A drunk driving accident can be a deeply traumatic experience and can have a devastating impact on you. If an intoxicated driver hits your vehicle, you may be faced with the challenge of recovering from severe physical injuries. The necessary treatment can be costly. If you’re unable to work due to your injuries, the financial strain you’re experiencing may be very stressful. Contact Travis, Moore & Brann PLLP to schedule a free consultation with an experienced Kalispell drunk driving accident lawyer who will provide the legal support you need.
Suppose you’re dealing with the fallout from a car accident with a drunk driver. In that case, you have legal rights and options under Montana law that allow you to pursue the justice you deserve, including compensation for your injuries and other losses. Additionally, while relatively minor car accidents are upsetting enough, being hit by a drunk driver may bring on feelings of anger at their careless disregard for your safety and well-being. You may wonder what you can do to hold them accountable.
How Much Compensation Can I Receive After a Drunk Driving Accident?
The amount of compensation you may be able to recover after a drunk driver hits you depends on the specifics of your case. Generally speaking, more severe injuries result in higher compensation than relatively minor ones. If your injuries require substantial physical treatment and a lengthy recovery, prevent you from working, and come with a low likelihood of your making a full recovery, you’re likely to receive more than you would if your injuries are likely to heal quickly and completely.
Depending on the details of the accident and your resulting injuries and expenses, your Kalispell drunk driving accident lawyer and car accident attorney may pursue compensation for your:
- Medical expenses, including anticipated future expenses
- Long-term care costs
- Home modifications necessitated by your injuries or disabilities
- Lost income, including loss of future earning capacity
- Physical pain
- Emotional anguish, pain and suffering
- Reduced quality of life
- Loss of enjoyment
- Property damage
What Are My Options for Pursuing Compensation?
Montana law provides multiple avenues for victims of drunk drivers to recover compensation for their injuries and losses from car accidents, namely insurance claims and civil lawsuits.
Having to deal with insurance and lawyers can be frustrating, especially if you’re already facing the aftermath of a traumatic event like a drunk driving accident. However, the at-fault driver’s insurance coverage is your primary source of compensation after an accident. Your Kalispell drunk driving accident lawyer will help you file a claim as a legal professional with experience in DUIs.
Additionally, if the drunk driver who caused your accident was served alcohol at a bar, restaurant, or other establishment before getting behind the wheel, you may have a claim against the establishment under Montana’s dram shop liability laws. These laws hold alcohol servers responsible for serving visibly intoxicated patrons and can provide additional avenues for compensation in your case.
Unfortunately, insurance companies routinely offer car accident victims less than they deserve, preying on their need for money and their desire for a quick resolution to their nightmare. Your drunk driving accident lawyer can protect you from this and other insurance company tactics by handling all communications and fighting for the full, fair compensation you deserve.
Finally, if the insurance company refuses to make a fair settlement offer, you have the right to file a lawsuit in civil court to recover the money you’re owed. Your lawyer will prepare for this possibility from the outset because it protects your right to recovery and helps them negotiate from a stronger position. The threat of a lawsuit can even be enough to send an insurer back to the negotiating table to avoid court proceedings.
How Much Time Do I Have to File a Lawsuit Against the Drunk Driver?
In Montana, the deadlines for filing personal injury lawsuits vary depending on the circumstances. Typically, you have three years from the accident date to file a lawsuit, although some injury cases involving minors or individuals with disabilities may have different statutes of limitations. Your Kalispell drunk driving accident lawyer will ensure all paperwork is filed in a timely fashion to protect your right to recover compensation.
Suppose you’re considering initiating an injury claim for the auto accident under Montana’s dram shop law. In that case, you’ll need to send a notice of intent to file within 180 days of the incident, followed by filing the lawsuit within two years of the accident date.
What Should I Do After a Drunk Driving Accident?
If a drunk driver has hit you, you should protect your rights and strengthen your case. For example, some of the steps you should take are:
- Seek Medical Attention – Your health and safety should be your top priority. Get professional medical treatment for your injuries as soon as possible, even if they initially seem minor.
- Document Everything – Keep documentation of medical bills, treatment plans, and any other expenses related to the accident. If you can do so safely, you should also get photos of the scene, your injuries, and any property damage.
- Report the Accident – Contact law enforcement and report the accident. Get a copy of the law enforcement officer’s report, which can serve as valuable evidence in your case.
- Avoid Discussing the Case – Avoid the temptation to discuss the details of your accident or injuries with anyone other than your attorney. Insurers and the drunk driver’s attorney can use statements you make to insurance adjusters or on social media against you.
What Should I Look for in a Drunk Driving Accident Lawyer?
Taking a personal injury claim through the legal system is complex. This is especially true when you’re dealing with the financial consequences of a drunk driving accident. Here’s what to look for in a Kalispell drunk driving accident lawyer and personal injury lawyer– and how Travis, Moore & Brann PLLP will meet your needs:
- Knowledge of Montana Laws – Our attorneys are well-versed in Montana’s laws governing drunk driving accidents, including statutes of limitations and legal precedents specific to our state.
- Familiarity with Local Courts – We have extensive experience representing clients in the Kalispell area, giving us valuable insight into local court procedures and judges’ preferences.
- Personalized Attention – As a local firm, we prioritize building solid relationships with our clients and providing personalized attention to every case. We will help you understand these legal concepts and the legal options you can use. You’re not just another case number to us – you’re a member of our community who deserves our respect and compassion.
Frequently Asked Questions
What should I do at the scene of the accident?
If you’re involved in a car accident caused by a drunk driving accident, firstly check yourself and any passengers for injuries. You should then call 911 as soon as possible if anyone requires medical attention. If it’s safe, move to a safe location away from traffic. Exchange contact and insurance information with the other driver, but avoid discussing the details of the accident or admitting fault. Take pictures and video of the scene, any vehicle damage, and relevant road conditions. Finally, wait for law enforcement to arrive and file a police report.
Can I still pursue legal action if the other driver was arrested at the scene?
Yes. Criminal charges against the driver won’t keep you from seeking compensation through a civil lawsuit. In fact, a criminal conviction can strengthen your case by providing evidence of the driver’s negligence and liability. Our team at Travis, Moore & Brann PLLP will work tirelessly to hold the law firm and the drunk driver accountable and help you recover the compensation you deserve.
What if the drunk driver was uninsured or underinsured?
If the drunk driver who caused your accident is uninsured or underinsured, you still have options for compensation. Depending on your insurance coverage, you may be able to file a claim under your uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage protects you in situations where the injured or at-fault driver lacks adequate insurance.
How long will it take to resolve my case?
The timeline for resolving a drunk driving accident case may vary widely depending on specific factors. For instance, this includes the case’s complexities and the severity of your injuries. It also includes how open the insurance company is to offering you a fair settlement. While negotiations with the insurance company resolve many driving under the influence (DUI) accident cases, others require litigation and trial. We understand the urgency of your situation and will keep you informed on the progress of your case at each step.
What if the drunk driver was driving a company vehicle at the time of the accident?
If the drunk driver was operating a company vehicle as part of their job duties, you may have grounds for a claim against the employer. Employers can be held responsible for the negligent actions of their employees while performing job-related tasks. Our team of Kalispell drunk driving accident attorneys can evaluate your case. In addition, we can help you determine the best course of action for pursuing compensation from all liable parties.
Contact a Kalispell Drunk Driving Accident Lawyer at Travis, Moore & Brann PLLP
Travis, Moore & Brann PLLP is committed to helping victims of drunk driving accidents rebuild their lives and pursue the compensation and justice they deserve. If you or a loved one are suffering from injuries after an accident with a drunk driver in Kalispell, contact us right away to review your options in a free case evaluation and consultation. Our team of Kalispell drunk driving accident lawyers will handle the legal process while you focus on healing. Call us at (406) 752-7550 or contact us online for the support you need.
