Minnesota Drunk Driving Accident Lawyers

Drunk Driving ClaimsAt Lord & Faris Law Office, we have a unique personal understanding of the impact a drunk driving-related accident can have on an injured person or the family of someone killed by a drunk driver. The legal rights involved in a car accident and a Dram Shop claim are very complicated. Based on our experience, we can evaluate your case and determine what legal action and benefits may be available.

The Drunk Driving Injury attorneys at Lord & Faris have the experience, dedication and determination to take on the wrong-doers. The lifetime legal experience of 130 years found in our Minneapolis Personal Injury Lawyers represents the courage and commitment you want in your attorneys. Call us immediately at 612-333-LORD.

Receive The Personal Attention And Service You Need From Lord & Faris:

Imagine not having to worry about the details of your legal claim. To give you the peace of mind you deserve, and to take the anxiety out of pursuing a personal injury or other claim, we work hard to take over the details of your claim by coordinating every aspect so you can focus on more important matters like health, family and work. Our experience and passion for our clients makes all the difference.

These Are a Few of the Most Frequently Asked Questions Our Minnesota Drunk Driving Accident Attorneys Receive

Q. If I am in an accident with a drunk driver, what are my rights?

A. The first thing to understand is that you have the same rights as any victim who has been injured in a car accident. Please read the information we have provided on your basic rights if you have been in an auto accident. In a car accident you also have the following rights:

1. You have a right to collect from the driver’s insurance.
2. You have a right to collect from the driver.
3. You may have a right to collect from your own insurance for underinsured or uninsured benefits
4. You have the right to collect No-Fault benefits for up to $20,000 in lost wages, and $20,000 in medical expenses.
5. You have the right to have your automobile/truck repaired or replaced.

In addition to the car accident rights, when you are injured by a drunk driver, you may also have the following rights:

Dram Shop Claim:

Under Minn. Stat. § 304A.801, a liquor establishment (usually a bar, restaurant, or liquor store) can be held liable for injuries stemming from the intoxication of the drunk driver, if the sale was illegal.

Generally, illegal sales include:

1. Sales to a minor.
2. Sales to an obviously intoxicated person
3. Sales made during a prohibited time of day/day of the week.

The Dram Shop statute requires:

1. The sale “contributed” to the driver’s intoxication. 2. The intoxication must also be a direct cause of the victim’s injuries. 3. There must also be damages. These can include medical bills, lost wages, property damage, and pain and suffering. Additionally, the surviving family of a victim who passes away as a result of the accident can also sue for loss of support.
2. Under the Social Host Liability Act, you have a right to sue someone over the age of 21 who illegally serves alcohol to a minor, the minor’s intoxication results in the injury or death. Social Host Liability Act.
3. A Wrongful Death claim may be made by the survivors directly against the drunk driver. If a Dram Shop claim is made by the survivors, it must be brought by the survivors individually. Wrongful Death Lawsuits.
4. A claim for punitive damages may be pursued against the drunk driver. If the drunk driver’s blood alcohol level tests above .08, you have a right to make a motion before a judge to add a claim for punitive damages pursuant to Minn. Stat 169A.76.

Q. What are punitive damages?

A. Punitive damages are designed to punish or deter a person who has acted in a willful or indifferent manner towards the rights and safety of another. Juries decide how much to award for punitive damages, after they have found a defendant liable. This type of award is not limited, it can be as big or as small as a jury thinks it should be, and it comes directly out of the drunk driver’s pocket which may act as a deterrent to future drunk driving. The attorneys at Lord & Faris have the experience to pursue a punitive damages claim for you.

Q. What damages can I recover from a drunk driver?

A. Besides being compensated for damages caused by the negligence of the driver such as past and future medical bills and lost wages, property damage, and pain and suffering, funeral expenses and any permanent or disfiguring injuries or death.

Q. What if my auto insurance no-fault coverage pays for all or part of my expenses? Does that money get subtracted from an award?

A. No. If you sue a liquor establishment under the MN Dram Shop Act, the coverage you have received from your no-fault insurance benefits cannot be deducted from the amount of the award. In negligence cases, this amount can be deducted from the award, but Dram Shop claims are based on strict liability.

Q. How long do I have to bring a lawsuit against a bar that contributed to the intoxication of the driver that injured me?

A. There are specific time limitations within which you may bring a claim.

1. A Dram Shop lawsuit against the bar MUST be filed within TWO years of the injury or death.
2. In addition, Minn. Stat. 340A.802 subd. 2 requires the defendant bar must have been given notice of the injured person’s intent to make a Dram Shop claim within 240 days of the date following when the claimant entered into an attorney-client relationship.
3. Usually a Wrongful Death Claim must be sued out within 3 years except in the case of a Dram Shop claim which must be brought within 2 years.

Q. Who has the right to file a Dram Shop lawsuit against the bar?

A. Any dependents can recover for loss of means of support, property loss and pecuniary loss. Any dependents include the following: a spouse, child, parent, guardian, employer, or other person, injured in property or means of support.

Q. Will the dependents be punished by the fact that the intoxicated person was partly at fault for their own injury?

A. No. Comparative fault will not be imputed to the family of the allegedly intoxicated person.

Q. Does the person who is injured by their own intoxication have a right to sue the bar?

A. The law does not allow the intoxicated person to sue the bar for causing their injury, no matter what. If he/she dies, their estate can’t sue, but the family members as dependents can sue. Minn. Stat. 340A.801. subd. 1.

Q. Is Drunk Driving still a problem in Minnesota?

A. In 2008 alone, 163 people died in Minnesota and more than 2,896 were injured in alcohol-related crashes. Historically, accidents involving alcohol cause more serious injuries: Recent figures show that 12 percent of moderate injuries and almost 36 percent of severe injuries from automobile accidents in Minnesota were the result of an alcohol-related crash.
There were 35,736 impaired driving incidents in Minnesota.

Minneapolis St Paul Personal Injury Law Firm

The Law Firm of Lord & Faris is a Minneapolis and St. Paul based personal injury law office that works for individuals and families throughout Minnesota including the following cities: Minneapolis, St. Paul, Plymouth, Burnsville, St. Louis Park, Golden Valley, Edina, Bloomington, Eden Prairie, Eagan, Richfield, Maplewood, Roseville, Brooklyn Park, Maple Grove, Blaine, Lakeville, Woodbury, Duluth, Coon Rapids, Lino Lakes, North Oaks, Stillwater, White Bear Lake, Minnetonka, Apple Valley, St. Cloud, Plymouth, Rochester, Wayzata, Excelsior, Chanhassen, Chaska, Mankato, Marshall, Hibbing, Brainerd.