| Drunk Driving Victim FAQs |
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At Howard Sussman & Associates, P.A., there is always a knowledgeable car accident attorney available to answer your questions. For your convenience, we have provided answers to some of our clients' more frequently asked questions. Keep in mind that every drunk driving car accident involves unique circumstances, so the answers to the questions below may not apply to your situation. For a free evaluation of your potential car accident claim, give us a call at 612.332.4830 or email one of our Minneapolis car accident attorneys.
The driver who hit me was drunk and uninsured. What can I do? When a car accident is caused by a drunk driver, there is a possibility that a "dram shop" claim can be filed against the bar or liquor store that sold the alcoholic beverages to the drunk driver who caused the car accident. A "dram shop" claim may be particularly helpful when the driver is uninsured or underinsured, and may add significant coverage if you have serious injuries. I understand that I can sue the drunk driver who hit me, but I think he should be punished too. Is that going to happen? Criminal sanctions for drunk driving—Under Minnesota Law, the level of a drunk driver's criminal punishment depends on a variety of factors, including the number of times the drunk driver has previously been cited for drunk driving and the extent of injuries to the individuals involved in the accident. Penalties include incarceration, fines and loss of driving privileges. Specific information on the criminal penalties for drunk driving can be found on the Minnesota Department of Public Safety website Punitive Damages Recoverable for Drunk Driving—Minnesota law allows a party injured by a drunk driver to make a claim for punitive damages against the drunk driver. Punitive damages, by definition, are money damages specifically intended to punish a defendant in a lawsuit. The punitive damages claim in a drunk driving accident case will not be based on the victim's injuries, but on the egregiousness of the drunk driver's actions. The amount of punitive damages is also affected by the drunk driver's ability to pay. They are almost never covered by the driver's car insurance and the debt resulting from a punitive damages award is not dischargeable in bankruptcy. I was drunk and ran my car into a tree. What are my options for recovering for my damages? Your car insurance may cover some of your damages. If you were obviously intoxicated, but served at a bar or liquor store prior to the accident, your dependants may have a dram shop claims against the establishment that served you. I was a passenger in a drunk driver's car when the accident happened. What are my options? You can bring a claim against the drunk driver and/or the other driver in the car accident. You may also have a dram shop claim against the bar or liquor store that provided alcohol to the driver of the car. |
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