Impaired driving remains a persistent danger on Montana roads. If you've been injured by a drunk driver, you have civil rights to compensation that are separate from any criminal prosecution.
Civil and Criminal Cases Are Separate
When a drunk driver injures you, the state may prosecute them criminally, but that case is about punishment, not your compensation. Your civil injury claim is a separate matter focused on recovering for your medical bills, lost income, pain, and other losses. You can pursue it regardless of the criminal outcome.
A criminal conviction can help your civil claim, but you don't have to wait for or depend on one.
Drunk Driving and Liability
Driving while impaired is strong evidence of negligence, which can simplify the liability side of your claim. Because the impaired driver's conduct is so clearly wrongful, the focus often shifts to the extent of your injuries and the available compensation.
Evidence from the criminal investigation — chemical tests, the police report — can support the civil claim.
Potential for Punitive Damages
Montana allows punitive damages in cases involving actual malice, and drunk driving can sometimes support such a claim because of the reckless disregard for others' safety it represents. Punitive damages punish and deter especially blameworthy conduct, beyond compensating your losses.
Whether they apply depends on the specific facts, which an attorney can evaluate.
Dram Shop and Third-Party Liability
In some circumstances, a business that over-served an obviously intoxicated person who then caused a crash may share liability. These claims are fact-specific and subject to Montana's particular rules, but they can add a source of compensation where the drunk driver's coverage is insufficient.
Investigating where and how the driver became intoxicated can reveal additional responsible parties.
Hurt by an Impaired Driver?
If a drunk or impaired driver injured you in Montana, you deserve full compensation for the harm they caused. A free review explains your civil rights and options.
Call 973-566-5599 for a free, confidential case review.
Frequently Asked Questions
Yes. Your civil claim for compensation is separate from any criminal case and proceeds regardless of the criminal outcome. Impaired driving is strong evidence of negligence.
Possibly. In some circumstances a business that over-served an obviously intoxicated person may share liability, though these claims are fact-specific under Montana law.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Montana attorney. Injury Claim Team is a legal referral and lead-generation service, not a law firm.