Practice Areas

Personal Injury and Wrongful Death

Minnesota Drunk Driver Accident:
Lawyer for Investigation and Lawsuit

One of our drunk driver personal injury cases involved a 26 year-old woman who was riding on a motorcycle with her boyfriend when the motorcycle was rear ended by a drunk driver. One of her legs was so badly crushed that it had to be amputated. The drunk driver did not have enough insurance to fully compensate our client, so we filed a lawsuit against the bar where he had been drinking and won $6,000,000 at trial. Cases against bars are called dram shop claims. We discuss them below.

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, PritzkerOlsen, 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 MN Generally, 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 PritzkerOlsen, 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.

Minnesota Drunk Driver Accident News and Topics

17 year-old Sean Fitzpatrick Seriously Injured by Drunk Driver in Woodbury, MN
A car full of teenagers was rear ended by a drunk driver while the car was stopped at the intersection of Valley Creek Road and Woodbury Drive, in Woodbury, MN. The suspected drunk driver may have been traveling as fast as 80 mph before the crash.

Drunk Driver Personal Injury MN Attorneys
Drunk driving collisions are some of the most serious injury cases that we get in our law office. That is because when a driver is driving drunk, the speeds and the actions taken tend to be more extreme, causing more extreme injuries.

DWI Penalites - MN Law
Criminal DWI penalties in Minnesota are tiered, with first degree DUI being a felony, punishable by up to seven years’ imprisonment and a $14,000 fine.

Minnesota DWI Wrongful Death
Information about DWI wrongful death lawsuits, including compensation and dram shop laws.

Hit by a Drunk Driver
A civil case against a drunk driver does not involve prison time or fine. A civil case is brought against the drunk driver (and others, depending on the vehicles involved in the accident) to get money for the victims of the accident and their families. This money is called "damages" and is meant to pay medical bills and compensate for lost income, emotional distress, pain and suffering, disability and loss of quality of life.

Killed by a Drunk Driver
If someone is killed by a drunk driver in Minnesota, the spouse and next of kin may have a claim for the following under the MN wrongful death statute.

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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Settlements, Verdicts and News

Minnesota Motorcycle Accident Lawyer Wins Millions for Motorcycle Passenger

Attorney Fred Pritzker won $6,000,000 for a woman whose right leg was amputated when the motorcycle on which she was a passenger was struck by a drunk driver. Fred filed claims against the drunk driver and a bar under Minnesota's dram shop liability laws.

Bicycle Accident Wrongful Death Verdict

Attorneys Fred Pritzker and Eric Hageman won a $2,469,339 verdict in a wrongful death case on behalf of a 52-year-old female bicyclist run over by a right turning tractor-semi-trailer.

AV Preeminent Rating by Martindale-Hubbell

Attorneys Fred Pritzker and Eric Hageman have been given the highest rating by Martindale-Hubbell for attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.

Twin Cities Truck Tire Wrongful Death Verdict

Our Twin Cities law firm recently won $2,850,000 for a family whose loved one was killed by a truck tire that crashed through a car windshield. Read about a truck wheel off accident.

Tow Truck Accident in Beltrami County

Minnesota personal injury attorneys Fred Pritzker and Elliot Olsen obtained a $2,750,000 settlement for a 59 year-old truck driver who suffered a traumatic brain injury (TBI), the loss of his left eye and significant disfigurement when the tow chain being used to pull the man’s semi tractor-trailer out of a ditch broke loose from a front-end loader to which it was attached. The accident happened in Bemidji, Minnesota. This was a work injury involving a third party claim.

Semi-Truck Crash Settlement

Pritzker Olsen attorneys Fred Pritzker and Eric Hageman recently obtained a hard-fought $2,560,000 recovery for a couple who were seriously injured in a semi-truck crash. The husband suffered serious head injury (TBI). Read about the semi truck crash settlement.

Our lawyers have recovered millions more for our clients. Contact us for a free consultation about your accident.

Adjunct Teaching Position At U of M Law School

Attorney Brendan Flaherty has accepted an adjunct teaching position at the University of Minnesota Law School. For the 2011 spring semester, Flaherty will teach a course entitled "Practice and Professionalism," which will introduce students to foundational lawyering skills and professional responsibility issues.

Fred Pritzker Listed in The Best Lawyers in America

Fred Pritzker has been notified that he will again be listed in The Best Lawyers in America for his work in personal injury litigation.

Minnesota State Patrol Reports

SOUTHBOUND TOYOTA PRIUS CROSSED CENTER LINE AND STRUCK NORTHBOUND FORD ESCAPE ON HIGHWAY 15 IN WATONWAN COUNTY. THE NAME OF THE JUVENILE DRIVER OF THE PRIUS WILL NOT BE RELEASED. CRASH CAUSE IS STILL UNDER INVESTIGATION. THE DRIVER OF THE FORD ESCAPE WAS GARY FENRICH OF FAIRMONT, WHO DIED AT THE SCENE.
VEHICLE 1 SB ON 35 I, DRIVER DOSED OFF, VEARED INTO MEDIAN, STRUCK MULTIPLE MEDIAN POST ON I35 IN RICE COUNTY. VEHICLE THEN TRAVELED ACROSS SB LANES AND ROLLED 1 COMPLETE TIME INTO SB DITCH. COMING TO REST ON ITS SIDE. INJURED PASSENGERS INCLUDED RODOLFO VEGA, IVAN WALLS AND CARL EDWARDS.
A FORD LTG REAR ENDED A HONDA ACCORD ON HIGHWAY 14 IN NICOLLET COUNTY. THE DRIVERS AND TWO PASSENGERS SUSTAINED MINOR INJURIES.
A CAB-LESS JOHN DEERE FARM TRACTOR WAS EAST BOUND ON CO 27 WHEN IT WAS REAR-ENDED BY A FORD PICKUP. THE IMPACT EJECTED THE DRIVER OF THE TRACTOR ONTO ROADWAY WHERE HE WAS STRUCK BY A NISSAN PICKUP. ASSISTING WERE: SLEEPY EYE AMBULANCE AND ALLINA AMBULANCE.

This is attorney advertising. Past results do not guarantee a similar outcome. The result of each case is determined by the specific facts and the applicable law.