Great Falls Drunk Driving Accident Lawyer

Trusted Drunk Driving Accident Attorney in Great Falls, MT

An accident caused by an impaired driver can result in serious injuries to other motorists. The injured may face medical bills, lost time at work, vehicle damage expenses, and long-term health issues. Collisions can happen anywhere in Great Falls, including along I-15, U.S. Highway 87, 10th Avenue South, and roads near downtown Great Falls. A Great Falls drunk driving accident lawyer may review the crash and determine your options.

Connect With a Local Law Firm With Decades of Personal Injury Experience

At Bliven Law Firm, P.C., we represent individuals injured in car accidents all over Montana, including here in Cascade County. For over three decades, our lawyers have worked on injury cases. We typically try to settle personal injury claims out of court when possible. We can litigate, if necessary, to obtain just compensation.

Understanding Drunk Driving Accident Laws in Montana

MCA § 61-8-1002 establishes Montana’s DUI statute, which defines DUI as operating or having actual physical control of a vehicle on a public road under specific conditions, including:

• Being under the influence of alcohol
• Under the influence of drugs
• A combination of the two

If you are driving a non-commercial vehicle, Montana’s drunk driving law considers an alcohol concentration of 0.08 or more as another means of committing DUI. However, for a person driving a commercial vehicle, the drunk driving limit is 0.04.

The Fatality Analysis Reporting System (FARS) data for 2023 show Montana surpassed the U.S. Average of drunk driver fatalities per million vehicle miles traveled. Montana’s rate was 0.52 drunk drivers killed per million VMT for 2023, compared to the U.S. Rate of 0.38. The FARS Data also reveals that 34% of Montana’s fatalities were caused by drunk driving in 2023, up from 33% in 2022.

Criminal DUI Cases and Civil Injury Claims Are Separate

The driver who caused a drunk driving accident may be charged with a crime. Injured parties may file a claim to recover compensation for their losses. These are two separate issues. A criminal case revolves around whether the defendant committed a crime and what penalties the court should impose. A civil injury claim involves who was at fault for the accident and what damages the injured party is entitled to recover.

A DUI conviction for the at-fault driver doesn’t automatically mean that the injured person is going to be compensated without further action. Instead, a drunk driving accident claim may need to be processed separately through the civil justice system.

Information obtained during the drunk driving investigation may be used within the civil claim. This could include alcohol testing results, police reports, witness testimony, and physical evidence from the crash.

Liability of Restaurants and Bars

Depending on the facts of the case, more than one party may be responsible for a drunk driving accident. According to Montana Code Annotated § 27-1-710, the state has specific civil liability regulations for individuals who sell or provide alcohol.

A bar or restaurant is not automatically liable just because they served someone who later caused an accident. However, Montana does allow for a person or business to be held liable if, under certain conditions, they served alcohol to someone who is under the age of 21 or is already intoxicated.

Investigating these incidents requires a thorough look into where the impaired driver had drinks, when they were served, and what the server might have known regarding their age or how much they’d had.

Compensation You Can Recover

A victim who suffers injuries in a drunk driving accident may recover compensation for current and future expenses, including:

• Medical bills
• Rehabilitation
• Lost wages
• Loss of earning capacity
• Property damage
• Pain and suffering

Injuries may also cause a person to suffer long-term health issues and decreased ability to function. An attorney can help identify compensation for damages you suffer. Wrongful death may be recovered if a loved one dies in an impaired driving crash.

Hire a Drunk Driving Accident Lawyer With Drunk Driving Accident Experience in Great Falls

An injured victim may hire a drunk driving accident lawyer to investigate the crash and manage the evidence needed for a civil claim. A Great Falls drunk driving accident attorney can also watch for information discovered during related criminal proceedings that may help with the civil claim.

FAQs

What Should I Do if the Drunk Driver Leaves the Scene?

If a drunk driver leaves the scene, call law enforcement and try to gather as much information as possible about the vehicle that hit you. Providing information such as the vehicle’s make, model, color, license plate number, and direction of travel can help police locate the driver. You should not attempt to follow the drunk driver. Document the scene of the accident by taking pictures and getting contact information from witnesses.

Can I File a Claim if the Drunk Driver Was Uninsured?

You may still be able to file a claim if the drunk driver was uninsured. If a drunk driver has no liability insurance that applies, there may be other avenues of recovery for an injured person. The injured person’s uninsured motorist coverage under their own auto insurance policy could cover damages.

What Happens if the Drunk Driver Refuses a Breath or Blood Test?

If the drunk driver refuses a breath or blood test, police officers can gather evidence of impairment by means other than chemical testing. Refusal to take a breathalyzer or blood test comes with its own criminal penalties but does not bar a civil action against the driver. An injury claim is separate from criminal charges and does not require presentation of a specific test result to prove negligence or impaired driving.

Can I File a Claim Against a Drunk Driver if They Were Never Charged With a DUI?

Yes, you can file a claim against a drunk driver if they were never charged with a DUI. A DUI conviction is not necessary to file a civil claim for damages. DUI charges require proof beyond a reasonable doubt, while civil claims require proof by a preponderance of the evidence. Also, prosecutors can reduce or dismiss charges even if a person was at fault for causing an accident.

Advocacy in Great Falls That You Can Count On

Bliven Law Firm, P.C., can help you in your case if you were in an accident involving a drunk driver. Contact us for more information.

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