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Duluth Drunk Driving Accident Lawyers
A drunk driving accident in Duluth can have devastating consequences, causing severe injuries and mounting medical expenses. When Duluth drivers choose to drive while under the influence, their innocent victims often pay a high price.
At SiebenCarey, we are dedicated to helping Duluth residents recover their damages after being harmed by drunk drivers. We will not rest until we’ve won true justice and secured the compensation you deserve.
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Don’t wait – your rights matter.
Contact us today to discuss your Duluth drunk driving accident claim.
Duluth Drunk Driving Statistics
As a city located on the shores of Lake Superior, Duluth is a hub for tourism, hosting events like the Duluth Airshow and Grandma's Marathon. Unfortunately, these events, along with the city's vibrant bar and restaurant scene, often result in higher rates of impaired driving during weekends and peak travel seasons.
In 2022, Minnesota saw nearly 4,000 accidents involving alcohol, with 2,000 injuries and 145 fatalities. Duluth had more than its share. St. Louis County has historically had one of the highest rates of alcohol-related crashes in northern Minnesota.
Duluth law enforcement has been active in cracking down on impaired driving, especially during holidays and local events. For example, during Labor Day 2023, Minnesota officers, including those from Duluth, made over 1,200 DWI arrests in a statewide crackdown. Every year, Minnesota police arrest roughly 25,000 drivers for driving while intoxicated.
Despite these efforts, alcohol-related accidents continue to be a leading cause of road fatalities in the area. This makes it more important than ever for Duluth residents to remain vigilant against the ever-present danger of drunk driving.
DWI Laws in Duluth
Duluth, like the rest of Minnesota, enforces strict laws against drunk driving. These laws serve to protect the public from the dangers of drunk driving, and the penalties for violating them can be severe.
Blood Alcohol Concentration (BAC) Limits
In Minnesota, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher. For commercial drivers, the legal limit is 0.04%, and for drivers under 21, any detectable alcohol is grounds for a DWI charge. Drivers can even be arrested with a lower BAC than those if they are deemed to be impaired.
Penalties for DWI Offenders
In Duluth, a first DWI offense is classified as a misdemeanor and may result in up to 90 days in jail, fines up to $1,000, and a license suspension for 90 days. If the driver’s BAC is 0.16% or higher, they face a gross misdemeanor charge, which can include up to one year in jail and fines up to $3,000.
Ignition Interlock Program
Repeat offenders and those with higher BACs (0.16% or more) may be required to install an ignition interlock device in their vehicle. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath. Depending on the severity of the offense, offenders may need to use the device for 1 to 6 years to regain driving privileges.
Felony DWI
A fourth DWI within 10 years is considered a felony, carrying penalties of up to seven years in prison and fines up to $14,000. Offenders may also face long-term license revocation and mandatory alcohol treatment.
Refusing to Take a BAC Test
Minnesota’s implied consent law requires drivers to submit to a chemical test if an officer suspects impairment. Refusing to take a breath, blood, or urine test can result in a gross misdemeanor charge and a one-year license suspension, even for a first offense.
Non-Alcoholic Impaired Driving
Alcohol is not the only substance that can lead to an impaired driving charge. Driving while impaired by any substance can result in arrest. This includes:
- Illegal drugs
- Legal drugs (such as medical or recreational marijuana)
- Prescription medication
- Over-the-counter medicines
Statute of Limitations
In Duluth, as in the rest of Minnesota, victims of a drunk driving accident have six years from the date of the accident to file a personal injury lawsuit. However, it’s important to act quickly, as gathering evidence and building a strong case is often easier soon after the accident. Delays could make it harder to secure the full compensation you're owed.
Help Duluth hold negligent drivers accountable.
Reach out for a free consultation to discuss your Duluth drunk driving accident.
What Injuries Can a Drunk Driving Accident Cause?
Drunk driving accidents in Duluth frequently result in severe, life-altering injuries, many of which require long-term medical care and rehabilitation.
Traumatic Brain Injuries (TBIs)
TBIs are a common and serious outcome of drunk driving accidents. They occur when the brain is violently shaken or struck, often leading to concussions, memory loss, and cognitive impairments. Some victims suffer from permanent disabilities, requiring lifelong care.
Spinal Cord Injuries
The force of a drunk driving crash can severely damage the spinal cord, causing partial or complete paralysis. Spinal cord injuries often result in significant loss of mobility, requiring long-term rehabilitation and specialized medical equipment, which drastically impacts the victim's quality of life.
Whiplash and Neck Injuries
The sudden impact of a collision can cause whiplash, a condition that damages the neck's muscles and ligaments. While commonly associated with rear-end collisions, whiplash can occur in any type of crash, leading to chronic pain and reduced mobility.
Internal Injuries
Drunk driving crashes can result in dangerous internal injuries, such as damage to the liver, spleen, kidneys, or lungs. These injuries may not have immediate symptoms but can be life-threatening if left untreated. Victims often require emergency surgery and extended hospital stays.
Broken Bones
Fractures are common in drunk driving accidents, especially in high-speed collisions. Victims often suffer broken arms, legs, and ribs. Severe fractures may require surgery, metal implants, and months of rehabilitation to regain function.
Burns
Some drunk driving accidents involve fires or explosions, especially if a vehicle's fuel tank is damaged. Burn injuries can range from minor to life-threatening and often require extensive medical treatment, including surgeries and skin grafts. Severe burns can also result in permanent disfigurement and psychological trauma.
Emotional Trauma
In addition to physical injuries, victims often suffer from emotional and psychological effects, such as:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Intense fear of driving
The emotional toll can significantly affect daily functioning and quality of life. Psychological trauma is recognized as a legitimate form of pain and suffering under Minnesota law, and victims can seek compensation for these damages.
Drunk driving accidents can change your life in an instant.
We can help you get your life back on track after an injury.
Recovering Damages After a Drunk Driving Accident
Victims of drunk driving accidents in Duluth are entitled to seek compensation for a wide range of damages. This compensation available generally falls into two main categories: economic and non-economic damages.
Economic Damages
- Medical expenses: Compensation for medical bills is typically the largest component of a claim, covering everything from emergency room visits and surgeries to ongoing rehabilitation and future medical needs. This also includes the cost of medications, medical equipment, and any long-term care that may be necessary due to severe injuries.
- Lost wages: If your injuries prevent you from working, either temporarily or permanently, you may be entitled to recover lost wages. For long-term injuries, victims can also seek compensation for reduced earning capacity, which takes into account their inability to return to work at full capacity or perform the same job.
- Property damage: Victims can also claim compensation for property damage, such as the cost of repairing or replacing a damaged vehicle, as well as any personal property that was damaged or destroyed in the accident.
- Future damages: For victims who suffer long-term or permanent injuries, compensation may also include estimated future expenses, such as ongoing medical treatments and reduced earning capacity.
Non-Economic Damages
- Pain and suffering: Drunk driving accidents often result in physical pain, emotional trauma, and psychological suffering, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Minnesota law allows victims to seek compensation for these non-economic damages, as they have a profound impact on the victim's quality of life.
- Punitive damages: In cases where the drunk driver’s conduct was especially reckless, such as extreme intoxication or multiple prior offenses, Minnesota law allows for punitive damages. This is additional compensation intended to punish the offender and deter others from similar reckless behavior.
- Wrongful death claims: If a loved one is tragically killed in a drunk driving accident, the surviving family members may be entitled to file a wrongful death lawsuit. Compensation in these cases can include funeral expenses, loss of companionship, and the loss of financial support the deceased would have provided.
Liability for a Drunk Driving Accident
The primary person held liable in a Duluth drunk driving accident is always the impaired driver. Minnesota law holds drunk drivers accountable for any damages they cause, whether they were driving under the influence of alcohol, drugs, or a combination of substances. This makes them responsible for the victim’s medical bills, lost wages, and pain and suffering.
However, other other parties may also be held responsible for a Duluth drunk driving accident.
Dram Shop Liability
Minnesota’s dram shop law allows victims to hold bars and restaurants responsible if they served alcohol to a visibly intoxicated person who later caused an accident. This means that if the driver was over-served at a Duluth bar or restaurant, the establishment could be held liable for contributing to the driver’s impairment.
Social Host Liability
Under Minnesota’s social host law, individuals who serve alcohol to minors (under 21) at private parties or gatherings can also be held liable if the intoxicated minor causes an accident. This law does not typically apply to social hosts who serve alcohol to adults.
Employer Liability
If the drunk driver was on the job at the time of the accident, their employer could be held responsible under vicarious liability. This typically applies if the driver was performing work-related tasks, such as making deliveries or driving a company vehicle. Employers could be held liable if they failed to properly supervise the employee or knowingly allowed an intoxicated person to drive.
Insurance Companies
Although not directly responsible for causing the accident, insurance companies play a key role in compensating victims. Minnesota’s no-fault insurance system allows victims to file claims with their own insurance provider for medical expenses and lost wages, regardless of fault. For more severe injuries, victims can file a personal injury claim against the impaired driver’s insurance.
You deserve true justice and fair compensation.
Contact us to get started on your claim.
What to Do Immediately After a Drunk Driving Accident
If you are ever involved in a drunk driving accident in Duluth, it’s essential to take immediate steps to protect your health and legal rights.
1. Call 911
Reporting the accident immediately is crucial. Law enforcement will arrive to assess the scene and file an official police report, which can be vital for any legal claims. The report will document the details of the accident and often include initial impressions of fault.
2. Seek Medical Attention
Even if you don’t feel seriously injured, it’s important to see a doctor as soon as possible. Some injuries, such as internal trauma or concussions, may not show symptoms right away but can become life-threatening without prompt treatment.
3. Document the Accident Scene
If you are able, take photos of the accident scene, the vehicles involved, and any visible injuries. Collect contact information from witnesses and the other driver(s), including their insurance details. This evidence will be important when building your claim.
4. Retain All Records
Keep thorough records of everything related to the accident, including medical bills, vehicle repair costs, and any lost wages due to missed work. These documents will help prove the damages you’re entitled to.
5. Consult a Duluth Drunk Driving Accident Attorney
Before speaking with your insurance company, consult with an experienced drunk driving accident attorney in Duluth. Insurance adjusters may try to use your words to downplay the severity of your injuries, and a lawyer can help protect your rights and ensure you receive full compensation.
PRO TIP:
Regardless of the details of your accident, never admit fault at the scene. Even apologizing can be interpreted as an admission of fault, which could harm your ability to claim compensation later. Don’t accept or assign blame until your attorney has had time to review all the facts.
How Our Duluth Drunk Driving Accident Lawyers Will Handle Your Claim
At SiebenCarey, our goal is to guide you through every phase of your claim, prioritizing both maximizing your compensation and minimizing your stress.
Free Consultation and Case Review
We begin with a complimentary consultation to evaluate your case, clarify your legal rights, and explain the available legal paths. This session helps you understand the potential value of your claim and what to expect during the process.
Full Investigation
Our legal team carries out a detailed investigation, collecting critical evidence such as:
- Police and accident reports
- Medical documentation
- Eyewitness statements
- Expert opinions (if necessary)
With the help of our in-house investigators, we gather everything needed to build a robust case and clearly establish liability.
Communicating with Insurance Companie
We manage all correspondence with insurance companies, negotiating for a fair settlement that covers the full extent of your damages. If negotiations don't result in a satisfactory offer, we're fully prepared to take your case to trial.
Pre-Trial Negotiations and Mediation
Many cases are resolved through negotiation before trial. We continue to advocate on your behalf during this stage, working to secure the best possible settlement while avoiding the lengthy trial process when possible.
Trial Preparation
If your case goes to trial, our experienced litigators will meticulously prepare, presenting strong, evidence-based arguments to achieve the best possible outcome. We have decades of successfully representing our clients in court, often winning verdicts worth many times more than the insurance company’s best settlement offer.
Post-Trial Assistance
Even after a verdict, we continue to work for you, ensuring that the compensation is delivered to you in a timely manner. We will also deal with any appeals or further legal challenges from the drunk driver or their insurers.
SiebenCarey Is Ready to Help You Get Justice
At SiebenCarey, we understand the lasting impact a drunk driving accident can have on your life. From severe physical injuries to emotional trauma and financial hardship, the aftermath of these accidents can be overwhelming. Our experienced attorneys in Duluth are committed to providing compassionate yet aggressive representation to ensure you receive the full compensation you’re entitled to under Minnesota law.
If you’ve been injured in a drunk driving accident, contact our Duluth office at 218-722-6848 for a free consultation. And if you're recovering at home or in the hospital, we can come to you!
Let our Duluth-based legal team help you take the next steps toward recovery.
Duluth Drunk Driving Accident FAQs
The drunk driver fled the scene of the accident. What should I do?
If the drunk driver flees the scene, it’s considered a hit-and-run. Law enforcement will investigate, and if the driver is found, you can file a claim against them. If the driver isn’t located, you may still recover compensation through your uninsured motorist coverage. Minnesota’s no-fault insurance will also cover immediate medical expenses regardless of fault.
Can I file a claim if I was partly responsible?
Minnesota follows a comparative fault system, meaning you can still file a claim even if you were partially at fault. However, your compensation will be reduced based on your percentage of responsibility. For instance, if you're found 20% at fault, your compensation will be reduced by 20%.
Can I seek compensation from a restaurant that served a drunk driver alcohol?
Yes. Under Minnesota’s dram shop law, you can file a claim against a bar, restaurant, or any establishment that served alcohol to a visibly intoxicated person who then caused the accident. These claims can help expand your compensation options, particularly if the driver has insufficient insurance coverage.
What if the drunk driver has no car insurance?
If the drunk driver is uninsured or underinsured, you may still be able to recover compensation through your own uninsured/underinsured motorist coverage. Additionally, Minnesota’s no-fault insurance law provides benefits such as coverage for medical expenses, regardless of who is at fault in the accident.
Can I file a claim if the drunk driver was charged with a crime?
Yes, you can still file a personal injury lawsuit even if the drunk driver has been charged or convicted. Criminal proceedings are separate from civil cases. While the criminal case punishes the driver, a civil lawsuit allows you to seek compensation for damages such as medical expenses, lost wages, and pain and suffering.
Get the Compensation You Deserve with SiebenCarey
Take the first step toward securing the compensation you're entitled to by contacting SiebenCarey for a free, no-obligation case evaluation. Our knowledgeable attorneys are here to guide you through your legal options and fight to maximize your compensation.
We’re available 24/7 to discuss your case and offer personalized advice. Reach out today so we can get to work right away.
Duluth Office
11 East Superior Street Suite 240Duluth, Minnesota 55802
Phone: 218-722-6848Fax: 218-722-6841