How DUI Accidents Impact Personal Injury Claims: A Legal Guide
DUI accidents have significant consequences in Montana, not just for the impaired driver but also for those harmed by their actions. For victims, the DUI factor can open the door to higher compensation, but only if the case is presented with care.
At Gerstner Law, we’ve seen firsthand how driving under the influence complicates personal injury claims. These cases often involve stronger evidence, more aggressive insurance defense tactics, and different legal options compared to standard car accident cases.
If you're facing a personal injury claim in a DUI-related accident in Montana, including Billings, Glendive, Miles City, or Sidney, our attorneys can help you build a solid defense.
For now, let's explore how DUI impacts liability, damages, and the importance of negotiation in a personal injury case.
Simplifying Liability in DUI Cases
In most car accident claims, proving fault involves investigating driver behavior, road conditions, and vehicle damage. However, when a driver is arrested for DUI, the burden of establishing negligence often shifts. Impaired driving violates Montana law, making it easier to link the defendant’s behavior to the collision.
Police reports, breathalyzer results, and witness statements help solidify the narrative that the intoxicated driver caused the crash. As a result, the at-fault party’s insurer may quickly concede liability, but that doesn’t mean they’ll offer a fair settlement.
Criminal Charges Aren't a Substitute for a Personal Injury Claim
It’s commonly assumed that if the impaired driver is convicted, that’s the end of the legal process. However, criminal penalties like license suspension or jail time don’t address the victim’s financial losses. Personal injury claims run on a separate track and focus on medical bills, missed work, and long-term suffering.
Montana law allows injury victims to file civil lawsuits even when the impaired driver is facing criminal prosecution. While the conviction can strengthen your claim, it doesn’t provide direct financial relief. That’s why pursuing a personal injury claim remains essential.
Damages in DUI-Related Injury Claims
Victims of DUI accidents in Montana can seek the same damages as in other injury claims. However, courts often recognize the added seriousness of DUI and respond accordingly.
Emotional trauma, long-term treatment, and punitive damages are more frequently awarded. Common damages awarded in DUI-related personal injury claims include:
Medical expenses: Hospital stays, surgeries, physical therapy, and future care costs.
Lost income: Missed workdays, reduced hours, or loss of future earning capacity.
Pain and suffering: Chronic pain, emotional distress, and reduced quality of life.
Property damage: Costs associated with repairing or replacing your vehicle.
Punitive damages: Additional compensation awarded to punish extreme misconduct.
Punitive damages don’t apply in every case, but they’re more common in DUI cases because of the driver’s reckless disregard for others’ safety.
How Criminal Case Evidence Can Strengthen Your Claim
One advantage of filing a personal injury claim after a DUI accident is the availability of criminal case evidence. Police bodycam footage, toxicology results, and plea agreements can all support your version of events. In many cases, this evidence shortens the investigative timeline and gives your claim more credibility.
Still, this evidence must be properly packaged and presented. Your lawyer may request certified court records or obtain statements from the arresting officers. Leveraging this information early in negotiations often results in higher settlement offers from insurers.
Dealing With Insurance Tactics in DUI Injury Claims
Even when liability seems obvious, insurance companies don’t rush to pay full value. In DUI cases, adjusters may argue that injuries are exaggerated, treatment was unnecessary, or a pre-existing condition is to blame. These strategies are designed to reduce payouts and delay resolution.
Insurers are also more likely to investigate the injured party’s actions, looking for anything that could reduce the driver’s fault percentage. That’s why victims should avoid speaking directly with insurers and allow their legal counsel to respond to inquiries.
Comparative Fault in Montana DUI Accidents
Montana uses a modified comparative fault system, meaning your compensation can be reduced if you’re found partially at fault. If your percentage of fault is 51 percent or more, you can’t recover damages. Even in DUI cases, insurers may attempt to shift some blame to the victim.
They might claim the victim stopped suddenly, failed to signal, or contributed to the accident in some way. Refuting these claims requires a careful review of accident reports, witness accounts, and vehicle damage. Minimizing comparative fault is key to maximizing financial recovery.
Why Punitive Damages Are More Common in DUI Cases
Punitive damages are meant to punish and deter reckless behavior. Montana courts reserve them for cases involving willful or wanton misconduct - criteria often met in DUI scenarios. Unlike compensatory damages, punitive damages focus on the wrongdoer’s behavior, not just the victim’s losses.
These damages send a strong message, particularly when the impaired driver had prior convictions or a high blood alcohol concentration. Including a punitive claim in your personal injury lawsuit can significantly increase the overall value of a personal injury claim.
How DUI Affects Wrongful Death Claims
Tragically, DUI accidents sometimes result in fatal injuries. When this happens, surviving family members may file a wrongful death claim. These cases involve compensation for medical costs, funeral expenses, loss of companionship, and emotional distress.
Montana courts often take DUI-related fatalities seriously, and the wrongful death process can involve both civil and criminal components. A personal injury lawyer helps families coordinate evidence and pursue justice through every legal channel.
Time Limits for Filing a Personal Injury Claim in Montana
Montana law gives victims three years to file a personal injury claim. While that may seem like plenty of time, waiting can make it harder to gather evidence, secure witness cooperation, or locate helpful records. The sooner the victim acts, the stronger their position.
There are exceptions, especially if the victim is a minor or if the claim involves a government vehicle, but in most DUI cases, the three-year clock starts ticking on the date of the accident.
Contact Us Today
If you've been involved in a DUI-related crash, Gerstner Law is here to help. We serve clients across Billings, Montana, including the surrounding areas of Glendive, Miles City, and Sidney. Get in touch with our firm today to schedule a consultation.