An intoxicated driver chose to get behind the wheel. Now you are left paying the consequences with injuries, mounting medical bills, missed work, and financial strain because of their careless decision.
A criminal case against the drunk driver can punish them and may provide restitution for certain financial losses, but it does not replace a civil claim for the full range of compensation available for your injuries and other damages. After a serious DUI collision on I-90, King Avenue West, Shiloh Road, or another Billings route, your civil case requires its own investigation.
At Yellowstone Law, our Billings drunk driving accident lawyers take on the legal and insurance work, identify every party that may be responsible, and pursue claims against additional parties when Montana law allows. Our goal is to help you and your family move forward without having to manage a complicated injury claim on your own.
We have spent decades representing injured Montanans. Call 406-259-9986 or contact us online for a free consultation.
SCHEDULE FOR A FREE CASE EVALUATION
Can I Sue a Drunk Driver in Montana?
You may sue a drunk driver in Montana when the driver's conduct caused a crash that injured you. Your civil claim is separate from the state's DUI prosecution, so you do not need to wait for or rely on a criminal conviction before pursuing compensation.
Montana's driving under the influence law addresses alcohol, drugs, and other forms of impairment. Evidence gathered during that investigation can also become important in your injury claim.
Here’s a look at how DUI cases can progress on the two separate legal tracks:
Criminal DUI Case
- Prosecuted by the government.
- Focuses on whether the driver committed a crime.
- May result in criminal penalties.
- Proceeds on the criminal court's timetable.
Civil Injury Claim
- Brought by you against the responsible party.
- Focuses on fault, causation, injuries, and damages.
- May result in compensation for your losses.
- Can begin without waiting for the criminal case to end.
An arrest or DUI charge can provide valuable evidence, but it does not replace the work required to prove the full value of your civil claim.
Why Hire a Billings Drunk Driving Accident Lawyer When the Driver Was Already Arrested?
A DUI arrest does not make an injury claim automatic. You still need evidence connecting the driver's conduct to the crash, your injuries, your financial losses, and any compensation you may need in the future. Our work goes well beyond showing that the other driver had been drinking.
Build the Civil Case Independently
We obtain law-enforcement records, chemical test results, video, witness evidence, vehicle data, medical documentation, and other evidence that helps establish what happened and everything the crash has cost you.
Depending on where the crash occurred, we may also obtain reports, body-camera footage, dash-camera video, or other records from the Billings Police Department, Montana Highway Patrol, or another investigating agency.
Deal With the Insurance Companies
Our team of Billings drunk driving accident lawyers handles communications with the insurers and evaluates settlement offers against the evidence supporting your claim.
An insurer may still dispute your injuries, medical treatment, damages, or shared fault even when impairment seems clear. We fight for the full value of your claim, not what the insurer thinks you should get.
Look Beyond the Driver
Some DUI crashes involve additional sources of liability or insurance. We examine those possibilities early because evidence can disappear and some claims carry much shorter deadlines.
A drunk driving case remains a type of car accident claim, but impairment adds legal and factual issues that may require a different investigation. We also represent people injured in other crashes through our Billings car accident lawyer practice.
More Than One Party May Be Responsible for a DUI Crash
The impaired driver is usually the central defendant in a drunk driving injury claim. In some cases, however, Montana law may also allow a claim against the person or business that provided the alcohol.
The Impaired Driver
A driver who causes a collision while impaired may be responsible for the injuries and losses caused by the crash. Police observations, chemical testing, witness accounts, video, and the driver's conduct before and after impact can all become relevant.
A DUI charge can strengthen the evidence available to us, but the civil case still must connect the driver's conduct to your damages.
A Bar, Restaurant, or Other Alcohol Provider
Montana's alcohol-provider liability law allows claims only in specific circumstances. One basis for liability is proof that the person was visibly intoxicated when the establishment provided the alcohol.
The law also allows a claim if the provider served an underage person knowingly or without making a reasonable effort to verify age, coerced the person into drinking, or falsely claimed the beverage contained no alcohol.
Montana law does not allow a driver’s actual or estimated blood alcohol level to be used to infer that a server observed visible intoxication before serving alcohol. Evidence such as surveillance footage, witness accounts, receipts, and observations made before additional alcohol was served may become especially important.
Attorney Insight
A DUI arrest answers only part of the civil liability question. We look at how the crash happened, where the driver obtained alcohol, what insurance applies, and whether another legally responsible party may affect the path to recovery.
If you believe a business may have served the driver before the crash, early legal review is particularly important because Montana imposes special notice and filing deadlines on these claims.
Compensation After a Drunk Driving Crash Can Go Beyond Medical Bills
A Montana drunk driving accident claim may seek compensation for financial losses and for the personal impact of your injuries. In some cases, you may also seek punitive damages.
Unlike compensatory damages, which repay you for your losses, punitive damages are meant to punish especially wrongful conduct and set an example to discourage similar conduct.
| Type of Damages | Recoverable Losses & Scope |
| Economic damages | Medical bills, future medical care, lost income, reduced earning capacity, vehicle repair or replacement, and out-of-pocket expenses (such as travel for treatment and home care support) |
| Non-economic damages | Physical pain, emotional distress, physical impairment or disfigurement, loss of enjoyment of life, and loss of consortium (impact on marital relationships) |
| Punitive damages | Additional damages awarded to punish or deter egregious conduct when the defendant's actions meet Montana's legal standard for actual fraud or actual malice |
Montana's punitive damages law requires clear and convincing evidence of actual fraud or actual malice. Drunk driving may support a punitive damages claim when the facts meet that standard, but punitive damages are not automatic simply because alcohol was involved.
A Montana DUI accident lawyer should evaluate compensatory and punitive damages separately rather than treating impairment as a shortcut to a particular result.
If an impaired driver has left you facing serious injuries and financial uncertainty, you do not have to evaluate these issues against an insurance company alone. Call us at 406-259-9986 for a free case review.
Injured by a drunk driver? Call Yellowstone Law today at 406-259-9986 or contact us online for a free consultation. We are available 24/7.
Yellowstone Law, 310 Grand Avenue, Billings, MT 59101. Rooted in Montana. Committed to you.
Can the Insurance Company Reduce My Claim by Blaming Me?
Yes, an insurer may try to reduce a drunk driving claim by arguing that you also contributed to the crash. For example, an insurance company might claim you shared fault if you drove above the speed limit, failed to use your headlights in low visibility, or looked at a mobile device before the collision.
Montana's comparative negligence rule generally allows you to recover when your share of fault is 50% or less, but your compensation is reduced by your percentage of fault. For example, a person found 20% responsible for a collision would generally receive 80% of the damages otherwise awarded.
The other driver's intoxication does not preclude questions regarding speed, right-of-way, distraction, or other conduct surrounding the collision.
Because your share of fault can reduce the compensation you recover, evidence showing exactly how the crash happened remains important even when the other driver was clearly impaired. At Yellowstone Law, our Billings drunk driving accident attorneys fight to keep the blame focused on the impaired driver, not on a simple error on your part.
Montana Filing Deadlines Can Differ Depending on Who You Sue
Most Montana personal injury actions must be filed within three years, but an alcohol-provider claim can have a substantially shorter deadline. Waiting for the criminal DUI case to finish can therefore create unnecessary risk.
Claims Against the Drunk Driver
Montana's personal injury statute of limitations generally provides three years for a personal injury action. Exceptions can affect particular cases, so the deadline should be evaluated from the facts rather than treated as extra time to wait.
Claims Against an Alcohol Provider
A claim against someone who furnished the alcohol has a different timetable. Montana law generally requires certified-mail notice of an intended claim within 180 days of the sale or service, followed by filing the lawsuit within two years of the sale or service.
That shorter deadline is one reason we investigate possible alcohol-provider liability early instead of waiting to see how the claim against the driver develops.
Why Choose Yellowstone Law After a Drunk Driving Crash?
A serious DUI crash can turn into a dispute over fault, medical proof, insurance coverage, future losses, and sometimes alcohol-provider liability. We bring Montana courtroom experience, insurance-company insight, and a long record of serious injury work to those issues.
- More than 81 years of combined legal experience. Our attorneys have spent decades handling personal injury and wrongful death litigation in Montana.
- More than $250 million in verdicts and settlements. Our published results also include a $35 million car accident case and a $16 million wrongful death case.
- More than 2,000 cases resolved. That volume gives us substantial experience evaluating evidence, dealing with insurers, and preparing serious injury claims.
- Insurance defense insight. Tanis Holm spent 17 years defending insurance companies and corporations before representing injured people. She knows how insurers evaluate, minimize, and defend claims.
- Deep Billings and Montana roots. Our attorneys have spent decades representing injured Montanans from our office on Grand Avenue in Billings. Shane Colton is a fifth-generation Montanan who has dedicated his career to helping families in Billings and throughout Montana recover from serious accidents.
- Communication clients notice. We keep our clients and their needs front and center in everything we do. One client wrote, “They really do take care of your best interests and make you feel like you are a priority.”
- Trial-ready representation: We prepare serious injury claims with litigation in mind from the beginning, preserving evidence and building the case so we are ready to take it to court if a fair settlement cannot be reached.
- Contingency fee representation: We handle personal injury cases on a contingency fee basis, so you do not pay hourly attorney fees while we pursue your claim. Our fee is tied to the recovery we obtain for you.
DUI Accident Questions Our Billings Lawyers Hear From Injured Clients
What if the drunk driver has no insurance or not enough insurance?
Your own auto coverage may provide another source of compensation. Montana requires uninsured motorist coverage unless the insured rejects it, while underinsured motorist coverage may apply when your policy includes it and the at-fault driver's limits are too low. Our Billings uninsured motorist accident lawyers can review the policy and available coverage.
What if a suspected drunk driver hit me and fled?
A hit-and-run does not necessarily prevent you from pursuing compensation. We can investigate the driver's identity while also examining whether uninsured motorist coverage or another source of insurance may apply. Yellowstone Law’s Billings hit-and-run accident lawyers can coordinate those issues under a single claim strategy.
What evidence should my lawyer preserve after a DUI crash?
We may seek police reports, body-camera and dash-camera footage, chemical test results, 911 recordings, witness statements, nearby surveillance footage, vehicle data, photographs, and medical records. If alcohol-provider liability is possible, receipts, tabs, surveillance recordings, and witness evidence from the place that served the driver may also become important.
Can I still bring a claim if the driver was never convicted of DUI?
Yes, you may still have a civil injury claim even if the other driver was never convicted of DUI. A civil claim and a criminal prosecution have different purposes and legal standards. We can use the available crash evidence to establish negligence and damages without making your recovery depend entirely on the criminal case.
Will my drunk driving accident case have to go to trial?
Most injury claims can be resolved without a trial, but whether settlement makes sense depends on the evidence and the amount offered. We prepare claims with litigation in mind so an insurer knows that rejecting a reasonable resolution does not end the case. We discuss the available options with you before important decisions are made.
How much does it cost to talk with our lawyers about my DUI accident?
Your initial consultation with us is free. We can review how the crash happened, the insurance involved, your injuries, and any potential third-party liability before you decide whether to hire us. You can call 406-259-9986 to discuss the claim with our Billings team.
Put a Billings Drunk Driving Accident Lawyer on Your Side
A drunk driver's criminal case will focus on what the driver did. Your civil case must focus on what that decision did to you and what it will take to address the losses that followed.
A Montana drunk driving accident lawyer from our firm can investigate the crash, deal with the insurers, identify additional sources of liability, and build a claim around the full impact of your injuries.
Call 406-259-9986 or contact us online for a free consultation. We are available 24/7.