FREE CASE EVALUATION!
It’s easy. Tell us about your case. Our attorneys will review and get back to you ASAP!
Verdicts and Settlements
Over $1 Billion
Awarded to Our Clients Since 1952
Table of Contents
Sample Car Accident
Wins for our Clients
Don’t Regret Your Decision
Request a FREE case evaluation and find out what Minnesota’s original personal injury law firm can do for you. We have the resources, the experience and the proven track record to provide you outstanding representation and peace of mind.
Or Call 24/7 Toll Free:1 (800) 231-6631
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.
Table of Contents
Don’t wait – your rights matter. Contact us now to discuss your drunk driving accident claim.
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.
PRO TIP:
Do not give recorded statements to insurance companies before consulting with an attorney. Insurers may use your words to devalue your claim.formation, check out our guide:
How We Handle Drunk Driving Accident Claims at SiebenCarey
At SiebenCarey, we guide you through every step of your claim, focusing on maximizing compensation and reducing stress.
Free Consultation and Case Evaluation
We start with a no-cost consultation to review your case, explain your rights, and explore your legal options. This initial discussion aims to help you understand the potential value of your claim and the legal process ahead.
Thorough Investigation
Our legal team, including on-staff investigators, conducts an in-depth investigation, gathering vital evidence such as:
- Police reports
- Medical records
- Eyewitness accounts
- Expert testimony (if needed)
Our in-house legal investigators will ensure we have the proof to establish liability and build a strong case on your behalf.
Dealing with Insurance Companies
We manage all communications with insurance companies, pushing back against lowball settlement offers. We aim to secure compensation for your medical bills, lost wages, pain and suffering, and more. We are prepared to go to court if a fair settlement can't be reached.
Pre-Trial Negotiations and Mediation
After a lawsuit is filed, many cases are resolved before trial through pre-trial negotiations or mediation. During this phase, we continue working on your behalf to secure the best possible outcome.
Trial Preparation
If your case goes to trial, our courtroom-veteran attorneys will present a compelling argument, backed by evidence, to fight for the best outcome. We will represent your interests aggressively and professionally throughout the process.
Post-Trial Support
After a trial concludes, work may be needed to ensure you receive the compensation awarded by the court. Our team will handle the post-trial process, including collecting damages and handling any appeals that may arise from the defendant or their insurance company. SiebenCarey has experienced appelate attorneys on staff, which is not always true at other firms.
Let SiebenCarey Help with Your Minnesota Drunk Driving Accident Case
At SiebenCarey, we understand the emotional, physical, and financial toll that a drunk driving accident can have on you and your family. Our attorneys provide compassionate, aggressive representation to ensure that you are fully compensated for your losses. With decades of experience and a deep understanding of Minnesota’s DWI laws, we are here by your side from start to finish.
If you are injured in a drunk driving crash, let us help you secure the justice and compensation you deserve. You can contact SiebenCarey 24 hours a day for a free consultation at:
- 800-474-4487 (toll-free in MN)
- 612-333-4500
If you're in the hospital or at home recovering from a drunk driving injury, let us come to you! Our Minnesota drunk driving attorneys have offices conveniently located in:
Reach out today, and let us know how we can help!
Minnesota Drunk Driving Accident FAQs
Can I file a lawsuit if I was partially at fault for an accident?
Yes, Minnesota follows a comparative fault system. You can still file a claim even if you are partially responsible for the accident. However, your compensation will be reduced based on your percentage of fault. For instance, if you are found to be 35% responsible, your total compensation package will be reduced by 35%.
What is the “Dram Shop Law” in Minnesota?
Under Minnesota’s Dram Shop Law, you can file a claim against the establishment that served alcohol to a customer who was visibly intoxicated and later caused the crash. These claims can help expand the sources of compensation beyond the drunk driver’s insurance.
What if the drunk driver doesn’t have insurance?
If the drunk driver does not have insurance or has inadequate coverage, you may be able to recover compensation through your own uninsured and underinsured motorist coverage. Minnesota also has no-fault insurance, which provides benefits like medical coverage regardless of who was at fault in the accident.
What is the Minnesota Ignition Interlock Program?
Minnesota’s Ignition Interlock Program requires certain DWI offenders to install a device in their vehicles that prevents them from starting the car if alcohol is detected on their breath. This program is mandatory for repeat offenders and drivers with a BAC of 0.16% or higher.
What if the drunk driver who hit me flees the scene?
If the drunk driver fled the scene of the accident, it is considered a hit-and-run accident. Law enforcement will investigate, and if the driver is found, you can file a claim against them directly. If the driver is not located, you may seek coverage from your uninsured/underinsured coverage. No-fault insurance will also cover immediate medical expenses regardless of fault.
Can I file a lawsuit if the drunk driver has been charged with a crime already?
Yes, you can still file a personal injury lawsuit even if the drunk driver has been charged with or convicted of a crime. The criminal case is separate from your civil claim. A criminal charge, such as a DWI, aims to punish the driver for breaking the law, while a civil lawsuit allows you to seek compensation for damages such as medical expenses, lost wages, and pain and suffering.
Get Fair Compensation with Help From SiebenCarey!
Take the first step toward justice and recovery today by contacting SiebenCarey for a free case evaluation! Our attorneys are standing by to help you explore your options and fight for your rights.
We are available 24/7 to discuss your case and help you choose the best path forward. Let SiebenCarey help you win ALL the compensation you deserve!
Minneapolis Office
901 S Marquette Avenue, Suite 500Minneapolis, Minnesota 55402
Phone: 612-333-4500Fax: 612-333-5970