A drunk driver’s reckless choice to get behind the wheel caused your injuries and upheaval. An experienced Billings drunk driving accident lawyer can immediately begin protecting your rights and pursuing the full compensation available to you.
The criminal justice system may hold the drunk driver accountable for breaking the law, but it doesn’t address your personal losses. A separate civil claim gives you the power to seek recovery for the financial and personal damages you sustained.
Yellowstone Law provides the focused advocacy you need during this challenging time. You have rights, and we’ll help you assert them effectively. Call Yellowstone Law today at (406) 259-9986 to discuss your case.
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Key Takeaways for Billings Drunk Driving Accident Lawyer
- A drunk driver’s criminal DUI case and your civil injury claim are two separate legal actions that can proceed at the same time.
- The evidence from the criminal case, including blood alcohol content (BAC) test results, often strengthens your civil claim.
- In Montana, you may have a claim against a bar or restaurant that served alcohol to a “visibly intoxicated” person who then caused your injuries.
- Liability for social hosts (non-commercial) is more limited but may apply if they served alcohol to a minor or acted with gross negligence.
- Insurance companies for at-fault drivers frequently try to minimize payouts, even when their policyholder was clearly impaired.
- Montana law places a strict time limit on your right to file a personal injury lawsuit, so acting promptly preserves your legal options.
Why Choose Yellowstone Law for Your Impaired Driving Injury Claim
When you face the consequences of someone else’s decision to drive drunk, you want a legal team that knows the community, the courts, and how to build a strong case right here in Yellowstone County.
We dedicate our practice to helping our neighbors secure justice and rebuild their lives. Our team is committed to you from the first call until the final resolution.
We’re Part of the Billings Community
Our lawyers have deep roots in Billings. We know the challenges of driving on busy roads like Grand Avenue or Shiloh Road and the traffic patterns around Rimrock Mall. We have represented clients from neighborhoods across the city, from the Heights to the West End.
Our local familiarity helps us investigate your accident from an insider’s perspective, whether on a main thoroughfare or a quiet street near Pioneer Park.
We Chart a Clear Path Forward
You have questions, and you need a clear, direct strategy. We’ll sit down with you to listen to your story and understand your goals. Our team uses this information to chart a precise legal path to meet your needs.
We manage all the details of your claim, allowing you to focus completely on your physical and emotional recovery.
We Vigorously Pursue Your Best Interests
Our attorneys prepare every case as if it will go to trial. We uncover evidence, define the full scope of your losses, and build a compelling argument for fair compensation. This thorough preparation sends a clear message to the insurance company that we’re ready to fight for you.
We navigate every legal obstacle with determination and focus. Call Yellowstone Law at (406) 259-9986 for dedicated local representation.
Holding the Impaired Driver Accountable
Holding a drunk driver responsible requires more than just proving they caused the crash. A successful claim connects the driver’s impairment directly to your injuries and financial losses. We take control of the legal process so you can dedicate your energy to your health.
A skilled Billings drunk driving accident lawyer from Yellowstone Law pursues all available avenues for accountability on your behalf. We work to build a case that clearly shows how the driver’s negligence led to your specific damages.
Your lawyer can subpoena records and documents that illuminate the full extent of the driver’s irresponsible behavior. We manage all communication with the drunk driver’s insurance representatives.
This allows you to avoid the stress of dealing with adjusters who may use recorded statements to try to devalue or deny your claim. A strong advocate makes a significant difference in the outcome of your case. Let us put our experience to work for you.
Seeking Compensation With a Billings Drunk Driving Accident Lawyer
Montana law allows you to seek recovery for a wide range of losses stemming from the collision. We help you identify and document all your damages to present a comprehensive claim to the insurance company or the court.
A successful injury claim can address the tangible, out-of-pocket expenses you have already incurred and those you’re likely to face in the future. With the right legal representation, a personal injury lawyer helps maximizing your settlement by identifying every compensable loss and strengthening your claim. We work to define every loss so that your settlement or award reflects the true cost of the accident.
Economic Damages
Economic damages represent the specific financial costs you absorbed as a direct result of the crash. Your lawyer gathers bills, receipts, and employment records to establish the exact value of these measurable losses.
These often include:
- Medical Treatment: You may pursue compensation for everything from the initial ambulance ride and emergency room care to hospital stays, surgeries, and rehabilitation therapy.
- Lost Wages: Your recovery may include the income and benefits you lost while unable to work during your recovery period.
- Future Earning Capacity: This payment addresses the loss of your ability to earn income if your injuries prevent you from returning to your previous job.
- Property Damage: These funds cover the cost of repairing your vehicle or, if it was a total loss, replacing it with a comparable one.
Non-Economic Damages
Non-economic damages compensate you for intangible, personal losses that don’t have a specific price tag. These harms recognize the profound human cost of a drunk driving accident and its effect on your daily life and well-being.
These damages account for:
- Physical Pain and Suffering: Your claim may seek compensation for the physical discomfort, pain, and lasting effects of the injuries you sustained.
- Emotional Distress: This payment addresses the mental anguish, anxiety, fear, and other emotional tolls the traumatic event caused.
- Loss of Enjoyment of Life: Compensation may acknowledge your inability to participate in hobbies, activities, and life experiences you previously enjoyed.
Punitive Damages
In cases involving a drunk driver, you may also pursue punitive damages. Courts reserve these damages for situations where the at-fault party acted with actual fraud or actual malice.
Montana law often considers the act of driving while severely intoxicated as a conscious disregard for the safety of others, which can meet this standard.
Unlike economic and non-economic damages that compensate you for losses, punitive damages aim to punish the drunk driver for their reckless behavior and to deter others in our community from making the same dangerous choice.
A Thorough Investigation of Your Injury Case
A comprehensive investigation forms the foundation of a successful drunk driving accident claim. The actions you and your legal team take immediately following the crash can greatly influence your ability to recover fair compensation.
We move quickly to preserve crucial evidence and uncover the facts needed to build a powerful case. Your Billings drunk driving accident lawyer at Yellowstone Law directs a methodical and detailed investigation into every aspect of your collision.
Leveraging the Criminal DUI Case
The police report and the criminal proceedings against the drunk driver provide a powerful starting point for your civil claim. Evidence gathered by law enforcement often establishes the driver’s impairment and negligence, strengthening your position.
Your attorney secures these documents and uses them to your advantage.
Key items from the criminal investigation include:
- Police Accident Report: This official document contains the officer’s initial observations, witness contact information, and a diagram of the accident scene.
- Breathalyzer or Blood Test Results: Chemical test results showing the driver’s blood alcohol content (BAC) serve as proof of their impairment.
- Field Sobriety Test Records: The officer’s notes on the driver’s performance during roadside tests can further demonstrate their lack of fitness to drive.
- Dashcam and Bodycam Footage: Video evidence often captures the driver’s erratic behavior, their admissions of drinking, and the moments after the crash.
Montana’s Liquor Liability and Social Host Liability Laws
Montana’s liquor liability law holds alcohol vendors accountable for serving patrons who are visibly intoxicated. If a bar, restaurant, or liquor store sold alcohol to a clearly drunk individual who then caused your accident, that establishment may be held liable for your damages.
Liability for social hosts, or individuals providing alcohol in a non-commercial setting, is more limited under the same statute. A social host is typically only liable if they provide alcohol to someone under the legal drinking age (21). We investigate all potential sources of recovery to determine if a vendor or other third party contributed to the accident.
We investigate these factors to determine if another party contributed to the accident.
FAQ for Billings Drunk Driving Accident Lawyer
How Does a Driver’s DUI Charge Affect My Civil Claim for Damages?
A driver’s DUI charge may end up helping your civil claim. The evidence from the criminal case, like the police report and BAC test results, creates a strong foundation for proving negligence. A criminal conviction can sometimes be used to establish the driver’s fault automatically in your civil case.
While the two cases are separate, a strong criminal case makes it more difficult for the at-fault driver’s insurance company to dispute liability in your injury claim.
What Kinds of Evidence Help Prove My Case Against the Drunk Driver?
Your lawyer gathers and organizes many forms of evidence to build a strong claim. Each piece of evidence helps tell the story of what happened and why the drunk driver is responsible for your injuries.
Key evidence may include:
- Official Reports: The detailed police accident report and any resulting criminal charges or convictions related to the DUI provide critical documentation.
- Eyewitness Testimony: Your attorney obtains statements from people who saw the accident or observed the driver’s erratic behavior before the crash.
- Visual Documentation: Photographs and videos from the accident scene document important details like vehicle damage, road conditions, and any visible injuries you sustained.
Can I Sue a Bar or Restaurant for Overserving the Driver Who Hit Me?
Yes, Montana law allows you to pursue a claim against a licensed establishment if the person who served alcohol noticed visible and audible signs of intoxication. Your lawyer must uncover evidence showing the vendor knew or should have known the person was intoxicated but continued to serve them anyway.
This often involves interviewing witnesses, reviewing security footage from the establishment, and examining sales receipts.
What Are Common Mistakes People Make When Filing a Drunk Driving Injury Claim?
Your actions after an accident can impact your ability to recover compensation. To protect your rights, there are a few common pitfalls you want to bypass.
Actions to avoid include:
- Giving a Recorded Statement: You’re not required to provide a recorded statement to the other driver’s insurance adjuster; their goal is often to find information they can use against you.
- Accepting a Quick Settlement: The first offer an insurance company makes is almost always too low and doesn’t account for the full extent of your future needs.
- Posting on Social Media: Insurance companies will review your social media profiles for photos or comments that they can use to argue your injuries are not as severe as you claim.
- Delaying Medical Treatment: Failing to see a doctor or follow your treatment plan can lead the insurer to argue that you did not sustain serious injuries in the crash.
How Can a Billings Drunk Driving Accident Lawyer Help My Case?
A Billings drunk driving accident lawyer from Yellowstone Law will take on the entire legal burden for you. We define your rights and handle every detail, from the initial investigation to the final resolution.
Your attorney will start by collecting all the evidence, including police reports, medical records, and witness statements. We navigate all communications with insurance companies, protecting you from adjusters focused on minimizing your claim.
How long do I have to file a drunk driving accident lawsuit in Montana?
In Montana, the statute of limitations for a personal injury claim, including one from a car accident, is generally three years from the date of the injury. Missing this deadline usually means you lose your right to seek compensation in court. Contact a lawyer well before this deadline to protect your rights.
What happens if the drunk driver who hit me has no insurance or not enough insurance?
This is a common problem. You may still recover compensation through your own auto insurance policy, provided you have Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage.
UM coverage applies when the at-fault driver has no insurance, and UIM applies when your damages exceed the limits of the at-fault driver’s policy. We can review your insurance policy to determine all available options for your recovery.
Do I have to wait for the criminal DUI case to finish before I start my injury claim?
No. Your civil injury claim is completely separate from the driver’s criminal DUI case. You can, and should, start your civil claim immediately to preserve evidence and document your losses.
The criminal case focuses on punishing the driver for breaking the law, while your civil case focuses on compensating you for your specific medical, financial, and personal harms.
Charting Your Future
Shane D. Colton, Billings Drunk Driving Accident Lawyer
A collision caused by an intoxicated driver shatters your sense of safety and control. While the event itself is in the past, the decisions you make now will define your future. Take the first step toward reclaiming your stability today by hiring a personal injury lawyer. Yellowstone Law is ready to listen, answer your questions, and build your case. To start the process, contact one of our Billings drunk driving accident lawyers at (406) 259-9986 for a free consultation about your case.
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Yellowstone Law – Office Location
310 Grand Avenue,
Billings, MT 59101
Call Now For A Free Consultation(406) 259-9986