It's a summer evening in Minnetonka, and you’re on your way home from dinner with friends. You approach the intersection of Highway 7 and County Road 101, a heavily traveled intersection where accidents are not uncommon. The light is green, and you proceed through.
Suddenly, you’re blindsided by a vehicle that tore through their red light at speeds over 70mph. Your vehicle spins out of control and careens into a light pole. You're alive, but suffer significant injuries that require transportation to the hospital.
The driver of the other vehicle? They’re fine. They’re also drunk.
Unfortunately, drunk driving accidents like this happen all too often in the state of Minnesota. But unlike an ordinary rear-end collision or weather-related crash, drunk driving accidents in Minnesota create both criminal and civil consequences.
The fact that the driver of the other vehicle was impaired by alcohol changes the nature of the case, including how insurers react and how juries view the case.
DUI accident compensation can be greater than a typical accident, but compensation still depends on the severity of injuries, available insurance coverages, and the strength of the evidence.
Minnesota law limits the amount of time injury victims have to file claims, and evidence can disappear fast. Working with a Minnetonka drunk driving accident attorney early can help you preserve crucial evidence, negotiate with insurance companies, and pursue full available compensation.
Why Drunk Driving Accident Cases Are Different Than Regular Auto Accidents
Most ordinary car accidents happen because of minor driver negligence like driving too fast, ignoring a stop sign, or distracted driving. These things are dangerous, but they’re not necessarily criminal.
When a drunk driver causes a serious accident involving others, that adds a new dimension to the case: criminal liability. That makes DUI accidents fundamentally different from everyday driver negligence cases.
In Minnesota, DUI cases are criminally prosecuted at the state level, but victims of drunk drivers also have the opportunity to pursue civil action simultaneously. Victims do not have to wait for a criminal proceeding to be completed before filing a civil lawsuit.
Juries also have a tendency to treat drunk drivers more harshly because they have shown impaired judgment, recklessness, and a conscious disregard for the safety of others. In some cases, DUI accident compensation can be increased by juries who add punitive damages that seek to punish drivers whose conduct showed a deliberate disregard for the safety of others.
While both cases can be pursued independently, the burden of proof is often lower in civil cases than criminal cases. Because of this, DUI cases present a higher trial risk for insurers and can increase the likelihood of a drunk driving lawsuit settlement out of court.
Consulting with a drunk driving accident attorney shortly after the incident can help you weigh your litigation options and help you negotiate with insurers.
Early Case Investigation and Evidence Preservation in Minnetonka
In the aftermath of a drunk driving accident, gathering and preserving evidence from the scene is crucial. When evidence disappears, it weakens a case dramatically. Working with a drunk driving accident attorney helps you obtain that evidence while it is available.
Among the most valuable pieces of evidence available in both criminal and civil cases are the documents that establish intoxication. These are most often police reports, arrest records, blood alcohol content (BAC) test results, and field sobriety test records. These documents help establish the timeline of the accident, as well as the driver’s level of intoxication, impairment, and recklessness. As a result, they can carry significant weight in court.
Dashcam and bodycam footage have become another major part of DUI accident claim evidence. These videos often capture additional evidence of intoxication, like slurred speech, stumbling, and admissions of drinking.
Security camera footage sometimes catches the actual moment of a crash. If preserved, it can be a source of hard evidence of dangerous driving. However, security footage is often overwritten after only a few days. An experienced drunk driving crash lawyer will quickly send evidence preservation letters to capture this footage before it is erased.
An attorney can help you identify and preserve eyewitness accounts of the accident. This is crucial because witness memory fades rapidly. Gathering their contact information and an account of what they saw becomes invaluable if the case moves to court.
Physical evidence can disappear quickly, so it often makes sense to return to the scene of the accident to document things like skid marks, impact points, and debris patterns. Evidence like this is useful in reconstructing the accident. The stronger the reconstruction evidence, the harder it becomes for insurers to argue their client was not at fault.
Establishing Liability Clearly and Aggressively in Minnetonka
The job of your drunk driving crash lawyer is to prove that the liability for the accident lies with the drunk driver.
The most direct way to establish liability is through a guilty plea or conviction in the criminal case. Criminal standards are “beyond a reasonable doubt”, and a guilty plea or criminal conviction can become powerful evidence in a civil claim. Even if the prosecution in a criminal case struggles to get a conviction, the burden of proof in a civil case is lower, and may still succeed.
Minnesota also uses modified comparative fault rules that can split the responsibility for an accident between both parties. Insurers may try to argue that the victim was speeding, distracted, or otherwise contributed to the crash, even if the other party was intoxicated. Experienced DUI accident lawyers will work to gather evidence that shuts these arguments down early.
In some cases, Minnesota dram shop laws may be applicable. These laws can hold bars, restaurants, or other establishments partially liable for damages from an accident if they illegally overserved someone who later caused an accident. A skilled attorney can potentially increase DUI accident compensation because businesses tend to carry larger insurance policies than drivers.
How Minnetonka DUI Accident Lawyers Help Deal With Insurance Companies
Expect insurance companies to quickly get involved in a drunk driving injury claim. Having a DUI accident lawyer on your side helps protect you from accepting undervalued offers.
Insurers try to gather statements quickly after an accident, but be aware that any statement you make to the insurer has the potential to be used against you later to dispute liability or minimize damages.
For example, sometimes when speaking to an insurer victims naturally attempt to minimize their injuries. They may speculate who was at fault, or accept partial blame for the accident. If you make any of these mistakes, don’t be surprised when the insurer tries to use it against you later. An attorney can advise you on how to speak to insurers so you can avoid making potentially damaging statements.
Insurers will often try to undervalue the financial cost of your claim. A common tactic is to quickly send a “lowball” offer, hoping that the victim quickly accepts. Without a lawyer to review the value of a drunk driving lawsuit settlement, you may unknowingly accept an offer that doesn’t account for future medical costs, lost wages or earning capacity, PTSD, or long-term disability and chronic pain.
Strong attorneys can help their clients uncover damages that victims would probably not think to seek on their own. A fair, comprehensive DUI settlement in Minnetonka may account for your full medical expenses, future treatment, and rehabilitation. Recovery for lost wages, diminished earning capacity, pain and suffering, and a loss of quality of life are other areas where an attorney can maximize your settlement value.
Experienced DUI accident lawyers will investigate every possible avenue for recovery, including umbrella policies, employer coverages, and commercial policies. These additional policy coverages have the potential to significantly increase compensation for your accident.
Leveraging Criminal Proceedings
Because criminal and civil proceedings for DUI negligence can carry on concurrently in Minnesota, an experienced drunk driving accident attorney will leverage the criminal case to strengthen their civil case.
Seasoned attorneys will often coordinate with criminal prosecutors and time settlement negotiations around milestones in the criminal case. If the drunk driver pleads guilty, has documented toxicology reports proving intoxication, or is outright convicted, it makes it that much harder for the insurer to deny liability. They will often prefer to make a fair settlement offer and resolve the case before trial.
Most Minnetonka DUI Accident Claims Settle Before Trial
While some drunk driving injury claims do proceed to litigation, the majority of DUI injury claims are actually settled out of court. When insurers are faced with strong evidence of intoxication, clear liability, and well-documented injuries, they are more likely to negotiate a fair settlement than risk a jury verdict.
Even when a lawsuit is filed, there are still numerous opportunities to settle out of court. Filing a suit often serves to put pressure on the insurer, while your attorney gathers the evidence needed to build a strong case and strengthen your negotiating position.
Choosing an experienced Minnetonka drunk driving accident attorney to work with in the early stages of your case will help you gather the evidence needed to establish clear liability and maximize the available avenues for compensation.
Remember, every case is unique and results may vary. If you or someone you know has been the victim of a DUI accident, contact Fields Injury Law today. We will walk you through your legal options, and if you decide to move forward, we will guide you through the legal process as you pursue the full available compensation for a drunk driving accident claim.
Fields Law Firm — Attorney responsible for this ad: Steve Fields
DISCLAIMER: Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts. Contact Fields Law and let us hear your case and evaluate your options.
