According to the Minnesota DWI Dashboard, Minnesota saw 26,593 DUIs in 2024 alone. Driving while intoxicated (DWI) increases the risk of crashes, injuries, and deaths, and many of the 26,593 DUIs in 2024 irrevocably changed the lives of victims. Those who have experienced these negative outcomes may be curious about legal action. While criminal charges may deter negligent drivers from driving drunk, victims and families may also consider personal injury lawsuits in Minnesota. Civil action can deter future DUIs while providing families with compensation for funeral costs, medical bills, and other damages. Those who wish to explore this concept further may contact Betz & Port, P.A. at (763) 323-6911.
I Was Injured by a Drunk Driver: What Happens Next?
Victims may be unsure of their next steps after suffering injuries in DUI crashes. The first step is always the same: Seek medical treatment as soon as possible. Victims should have plenty of time to explore their legal options after their injuries stabilize. Accept treatment from paramedics and go to the nearest hospital. Follow up with a family doctor and specialists if necessary. Medical records help document injuries, and victims can use these records to prove the legitimacy of their auto injuries. Many auto injuries are much worse than they initially feel or appear.
Aside from medical records, victims may contribute other evidence to ensure drunk drivers face criminal and civil consequences. Victims may want to take note of the license plates of other vehicles involved in their crashes. They may also decide to take photographs of the crash scene. This evidence could be particularly helpful if a drunk driver decides to flee the crash scene. Victims may have the opportunity to speak with law enforcement officials and explain their crashes in more detail. They also have the right to contact a firm like Betz & Port, P.A. to discuss the possibility of an auto accident lawsuit in Minnesota.
Will the Drunk Driver Face Consequences?
A drunk driver who causes injuries or deaths should face serious legal consequences in Minnesota. If a drunk driver causes any level of bodily harm, they may face a gross misdemeanor. If they cause substantial bodily harm or great bodily harm, they face felony charges. The Minnesota House Research Department notes that drunk drivers who cause deaths will likely face charges of criminal vehicular homicide (CVH), which is a serious felony.
A drunk driver could also face consequences in civil court after causing injuries or deaths. The victims of these accidents may decide to pursue compensation for damages like funeral expenses, medical bills, and lost future earnings. Minnesota is a “no-fault” car insurance state, which means victims can file Personal Injury Protection (PIP) claims without establishing fault. These PIP claims can provide compensation for economic damages, and the drunk driver may face financial penalties in the form of increased insurance premiums. If the crash led to a serious injury or death, victims and their families may be able to sue the drunk driver directly. This can lead to additional compensation for non-economic (psychological) damages, and it could ensure heightened financial penalties for the drunk driver.
Are DUIs Examples of Negligence?
Yes, DUIs are obvious examples of driver negligence. Negligence is an important concept in the context of personal injury lawsuits. While these personal injury lawsuits can potentially provide victims with more compensation compared to PIP claims, they have stricter requirements. To successfully sue a drunk driver, a victim must establish negligence. Negligence has four elements. Victims must establish that the drunk driver breached their duty of care and directly caused legitimate injuries.
The burden of proof in civil court is a “preponderance of evidence.” This is a lower burden of proof than the “beyond a reasonable doubt” standard that applies to criminal proceedings. In other words, it is easier to prove the misconduct of a drunk driver in civil court compared to criminal court. Even if a drunk driver escapes a criminal conviction due to a technicality, loophole, or prosecutorial error, they could still become “liable” for the crash after a successful personal injury lawsuit.
How Do I Prove the Driver Was Drunk?
Law enforcement officials can help confirm the intoxication of the driver. When officers arrive at the scene, they may carry out breath tests on the drivers involved. If a driver records a blood alcohol content level (BAC) of 0.08 or more, they may face DWI charges. Those under 21 can face DWI charges for any level of intoxication, and commercial drivers could face charges for having a BAC level of 0.04 or more. Officers can make DWI arrests without breath tests if they observe obvious signs of intoxication. They may make these observations during field sobriety tests.
During a civil lawsuit, the victim and their legal counsel may refer to the evidence gathered by law enforcement officials. A victim may also call upon police officers to testify during personal injury trials. During this testimony, an officer might explain how they administered the breath test and their observations during the arrest. However, personal injury lawsuits rarely reach the trial stage. Instead, victims often reach financial settlements with insurance companies. The evidence of intoxication may be so clear and overwhelming that all parties realize the pointlessness of going to trial. With a financial settlement, a victim can cover their damages without a time-consuming and stressful trial. That said, victims should negotiate carefully with insurers, as it is all too easy to accidentally accept a “lowball” settlement offer. An experienced auto accident lawyer in Minnesota can assist during these negotiations.
Learn More About Accidents Involving DUIs With Betz & Port, P.A.
While universal laws may apply to all DUIs in Minnesota, each crash is slightly different, along with the fallout after a car crash. As a result, online research may provide victims and their families with incomplete information and guidance. As they consider the next steps toward justice and compensation, families may decide to discuss their legal options with experienced personal injury lawyers in Minnesota. Many of these legal professionals have handled numerous DUI-related injury cases. While each case is unique, driving while intoxicated is always a clear sign of negligence and a criminal offense. Each drunk driver should experience consequences, potentially in both civil and criminal courts. Explore this subject in more detail by contacting Betz & Port, P.A. at (763) 323-6911.