Welcome to Pritzker | Ruohonen

Drunk Driver

The following information about drunk driving liability under Minnesota law is provided by Pritzker | Ruohonen, a leading Minnesota personal injury law firm.  Attorneys Fred Pritzker, Rich Ruohonen and Elliot Olsen have all been named Minnesota Super Lawyers by Minnesota Law & Politics magazine.  If you have been in a car accident involving a drunk driver, contact Pritzker | Ruohonen 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.

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 | Ruohonen for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

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 | Ruohonen won $6,000,000 on behalf of a 26 year-old female passenger whose right leg was traumatically 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.

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


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Pritzker | Ruohonen Newsletter

Pritzker | Ruohonen is now publishing its newsletters online. Sign up today to receive the newsletter via email. Read our newsletters: Feb/March 2008 and April/May 2008.

 

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