyond just a BAC reading to prove the intoxicated driver is responsible for your damages.

Common Drunk Driving Accident Injuries

Drunk or drugged drivers have compromised judgment and coordination. As a result, a person under the influence of drugs or alcohol is less able to drive safely. Impaired drivers are more likely to speed and make dangerous maneuvers. Any negligence behind the wheel could lead to liability for a resulting accident, but when a driver breaks the law by driving while intoxicated, they also face criminal charges.

In Montana, when you believe another driver caused your accident in any way, you must establish fault before you can recover any compensation for the damages they caused. Your Montana drunk driving accident attorney can assess your total damages, determine the optimal way to recover these damages from the at-fault driver, and help you resolve any unexpected challenges that arise as your case unfolds.

When crashes occur, the resulting injuries can be serious. Possible drunk driving accident injuries include:

• Traumatic brain injuries
• Severe burn injuries
• Broken bones
• Lacerations and cuts
• Post-Traumatic Stress Disorder (PTSD)
• Musculoskeletal injuries (whiplash injuries)
• Internal bleeding
• Spinal cord injuries

Montana and Oregon Dram Shop Laws and DUI Liability

Montana and Oregon are two U.S. states that have “dram shop” laws. The Montana and Oregon Dram Shop Acts could affect who is liable for paying your damages after a DUI crash.

In Montana, shop owners, stores, hosts, bars, and other venues may be liable for a DUI crash under either of the following circumstances:

• The patron is under 21 years old. A business may be liable for damages if it knew the patron’s age or did not make an attempt to ascertain the patron’s age.
• The patron is visibly intoxicated. A business may be liable for damages if it overserved a visibly intoxicated patron who caused a wreck.

You may be able to hold an establishment responsible for a DUI accident if any of the above is true. Contact us for a free consultation to learn more about whether Montana and Oregon dram shop laws apply to your case.

Do I Need an Attorney After a Drunk Driving Accident?

Drunk driving accidents may result in serious injuries. Some car accident injuries can result in millions of dollars in expenses. For example, a younger person with a C1-C4 (high tetraplegia) spinal cord injury could incur more than $4 million in health care and living costs alone over the course of a lifetime. This figure does not include lost income, loss of future earnings, or pain and suffering.

If a drunk driver harmed you or a loved one, then you should consider speaking with an attorney from our firm. Our lawyers have helped many clients throughout the state recover from drunk driving accidents.

Recovering compensation from a car accident settlement or verdict could help pay for expenses that include:

• Health care and rehabilitation.
• Home and car modifications.
• Loss of income.
• Loss of future earnings.

Listed above are economic damages. There are also non-economic damages to consider. These damages are often called “pain and suffering damages”. An experienced Montana drunk driving accident lawyer can determine an appropriate amount of pain and suffering compensation that reflects the severity of the injuries you suffered because of the defendant’s illegal misconduct.

Contact Our Drunk Driving Lawyers for a Free Consultation

Questions about liability after a drunk driving accident? Schedule a free consultation to speak with a drunk driving accident lawyer with our firm today.

Why You Should Hire an Injury Lawyer

If you were injured in a drunk driving collision, your top priority should be to hire a drunk driving accident attorney. In 2023, roughly one in seven arrests made by law enforcement across Montana involved alcohol-related DUI offenses, with authorities reporting close to 4,000 total arrests for impaired driving that year.

The decision to hire a drunk driving accident lawyer ensures that your drunk driving case can hold the intoxicated driver accountable for the harm they caused. An attorney can also be an invaluable asset if a loved one has died in a drunk driving accident. Almost nine out of 10 fatal crashes in Montana take place on rural roads.

Whether you were harmed along Interstate 90, U.S. Highway 93, or Montana Highway 200, accidents on Montana’s busy and often rural roads can lead to devastating injuries. Understanding the state’s drunk driving laws and your rights is crucial for securing a fair settlement or case award. Reach out to Bliven Law Firm, P.C. to learn how we can help with your drunk driving accident case.

FAQs

How Do DUI Accident Claims Work in Montana?

A DUI accident claim in Montana begins with a police investigation that gathers evidence such as test results, witness statements, and crash reports. Your attorney reviews this information to determine liability and calculate damages, including medical costs, lost income, pain, and suffering. Most cases are resolved through settlement negotiations, but if fair compensation isn’t offered, your lawyer can take the case to court to pursue a judgment.

What Challenges Can I Face in an Injury Claim?

Injury claims can be complicated by disputed liability, limited insurance coverage, or incomplete evidence. Insurance companies may minimize payouts or shift blame. Having an experienced attorney helps you overcome these challenges and build a strong case supported by medical documentation and other forms of evidence. If you are falsely accused, your lawyer can set the record straight about who is actually liable for the accident.

Can I Pursue Compensation if the At-Fault Driver Faces Criminal Charges?

Yes. A criminal case is separate from your civil injury claim. Even if the at-fault driver faces DUI charges, you can still pursue compensation for your injuries, medical bills, and other damages through a personal injury claim. A conviction can also strengthen your civil case. The police reports tied to the criminal investigation can support your civil claim.

What Are the Most Common Injuries in a DUI Crash?

Common injuries in DUI crashes include broken bones, spinal cord damage, concussions, internal bleeding, and traumatic brain injuries. Victims may also experience lasting emotional trauma and chronic pain, often requiring long-term medical care and rehabilitation to recover physically and financially. An injury lawyer can account for these and other damages when pursuing compensation.

Schedule a Consultation With Our Drunk Driving Accident Lawyers

If you were injured in a drunk driving accident in Montana, it’s crucial to work with a law firm that understands how to hold negligent drivers accountable. At Bliven Law Firm, P.C., we have represented victims of impaired driving for more than 30 years and recovered compensation for our clients’ medical bills, lost income, and lasting trauma.

Our dedication has earned recognition among the Top 10 and Top 25 Trial Lawyers. When you choose our firm, you can expect clear communication, prompt responses, and consistent updates throughout your case. We offer free consultations to review your accident, explain your legal options, and outline how we can help you seek justice. Contact Bliven Law Firm, P.C., online today to take the first step toward securing the recovery you deserve after a drunk driving crash.

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