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Lakeville Drunk Driving Accident Lawyers
A drunk driving accident in Lakeville can turn your life upside down in a moment, leaving you with serious injuries and mounting financial challenges. Even more tragically, every drunk driving accident is caused by someone else’s reckless choice to drive under the influence.
At SiebenCarey, we are dedicated to helping Lakeville residents fight for justice after a drunk driving accident. We leverage our extensive legal experience to hold drunk drivers accountable and ensure you receive the compensation you are owed.
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Contact us now to discuss your Lakeville drunk driving accident claim.
How to Protect Your Rights After a Drunk Driving Accident
If you are involved in a drunk driving accident in Lakeville, it’s crucial to take immediate steps to protect your health and legal rights.
Call 911
The first thing to do is call 911 to report the accident. An official police report will document the details of the crash, including the involvement of alcohol, and is vital evidence in any future legal claims.
Seek Medical Attention
Even if you don’t feel seriously injured, it’s important to see a doctor as soon as possible. Some injuries may not show symptoms right away but can worsen without treatment. Medical records will also serve as key evidence when you file a personal injury c
Document the Accident Scene
If possible, gather as much evidence as you can at the scene of the accident. Take photos of the damage to all vehicles, road conditions, and any visible injuries. If there are witnesses, try to get their contact information. This documentation will be helpful when building your case.
Retain All Records
Keep detailed records of any medical treatments, car repairs, and expenses related to the accident. These documents will help demonstrate the full extent of your damages when seeking compensation.
Contact a Lakeville Drunk Driving Accident Attorney
Before speaking with insurance companies, it's essential to consult a personal injury attorney experienced in drunk driving accidents. Insurance adjusters may try to minimize your claim, and having legal representation can ensure you receive the compensation you deserve.
Your recovery matters – let us fight for you.
Reach out today to explore your legal options.
Penalties for Drunk Driving
Minnesota has stringent laws to prevent impaired driving and protect road users. Violating these laws can lead to severe consequences for drivers.
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 the age of 21, any detectable alcohol can result in a DWI charge. Even drivers with a BAC below these limits can still be arrested if they are deemed to be impaired.
Penalties for DWI Offenders
In Lakeville, a first-time DWI offense is classified as a misdemeanor and can result in penalties such as up to 90 days in jail, a fine of up to $1,000, and a 90-day license suspension. For those with a BAC of 0.16% or higher, the charge may be elevated to a gross misdemeanor, which can lead to up to one year in jail and fines of up to $3,000.
Ignition Interlock Program
Repeat offenders (or those with a BAC of 0.16% or more) may be required to install an ignition interlock device in their vehicle. This device ensures the vehicle will not start unless the driver provides a breath sample with an alcohol concentration below 0.02%. Depending on the offense, drivers may be required to use the device for 1 to 6 years.
Felony DWI
A fourth DWI within 10 years is considered a felony in Minnesota, with penalties including up to seven years in prison, fines up to $14,000, and long-term or permanent loss of driving privileges. Felony offenders may also be required to participate in mandatory alcohol treatment programs.
Refusing to Take a BAC Test Is Illegal
Under Minnesota's implied consent law, drivers are required to submit to a chemical test if an officer suspects impairment. Refusing to take the test results in a gross misdemeanor charge and a one-year license suspension, even for a first offense.
Non-Alcoholic Impaired Driving
Drivers in Lakeville can also face charges for driving under the influence of substances other than alcohol. This includes:
- Illegal drugs
- Medical or recreational marijuana
- Prescription medications
- Over-the-counter medicines
Impaired Driving Statute of Limitations
In Minnesota, including Lakeville, victims of a drunk driving accident have six years from the date of the accident to file a personal injury claim. However, the sooner you speak to a Lakeville drunk driving lawyer, the better. Building a strong case is much easier when the evidence is fresh.
Who Can Be Held Liable for a Drunk Driving Accident?
The primary party responsible for a drunk driving accident is always the impaired driver. Minnesota law holds drunk drivers accountable for the injuries and damages they cause. This means they are responsible for compensating the victim for medical bills, lost wages, and all other losses.
However, other parties can also be held liable in a Lakeville drunk driving accident, depending on the circumstances.
Dram Shop Liability
Minnesota’s dram shop law allows victims to pursue compensation from establishments, such as bars or restaurants, that served alcohol to a visibly intoxicated person who later caused an accident. This means that if the drunk driver was over-served at a Lakeville bar or restaurant, the establishment could be held partially responsible for contributing to the driver’s impairment.
Social Host Liability
Under Minnesota’s social host law, individuals who serve alcohol to minors (those under 21) at private gatherings can also be held liable if the intoxicated minor causes an accident. However, this law does not apply to social hosts who serve alcohol to adults.
Employer Liability
If the drunk driver was working at the time of the accident, their employer could be held responsible under vicarious liability. This typically applies if the driver was performing job-related duties, such as making deliveries or driving a company vehicle. Employers may be found liable if they failed to supervise the employee properly or allowed them to drive while intoxicated.
Insurance Companies
While not directly responsible for causing the accident, insurance companies play a critical role in compensating victims. Under Minnesota’s no-fault insurance system, victims can file claims with their own insurance providers to cover medical bills and lost wages, regardless of who was at fault. For more severe injuries, victims may also file a personal injury claim against the drunk driver’s insurance.
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Common Injuries Sustained in Drunk Driving Accidents
Due to the impaired judgment and slower reaction times of intoxicated drivers, drunk driving accidents are often more severe than other types of collisions. These crashes can lead to a wide range of serious and life-altering injuries.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) occur when the brain is violently shaken or hits the inside of the skull upon impact. These injuries can range from mild concussions to severe brain damage, leading to cognitive impairments, memory loss, and even permanent disabilities. TBIs often require extensive medical treatment and rehabilitation, with long-term effects on the victim’s quality of life.
Spinal Cord Injuries
The force of a drunk driving accident can cause significant damage to the spinal cord, leading to partial or total paralysis depending on the severity of the injury. Victims with spinal cord injuries may face lifelong medical care, limited mobility, and a drastically reduced quality of life. Even less severe spinal injuries can result in chronic pain and the need for ongoing treatment.
Broken Bones and Fractures
Fractures are common in drunk driving accidents due to the force of the collision. Victims may suffer breaks in their arms, legs, ribs, and other bones. Severe fractures often require surgery, physical therapy, and months of recovery. Some fractures may lead to long-term complications, such as reduced mobility or chronic pain.
Internal Injuries
Blunt force trauma from a drunk driving crash can cause internal injuries, including damage to vital organs like the lungs, liver, and kidneys. These injuries are particularly dangerous because they may not have immediate symptoms, leading to delayed medical treatment. Untreated internal injuries can be life-threatening and often require emergency surgery.
Whiplash and Neck Injuries
Whiplash is a common injury in rear-end collisions, which are frequent in drunk driving accidents. It occurs when the neck is suddenly jolted forward and backward, damaging muscles and ligaments. While whiplash may seem minor at first, it can lead to chronic pain, stiffness, and reduced mobility that affect daily life.
Burns
In accidents involving fire or explosion, which can occur if a fuel tank is punctured, victims may suffer from burns. These injuries often require extensive medical treatment, including skin grafts and surgeries. Severe burns can lead to permanent scarring, disfigurement, and psychological trauma.
Psychological Trauma
In addition to physical injuries, victims of drunk driving accidents frequently experience emotional and psychological trauma. This may manifest as:
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
- Insomnia
- Fear of driving
These psychological injuries can have a profound impact on the victim’s ability to return to normal life. Minnesota law allows drunk driving accident victims to seek compensation for emotional distress as a valid form of pain and suffering.
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Financial Recovery for Victims of Drunk Driving
Minnesota law guarantees you the right to seek compensation for the damages caused by a drunk driving accident in Lakeville. This compensation is typically divided into two main categories: economic and non-economic damages.
Economic Damages
These damages are meant to cover financial losses directly caused by the accident. Common types include:
- Medical expenses: This is often the largest part of a compensation claim, covering everything from emergency room visits, surgeries, and hospital stays to ongoing rehabilitation, medications, and any long-term care required for severe injuries.
- Lost wages: If the accident leaves you unable to work, either temporarily or permanently, you may be entitled to recover lost income. This includes compensation for reduced earning capacity if you're unable to return to your previous job or work at full capacity.
- Property damage: Victims can also seek compensation for vehicle repair or replacement costs, along with replacing any other personal property damaged or destroyed in the crash.
- Future damages: For long-term injuries, compensation may also include estimated future costs, such as ongoing medical treatments, physical therapy, and lost future earnings.
Non-Economic Damages
These damages cover the more subjective, intangible impacts of a drunk driving accident:
- Pain and suffering: Minnesota law allows victims to seek compensation for the physical pain and emotional distress caused by the accident, including conditions like anxiety or PTSD. These non-economic damages are often significant, given the profound impact such trauma can have on a victim’s quality of life.
- Punitive damages: If the drunk driver’s behavior was especially reckless – such as driving with an extremely high BAC or multiple prior offenses – Minnesota law allows for punitive damages. These are intended to punish the offender and deter similar future behavior.
- Wrongful death claims: In tragic cases where a loved one is killed in a drunk driving accident, 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.
A Lakeville drunk driving lawyer will help you determine how much compensation you are entitled to under Minnesota law.
Get the justice you deserve.
SiebenCarey will help you explore your legal options and pursue the compensation you're entitled to under Minnesota law.
Choosing SiebenCarey for Your Lakeville Drunk Driving Claim
SiebenCarey has been a trusted name in personal injury law in Minnesota for over 70 years. When it comes to drunk driving accidents, we offer unparalleled experience, resources, and dedication to our clients. Here’s how we can help you win the compensation you deserve.
Decades of Experience
As Minnesota's largest and oldest personal injury firm, we bring seven decades of experience to every case. Our attorneys have a proven track record of securing substantial verdicts and settlements for clients injured in drunk driving accidents, ensuring that victims receive true justice.
Award-Winning Attorneys
Our firm is home to multiple award-winning attorneys recognized for their excellence in personal injury law. With accolades such as Best Lawyers in America and Super Lawyers, our team is equipped to provide the highest level of representation.
Aggressive Pursuit of Justice
At SiebenCarey, we aggressively pursue compensation not only from the drunk driver but also from other liable parties, such as bars or restaurants that may have over-served the driver in violation of Minnesota’s dram shop laws. We leave no stone unturned in holding all responsible parties accountable.
Comprehensive Legal Resources
We offer a full suite of legal resources, including certified investigators and support staff, to build a strong case on your behalf. From gathering evidence to negotiating with insurance companies, our team works tirelessly to ensure you receive maximum compensation.
Client-Centered Focus
At SiebenCarey, our priority is always your best interests. From the moment you contact us, we will work overtime to ensure that your rights are protected and do everything in our power to alleviate the stress of your legal claim. That way, you can focus on healing and regaining control of your life.
No-Win, No-Fee Representation
We understand the financial strain a serious accident can place on you. That's why we work on a contingency fee basis – meaning you don’t pay unless we win your case. This ensures that you can access top-tier legal representation without any financial risks.
Get Help from a Trusted Team of Lakeville Drunk Driving Lawyers
At SiebenCarey, we understand the profound and lasting impact a drunk driving accident can have on your life. Our experienced Lakeville drunk driving accident attorneys are ready to help you fight for the full compensation you deserve under Minnesota law.
We are available 24/7 to answer your questions and offer support. Contact our Lakeville office at 952-469-2288 or call us toll-free at 800-474-4487 throughout Minnesota.
If you’re recovering at home or in the hospital, we can come to you. Please don’t hesitate to reach out so we can give you the support you need in this challenging time.
Lakeville Drunk Driving Accident FAQs
Can I file a lawsuit if the drunk driver has already been charged with a crime?
Yes, you can still file a personal injury lawsuit even if the drunk driver has been criminally charged or convicted. Criminal cases are separate from civil cases. While the criminal case punishes the driver, your civil lawsuit allows you to seek compensation for damages like medical expenses, lost wages, and pain and suffering.
Can I file a lawsuit if I was partially at fault?
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 by your percentage of responsibility. For example, if you are found 20% at fault, your compensation will be reduced by 20%.
What if the drunk driver is underinsured?
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 for medical expenses regardless of who is at fault.
Can I file a lawsuit against a bar that served alcohol to a drunk driver?
Yes. Under Minnesota’s dram shop law, you can file a claim against any establishment that served alcohol to a visibly intoxicated person who then caused the accident. This can help expand your compensation options, especially if the drunk driver has insufficient insurance coverage.
What does Minnesota’s Ignition Interlock Program do?
The ignition interlock program is required for certain DWI offenders in Minnesota. The program mandates the installation of an ignition interlock device, which prevents a car from starting if alcohol is detected on the driver’s breath. This program applies to drivers with a BAC of 0.16% or higher and repeat offenders.
What if the accident was a hit-and-run?
If the drunk driver flees the scene, law enforcement will investigate. If the driver is located, you can file a claim against them. If the driver isn’t found, you can still seek compensation through your uninsured motorist coverage. Additionally, Minnesota’s no-fault insurance will cover your immediate medical expenses regardless of fault.
SiebenCarey Is Standing By – You Can Reach Us 24/7
If you’ve been injured in a drunk driving accident, contact SiebenCarey today for a free consultation. Our experienced attorneys are ready to help you secure justice and the compensation you deserve.