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Minnesota Drunk Driver Accident

MINNESOTA DRUNK DRIVER ACCIDENT DEATH OR INJURY: ATTORNEY FOR DRUNK DRIVER CAR ACCIDENT
Auto AccidentThe following information about a Minnesota DWI / DUI accident is provided by Pritzker | Olsen, P.A. Our attorneys have appeared on CBS News, Fox News, KARE-TV, KSTP-TV and WCCO-TV. Several have also been named "Minnesota Super Lawyers" by Minnesota Law & Politics magazine.  If you have been in a Minnesota car accident involving a drunk driver, contact Pritzker | Olsen, P.A. for a free consultation.  Please call toll-free at 1-888-377-8900 or submit the firm's online consultation form for review by an attorney.

Drunk Driving Accident: MN Victim Compensation

If you have been injured in a Minnesota drunk driver accident, you may have a claim for the following:

  • Medical expenses
  • Lost income
  • Pain and suffering - includes physical pain, disfigurement, disability and emotional distress
  • Cost of care
  • Punitive damages - an amount of money meant to punish the party at fault for deliberately disregarding the rights or safety of others

When someone dies in a drunk driver accident in Minnesota, the spouse and next of kin may have a claim for the following under the MN wrongful death statute, Minnesota Statutes, section 573:

  • Funeral expenses
  • Medical expenses
  • Loss of potential earnings
  • Loss of advice, comfort, assistance, protection, counsel and society
  • Punitive damages

Punitive Damages

In a civil action against a drunk driver, the injured party can ask for punitive damages, which, depending on the circumstances, can be significant.  For example, Pritzker | Olsen, P.A. won $6,000,000 on behalf of a 26 year-old female passenger whose right leg was amputated when the motorcycle on which she was a passenger was struck by a drunk driver.

A criminal charge or conviction is not a prerequisite to consideration of punitive damages.  Evidence of past criminal convictions for drunk driving or criminal vehicular homicide or injury is admissible into evidence.  (Minnesota Statutes, Section 169A.76(b) (2006).)  Generally, if there are past criminal convictions for either of these, it is more likely that punitive damages will be awarded.

Dram Shop Liability (Bars and Restaurants)

Drunk Driver Accident MNGenerally, dram shops (bars, restaurants and other sellers of liquor) are liable when they have violated a law or regulation in the state where the liquor was served. This means that the bar, restaurant or other seller of liquor could be responsible for the following:

  • If the victim of the drunk driving accident survives: medical expenses, lost wages, pain and suffering and punitive damages
  • If the victim is killed in the drunk driving accident: funeral expenses, loss of potential earnings, loss of advice and comfort, and punitive damages.

While selling liquor to an obviously intoxicated customer represents the most common dram shop violation, the illegal sale of intoxicating beverages can take other forms, such as:

  • Selling liquor without a license to do so;
  • Selling liquor after hours; or
  • Selling liquor to a minor.

Our Minnesota car accident lawyers can help you determine if a dram shop violation played a role in your car accident. Read more about dram shop liability. 

Negligence of Drunk Driver

Under Minnesota Statute, Section 169A, it is a violation of Minnesota law to drive with an alcohol concentration of .08 or more.  If someone violates this law, it is prima facie evidence of negligence in a civil case (Minnesota Statutes, Section 169.96 (2006)). 

This does not mean that someone who is injured by a drunk driver will automatically win a lawsuit against the drunk driver , but it does mean that the person suing has a good case.

If the drunk driver has not been charged or convicted of drunk driving, a person injured by the drunk driver can still bring a civil lawsuit against the driver.  The person suing the drunk driver may still have a good case, but evidence of the intoxication will have to be proven by a preponderance of the evidence.  A good  car accident lawyer will be able to present a case successfully whether there is a criminal conviction or not. To contact a Minnesota car accident lawyer at Pritzker | Olsen, P.A. for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

If the driver was a commercial truck driver (for example, a tractor-trailer driver), the trucking company, owner of the freight, employer of the driver and others may be liable for damages. Read about truck accident liability and

For further information about drunk driving,
please see the following:

Keywords: Minnesota Drunk driver accident, attorney for drunk driver car accident, lawyer with experience, crash involving drunk driver, intoxicated driver, DUI and DWI, Minneapolis, MN, St. Paul, St. Cloud, Duluth, Moorhead, Rochester, Austin, Bloomington, Edina, Roseville, Shoreview.


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Truck Accident Lawyer

Attorney Fred Pritzker has obtained another large recovery in a car-truck accident case. Our law firm represented the family of a man killed by a truck wheel that had come off of the truck, rolled off a bridge and killed the driver of a car that was traveling on the road below. A confidentiality agreement prevents us from discussing the case in detail, but we welcome you to contact Fred Pritzker (toll-free 1-888-377-8900) for more information about this case and other trucking accident claims our law firm has handled. For more information, see our truck accident FAQ.

 

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