DUI Accident Attorney in Billings, Montana

In Montana, where the roads stretch wide and the views are breathtaking, it's easy to forget that danger can lurk just around the corner. Among the most significant threats to road safety in our beloved state are accidents caused by driving under the influence (DUI). These incidents not only pose a grave risk to life and property but also bring about a challenging web of legal ramifications, particularly when it comes to personal injury claims.

Understanding DUI in Montana

Before we explore the consequences and the personal injury claims associated with DUI accidents, it's important to understand what constitutes a DUI under Montana law. DUI, or driving under the influence, typically refers to operating a vehicle while impaired by alcohol, drugs, or a combination of both. In Montana, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is reduced to 0.04%, and for drivers under 21, a zero-tolerance policy is in effect, meaning any detectable alcohol can result in DUI charges.

The state of Montana takes DUI offenses very seriously, enforcing strict penalties that escalate with each subsequent offense. These penalties can include hefty fines, mandatory imprisonment, license suspension, and the installation of an ignition interlock device. Despite these deterrents, DUI accidents continue to be a troubling issue on Montana's roads.

The Impact of DUI Accidents

DUI accidents can have devastating effects, often leading to severe personal injuries or even fatalities. The aftermath of such accidents can be overwhelming for victims, both emotionally and physically, as they grapple with the trauma of the incident, medical bills, loss of income, and the long road to recovery.

The legal implications of DUI accidents add another layer of intricacy. For victims, understanding their rights and the avenues available for seeking compensation is paramount. Here, we focus on personal injury claims, which play a critical role in providing financial relief and holding the responsible parties accountable.

Personal Injury Claims in DUI Accidents

When we speak of personal injury in the context of DUI accidents, we refer to the legal claims that arise when someone is injured due to the negligence or wrongful actions of another party—in this case, the impaired driver. Personal injury law is designed to compensate victims for the losses they have suffered, which can include medical expenses, lost wages, pain and suffering, and more.

Establishing Liability

In a DUI accident, establishing liability is usually straightforward since driving under the influence is a clear violation of the law and a demonstration of negligence. However, the victim still needs to prove that the driver's impairment directly caused the accident and the resulting injuries. Evidence such as police reports, witness statements, and medical records can be crucial in building a strong personal injury case.

Comparative Negligence

Montana follows a modified comparative negligence rule, which means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For instance, if a victim is found to be 20% responsible for the accident, their personal injury award would be reduced by 20%. It's worth noting that if a victim is found to be 50% or more at fault, they would not be entitled to any compensation under Montana law.

Types of Compensation

Personal injury claims in DUI accidents can cover a wide range of damages. These can be categorized into economic and non-economic damages. Economic damages refer to tangible losses such as medical expenses, rehabilitation costs, lost wages, and property damage. Non-economic damages, on the other hand, account for intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Punitive Damages 

In cases where the impaired driver's behavior is deemed particularly reckless or malicious, the court may award punitive damages. Unlike compensatory damages, which aim to reimburse the victim, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. Given the grave nature of DUI offenses, courts may be more inclined to impose punitive damages to underscore the severity of the offense and the need for deterrence.

Steps to Take Following a DUI Accident

If one finds themselves a victim of a DUI accident, it's crucial to act swiftly and decisively. The steps taken immediately following the accident can significantly impact the outcome of a personal injury claim. We outline below the key actions one should take:

1. Seek Medical Attention

The first priority should always be to make sure all parties involved are safe. If possible, move to a safe location and call 911 to report the accident. Even if injuries appear minor, it's vital to seek medical attention immediately. Some injuries may not be apparent right away, and having a medical record can be invaluable for any future personal injury claim.

2. Gather Evidence

Collecting evidence at the scene can greatly strengthen a personal injury case. Take photographs of the accident scene, the vehicles involved, any visible injuries, and any contributing factors such as road conditions or signage. Additionally, obtain contact information from any witnesses and make note of any statements made by the impaired driver that could indicate their level of intoxication.

3. File a Police Report

Filing a police report is a crucial step in documenting the accident and establishing an official record of what occurred. Be sure to provide a clear and accurate account of the events leading up to the accident and any observations regarding the impaired driver's behavior or condition.

4. Contact an Attorney

Traversing the intricacies of a personal injury claim following a DUI accident can be challenging, especially when dealing with insurance companies and legal procedures. Engaging a skilled personal injury attorney who's experienced in DUI cases can make a significant difference in the outcome of the claim. An attorney can provide professional guidance, negotiate with insurance companies, and represent the victim's best interests in court if necessary.

The Role of Insurance in DUI Accidents

Insurance plays a pivotal role in the aftermath of a DUI accident, particularly when it comes to compensating victims for their losses. However, dealing with insurance companies can often be a frustrating and overwhelming process, especially for those unfamiliar with the intricacies of insurance law.

Filing a Claim

In most cases, the victim will need to file a claim with the impaired driver's insurance company to seek compensation for their personal injuries and property damage. It's  important to note that Montana is a "fault" state, meaning that the driver who is found to be at fault for the accident is responsible for covering the damages. In DUI cases, proving fault is generally straightforward, but the amount of compensation may still be contested.

Dealing With Insurance Adjusters

Insurance adjusters are trained to minimize payouts and protect the interests of their employer. They may attempt to downplay the severity of injuries, dispute the extent of damages, or even deny the claim altogether. Having a personal injury attorney on one’s side can level the playing field, as attorneys are well-versed in handling insurance companies and know how to counter their tactics effectively.

Uninsured or Underinsured Motorists

Unfortunately, there are instances where the impaired driver may be uninsured or underinsured, leaving the victim with limited avenues for compensation. In such cases, the victim may need to turn to their own insurance policy's uninsured/underinsured motorist coverage to recover damages. It's advisable to review one’s insurance policy to understand the extent of coverage available and consider adding or increasing uninsured/underinsured motorist coverage if it's not already included.

Legal Consequences for Impaired Drivers

For those who choose to drive under the influence, the legal consequences extend far beyond the immediate penalties of fines and imprisonment. A DUI conviction can have lasting effects on one’s personal and professional life, including increased insurance rates, loss of employment opportunities, and a permanent criminal record. Additionally, if the impaired driver is found liable for causing a personal injury, they may face substantial civil liabilities.

Criminal Penalties

As mentioned earlier, DUI offenses in Montana carry severe penalties, particularly for repeat offenders. These penalties can include mandatory jail time, substantial fines, community service, mandatory DUI education programs, and license suspension or revocation. The severity of the penalties is influenced by several factors, including the driver’s BAC, prior DUI convictions, and whether the accident resulted in injury or death.

Civil Liability

Beyond criminal penalties, impaired drivers may also face civil lawsuits brought by the victims of the accident. In such cases, the impaired driver can be held liable for compensatory and punitive damages, which can amount to significant financial burdens. It's worth noting that criminal proceedings and civil lawsuits are separate processes, and the outcome of one does not necessarily determine the outcome of the other.

DUIs and Employment

A DUI conviction can have serious repercussions for one’s employment, especially for those who hold positions that require a clean driving record or involve operating vehicles as part of their job. Employers may terminate or refuse to hire individuals with DUI convictions, particularly if the offense indicates a pattern of risky behavior or poor judgment.

DUI accidents are a serious issue in Montana, carrying far-reaching consequences for both victims and impaired drivers. For victims, understanding their rights and the options available for seeking compensation through personal injury claims is essential to securing the financial relief they need to recover and move forward with their lives. Engaging a skilled personal injury attorney can make a significant difference in the outcome of such claims, making sure that victims are adequately compensated for their losses and that justice is served.

Reach Out to a DUI Accident Attorney

Gerstner Adam Law, founded in 2017, is based in Billings, Montana, and serves clients throughout the state. Our firm focuses on consumer rights, particularly in personal injury and workers' compensation cases. We emphasize honesty, respect, and aggressive representation to help clients traverse legal challenges and restore their lives. We're experienced in handling cases in state district courts, federal district courts, and the Montana Supreme Court. If you're looking for a personal injury attorney to assist you in this matter, call Gerstner Adam Law. We proudly serve Billings, Montana as well as Glendive, Miles City, and Sidney.