3 FAQs About Drunk Driving Accident Claims

When someone has a habit of getting behind the wheel while impaired, it’s not really a question of if they’ll cause a wreck but, rather, of when. Alcohol affects both cognitive processing and physical coordination, making it virtually impossible to operate a vehicle safely in traffic. The more cars there are in the vicinity, the more likely a drunk driver is to strike one.

Thankfully, those who do end up getting hit by impaired motorists can usually hold them accountable. If you were seriously hurt in such an accident, here’s what you should know about proceeding with a claim:

1. What Kinds of Evidence Will I Need to Present to Prove Liability?

While presenting evidence of the motorist’s impairment will help you assign blame, it won’t be enough to secure a payout. You’re also going to have to demonstrate how their erratic driving actually caused the crash.

In addition to the official police report and the results of any relevant toxicology tests, evidence that will help you prove liability may include:

• Photographs of the scene;
• Eyewitness testimony;
• Dash cam footage or surveillance recordings of the collision; and
• Statements from accident reconstruction experts.

2. What Kinds of Damages Can I Recover?

In Minnesota, drunk driving accident victims are entitled to compensation for both the economic and non-economic damages that they incur. Such losses might include:

• Medical bills;
• Home care;
• Property repairs;
• Lost wages;
• Loss of earning capacity;
• Alternative transportation;
• Replacement services;
• Domestic help;
• Home and vehicle modifications;
• Mental anguish;
• Loss of enjoyment in life; and
• Pain and suffering.

Depending on the circumstances, it may also be possible to recover a punitive award. Minnesota allows for punitive damages in cases where defendants knew—or should have known—that their conduct had a high probability of causing injury.

3. How Long Do I Have to File a Formal Suit?

If the drunk driver’s carrier refuses to accept liability or to offer a fair settlement, you may have to take them to court. In Minnesota, you’ll likely have six years from the date on which you were hurt to do so. If your loved one died in the accident, though, and you’re filing a wrongful death suit, you may have as little as three years to commence the trial proceedings.

Since there are a few other exceptions that could shorten this deadline considerably, it’s advisable to call a lawyer as soon as possible.

Discuss Your Claim with a Car Accident Lawyer in Minneapolis

If you were seriously hurt in a drunk driving accident, turn to Bradshaw & Bryant for guidance. Should you have grounds for a claim, we’ll help you gather the evidence needed to pursue the maximum compensation possible.

For six years in a row, attorney Michael Bryant has been named SuperLawyer and has been recognized by Minnesota Law & Politics as one of the state’s Top 40 Personal Injury Lawyers. To schedule your free case review with a car accident attorney in Minneapolis, call 800-770-7008 or complete our Online Contact Form.