One out of every seven Minnesota drivers has a DWI on their record. If you’ve been hit by one of them, you know the aftermath isn’t just about bent metal and insurance forms. It’s about pain, medical bills piling up, lost time from work, and the jarring realization that someone else’s recklessness turned your world upside down.
You’re hurt, maybe unable to work, and suddenly facing a system designed to frustrate you. But you don’t have to navigate this alone. With a trusted Minnesota drunk driving accident lawyer on your side, holding the responsible parties accountable is possible—and getting fair compensation for what you’ve endured isn’t just a hope. It’s your right.
Call Mottaz & Sisk Injury Law at (763) 317-4574 today.
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Why Choose Mottaz & Sisk When Everything’s Gone Sideways?
Some intoxicated driver slammed into you, and now you’re wading through the wreckage. You need someone who doesn’t just file paperwork but actually fights for you. That’s where we come in. At Mottaz & Sisk Injury Law, we focus on helping people like you who’ve been hurt because of someone else’s negligence, especially in serious accidents like those caused by drunk drivers.
Our attorneys, Mike Mottaz and Jim Sisk, aren’t rookies. They’ve spent decades in the trenches, taking on insurance companies and getting substantial results for clients. Jim Sisk is Board Certified in Civil Trial Law by both the National Board of Trial Advocacy (NBTA) and the Minnesota State Bar Association (MSBA) – a distinction few attorneys achieve, showing a high level of competence and experience in court. Mike Mottaz brings extensive trial experience to the table. We prepare every case as if it’s going to trial because that approach gets results, whether through a settlement or a verdict. We’ve seen firsthand how insurance companies try to lowball victims, and we know the tactics needed to counter them effectively. You won’t be handed off to a paralegal here; you work directly with experienced attorneys dedicated to your case.
Our main office is conveniently located at Coon Rapids (3340 Northdale Blvd NW Ste 140), easily accessible off the I-10. We’ve earned recognition like inclusion in Super Lawyers and the National Trial Lawyers Top 100 because we get results.
We operate on a contingency fee basis, meaning we don’t get paid unless we win compensation for you. Your focus should be on healing; our focus is on fighting for the compensation you deserve.
Minnesota Drunk Driving Accident Compensation: What Can You Recover?
After a drunk driving crash, the question of “what’s this going to cost me?” quickly follows “am I okay?”. Then comes, “what compensation can I get for this mess?” Minnesota law allows victims of negligence, including drunk driving accidents, to seek damages—legal term for financial compensation—for their losses.
Here’s how damages typically break down:
Economic Damages
This is the straightforward stuff – the tangible financial losses directly resulting from the accident. Think of it as reimbursement for every dollar the crash cost you. This includes:
- Medical Bills: Every ambulance ride, ER visit, hospital stay, surgery, physical therapy session, medication cost, and future medical treatment related to your injuries. Keep every single bill and receipt.
- Lost Wages: Compensation for the income you lost while recovering, and potentially for diminished earning capacity if your injuries prevent you from returning to your previous job or working at the same level.
- Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
- Other Out-of-Pocket Expenses: Costs like transportation to medical appointments, modifications to your home or vehicle if needed for accessibility, or hiring help for tasks you can no longer perform.
Our job involves meticulously calculating these present and future costs to ensure nothing is overlooked.
Non-Economic Damages
These damages cover the non-tangible, but very real, suffering caused by the accident. They are harder to put a price tag on, but they represent the profound impact the crash had on your life. This category includes:
- Pain and Suffering: Compensation for the physical pain and emotional distress you’ve endured and may continue to endure.
- Emotional Distress: Covering anxiety, depression, PTSD, sleep disturbances, fear, and other psychological impacts stemming from the trauma of the accident.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or life experiences you previously enjoyed.
- Loss of Consortium: In some cases, the uninjured spouse of the victim may claim damages for the loss of companionship, affection, and services due to the injuries.
Calculating these damages involves understanding the severity of your injuries, the length of your recovery, the permanency of any disability, and how the accident has fundamentally altered your life.
Punitive Damages
Sometimes, the drunk driver’s conduct is so reckless and shows such a blatant disregard for the safety of others that Minnesota law allows for punitive damages. Governed by Minnesota Statute § 549.20, these aren’t meant to compensate you for losses but to punish the wrongdoer and deter similar behavior in the future.
Getting punitive damages requires presenting “clear and convincing evidence” that the defendant acted with “deliberate disregard for the rights or safety of others.” Driving drunk often meets this standard. There’s a specific legal process to request these damages, but in egregious cases, they can significantly increase the total recovery amount.
Where Drunk Driving Crashes Frequently Occur in Minnesota
While a drunk driving accident can happen anywhere, certain roads and conditions see more than their fair share. Data from the Minnesota Department of Public Safety (DPS) and news reports consistently highlight areas where the risk seems higher. In one recent year alone, 74 people were killed and 2,228 were injured in alcohol-related crashes in the state.
We often see serious accidents on major highways and busy intersections, especially during nights and weekends when impaired driving rates increase. Based on traffic data and news reports, some notable roads and areas known for accidents (not exclusively DUI-related, but high-risk areas) include:
- US Highway 169: High traffic volume, particularly through the metro and areas experiencing population growth, combined with sometimes harsh weather, contributes to accidents.
- US Highway 12: Especially the stretch between Wayzata and Delano, known for challenging intersections and lane configurations, despite safety improvements.
- Interstate 94: As a major artery through the Twin Cities, heavy traffic volume and high speeds make accidents common and often severe. The intersection at Snelling Avenue in St. Paul has been previously cited as dangerous due to congestion.
- US Highway 14: Stretching across southern Minnesota, certain intersections, like the one with Olmsted Co. Rd. 3 near Rochester, have historically shown crash rates significantly higher than the state average.
- US Highway 10: Running along the northern metro edge, this older highway contends with high traffic and winter hazards.
- Hiawatha Avenue (Hwy 55) in Minneapolis: Intersections like the one at 26th Street have been noted for rear-end collisions, sometimes involving drivers coming off the freeway.
Holidays like New Year’s Eve/Day and Independence Day see spikes in DWI arrests, indicating higher risk periods on all roads. Remember, while these areas see frequent crashes, a drunk driver can turn any road into a danger zone in an instant.
Understanding Minnesota Drunk Driving Accident Claims
Getting hit by a drunk driver isn’t just a “car accident.” It involves specific legal factors and potential avenues for recovery beyond just suing the driver.
Types of Drunk Driving Accidents
Impaired driving can lead to virtually any type of collision, often with increased severity due to delayed reaction times and poor judgment. Common scenarios include:
- Rear-End Collisions: Impaired drivers may fail to notice stopped or slowing traffic ahead.
- Head-On Collisions: Drifting across the centerline is a frequent and devastating consequence of intoxication.
- T-Bone/Intersection Accidents: Running red lights or stop signs due to impaired perception or decision-making.
- Sideswipes: Difficulty maintaining lane position.
- Single-Vehicle Crashes: Running off the road, hitting fixed objects.
- Pedestrian or Bicyclist Accidents: Failure to see or yield to vulnerable road users.
Common Injuries in Drunk Driving Accidents
The force involved in these crashes, often exacerbated by speed or lack of braking, can cause severe injuries:
- Traumatic Brain Injuries (TBI): From mild concussions to severe, life-altering brain damage.
- Spinal Cord Injuries: Leading to paralysis (paraplegia or quadriplegia).
- Broken Bones / Fractures: Often multiple fractures requiring surgery and extensive rehabilitation.
- Internal Injuries: Damage to organs, internal bleeding.
- Whiplash and Soft Tissue Injuries: Neck and back injuries that can cause chronic pain.
- Burns: If the crash involves fire.
- Amputations: Loss of limbs due to catastrophic impact.
- Psychological Trauma: PTSD, anxiety, depression.
Minnesota Laws Governing Drunk Driving Claims
Several Minnesota statutes are particularly relevant:
- Minnesota Statute § 169A.20 (Driving While Impaired): Defines the crime of DWI. Proving the other driver was convicted of DWI (or even charged) can be strong evidence of negligence in your civil claim. A BAC of 0.08% or higher establishes impairment, but a driver can be impaired even below this limit.
- Minnesota Statute § 340A.801 (Dram Shop Act): This important law allows victims to potentially sue bars, restaurants, or liquor stores that illegally sold alcohol to the drunk driver who caused the accident. An illegal sale includes serving someone who was obviously intoxicated or serving a minor. There’s a strict notice requirement: the establishment must generally be notified of a potential claim within 240 days of the injury. The statute of limitations for filing a lawsuit under the Dram Shop Act is only two years from the date of injury (Minn. Stat. § 340A.802, subd. 2), which is much shorter than the general personal injury deadline.
- Minnesota Statute § 541.05, subd. 1(5) (Statute of Limitations): Generally, you have six years from the date of the injury to file a personal injury lawsuit against the negligent driver in Minnesota. However, missing this deadline means losing your right to sue. As mentioned, Dram Shop claims have a much shorter two-year deadline. If the claim involves a government entity, the notice periods are even shorter (often 180 days). Don’t wait.
- Minnesota Statute § 549.20 (Punitive Damages): As discussed earlier, allows for punitive damages against defendants who act with “deliberate disregard” for others’ safety, which often applies to drunk driving.
Fighting the Insurance Company Isn’t a Fair Fight (For You)
After a drunk driving crash, you’d expect the responsible driver’s insurance company (or sometimes even your own, depending on coverage) to step up and cover your losses. Don’t count on it. Insurance companies are businesses, and their primary goal is to protect their profits, which means paying out as little as possible on claims. They have adjusters and lawyers whose job is to minimize your settlement.
Here are some tactics they might use:
- Requesting a Recorded Statement Quickly: They might pressure you for a statement before you’ve spoken to a lawyer or fully understand your injuries. They hope you’ll say something, however innocent, that they can later twist to downplay your claim or imply you were partially at fault.
- Offering a Quick, Low Settlement: They might offer a seemingly decent amount early on, hoping you’ll take it before you realize the true extent of your injuries and long-term costs. Accepting this usually means signing away your right to any future compensation.
- Disputing the Severity of Your Injuries: They may argue your injuries aren’t as bad as you claim, that they pre-existed the accident, or that your treatment wasn’t necessary. They might hire their own doctors (Independent Medical Examiners or IMEs) to produce reports favoring their position.
- Delaying Tactics: Dragging out the claims process, hoping you’ll get frustrated and accept a lower offer just to be done with it.
- Shifting Blame: Trying to argue you were partially responsible for the accident, even if the other driver was drunk, to reduce the amount they have to pay under Minnesota’s comparative fault rules.
How We Fight Back:
This is where having experienced legal representation matters. We know these tactics and how to counter them.
- Handling Communications: We take over all communication with the insurance companies. You don’t have to talk to them.
- Thorough Investigation: We gather all evidence—police reports, witness statements, photos, medical records, proof of the driver’s intoxication (breathalyzer results, blood tests, criminal charges/conviction)—to build a strong case establishing liability and the full extent of your damages.
- Accurate Damage Calculation: We work with medical providers and potentially economic experts to calculate the total value of your claim, including future costs.
- Aggressive Negotiation: Armed with evidence, we negotiate forcefully with the insurer for a fair settlement that covers all your losses.
- Litigation: If the insurance company refuses to offer a fair settlement, we don’t hesitate to file a lawsuit and take your case to court. Our readiness for trial often motivates insurers to settle reasonably.
You need an advocate who understands the insurance game and isn’t afraid to push back hard.
Let Us Handle the Fight for You
Don’t let a drunk driver’s mistake define your future. Take control by getting an experienced Minnesota personal injury lawyer on your side. Call us today at (763) 317-4574 for a free consultation.