The moments after a drunk driving accident can feel like a nightmare. You may be dealing with serious injuries, emotional trauma, and a vehicle that is now a wreck on the side of the road. When someone else’s reckless choice to drive under the influence shatters your sense of safety, you are left to pick up the pieces.
At Rimrock Law, we want you to know that you are not alone in this fight for justice. A dedicated Billings drunk driving accident lawyer from our firm can help you understand your rights and pursue accountability. If you are ready to learn about your options, call us for a free consultation. The team at Rimrock Law is here to listen.
Our dedicated injury lawyers are here to help you understand your rights and options, allowing you to focus on what matters most: your recovery.
Why Choose Rimrock Law for Your Billings Drunk Driving Accident Claim
Choosing legal representation after a traumatic event is a significant decision. You need a team that not only understands Montana's legal landscape but also understands what you are going through. At Rimrock Law, we approach every case with a deep sense of commitment to the person we are representing. We see you, we hear you, and we are ready to stand by your side. Our mission as your advocates is to handle the legal complexities so you can focus on what matters most: your health and your family.
We believe our approach makes a difference for families in Billings and across Montana. Our commitment to you includes:
- A Team-Based Strategy: You get the collective knowledge and experience of our entire legal team. We collaborate on cases to explore every possible avenue for a favorable outcome for our clients.
- A Focus on You: We know that a personal injury claim is about more than money. It is about holding a negligent driver accountable and securing the resources you need to rebuild your life. While you focus on healing, we focus on the fight.
- No Upfront Costs: We handle cases on a contingency fee basis. This means you do not pay us any attorney's fees unless we successfully recover compensation for you. This allows you to seek justice without worrying about the financial burden of legal fees.
- Deep Montana Roots: We have handled hundreds of personal injury cases right here in Montana. From navigating the Yellowstone County Courthouse to understanding the local roads where these crashes happen, our experience is your advantage.
Our attorneys have recovered over $100 million for clients who have been wronged. We are prepared to take on insurance companies and their legal teams to advocate for the justice you are owed.
Criminal DUI Charges vs. Personal Injury Lawsuits
When a drunk driver causes a crash in Billings, two separate legal cases can unfold, and understanding the difference is important. The first is a criminal case, and the second is a civil personal injury case.
The criminal case is brought by the State of Montana against the impaired driver. The prosecutor’s goal is to prove the driver violated the state’s DUI laws. If the driver is found guilty, the penalties are meant to punish them and may include fines, license suspension, or even jail time. This case is handled by the government and is separate from your personal recovery.
Your personal injury lawsuit is a civil case that you, the injured person, file against the drunk driver. The goal of this case is not to send the driver to jail, but to recover financial compensation for the harm you have suffered. This includes your medical bills, lost income, and pain and suffering.
A civil claim is your opportunity to seek justice for your personal losses. While a DUI conviction in the criminal case can strengthen your civil claim, you can still pursue compensation even if the driver is not convicted. If you would like to know your options for pursuing a civil claim, please contact us for a free, no-obligation consultation.
Should I Accept the First Offer from the Insurance Company?
Shortly after the accident, you will likely receive a call from the at-fault driver’s insurance adjuster. They may seem friendly and concerned, and they might even make a quick offer to settle your claim. While it can be tempting to accept the money and move on, the first offer is rarely the best one.
Insurance companies are businesses, and their primary goal is to protect their profits by paying out as little as possible on claims. The initial offer they make is often a lowball figure calculated before you even know the full extent of your injuries and losses. Accepting it means you give up your right to ask for any more money for this accident, even if you discover you need more surgery or cannot return to work.
A quick settlement offer may not account for:
- Future Medical Care: Many injuries require ongoing treatment, physical therapy, or future procedures that are not known in the first few weeks after a crash.
- Long-Term Lost Wages: If your injuries prevent you from returning to your job or limit your ability to earn a living in the future, a first offer will likely not cover this significant loss.
- Full Pain and Suffering: The physical pain and emotional distress from a traumatic event are real, and calculating their true value takes time and careful consideration.
Before you sign any documents or accept any payment, it is crucial to understand the total potential value of your claim. A Billings drunk driving accident attorney from Rimrock Law can help evaluate all your damages to ensure any settlement you consider is fair and truly covers your needs.
What Compensation May Be Available to Drunk Driving Accident Victims in Billings, MT?
When we talk about compensation, it is important to be clear: no amount of money can undo the trauma of a drunk driving accident or bring back a loved one. The purpose of seeking compensation is not to win a lottery; it is about seeking justice and gaining the financial stability to move forward.
It is about ensuring the person who caused this harm is held responsible for the medical bills, lost wages, and profound personal losses you are now facing.
Victims of drunk driving accidents in Billings may be able to recover compensation for a wide range of damages. These are often grouped into a few categories.
Economic Damages
These damages cover your specific, calculable financial losses, including:
- All medical expenses related to the accident, from the initial ambulance ride to future surgeries and rehabilitation.
- Lost income from being unable to work while you recover.
- Diminished future earning capacity if your injuries have permanently affected your ability to do your job.
- The cost to repair or replace your vehicle and any other damaged property.
Non-Economic Damages
These damages are intended to compensate you for the intangible, personal losses that do not have a set price tag. These can include pain and suffering, emotional anguish, loss of enjoyment of life, and scarring or disfigurement.
Punitive Damages
In cases of extreme recklessness, like a drunk driving accident, you may also be awarded punitive damages. These are not meant to compensate you for a loss but to punish the defendant for their conduct and deter others from acting in a similar way.
Wrongful Death Damages
For families grieving the loss of a loved one in a fatal drunk driving crash, a wrongful death claim can be pursued. This can provide compensation for funeral and burial costs and other losses resulting from the accident.
FAQ for Billings Drunk Driving Accident Lawyer
We understand you have many questions right now, and finding clear answers is the first step toward feeling in control again. Here are a few common questions we hear from people in your situation.
What if the drunk driver who hit me has no insurance or not enough insurance?
This is a very common fear, but you may still have options. Your own auto insurance policy likely includes Uninsured/Underinsured Motorist (UM/UIM) coverage. This is insurance you have paid for to protect you in this exact scenario. A claim can be filed with your own provider to cover the gap left by the at-fault driver.
How long do I have to file a drunk driving accident claim in Montana?
In Montana, the time limit to file a personal injury lawsuit, known as the statute of limitations, is generally three years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation forever. It is important to speak with an attorney well before the deadline to ensure you have time to build a strong case.
What kind of evidence is important for my case?
Strong evidence is the foundation of a successful claim. This can include the official police report, photos and videos from the accident scene, medical records detailing your injuries, statements from any witnesses, and results from the driver’s breath or blood tests. A drunk driving accident lawyer can help gather and preserve all of this crucial evidence.
Do I have to go to court to get compensation?
Most personal injury cases are settled out of court through negotiations between your attorney and the insurance company. A settlement avoids the time and stress of a trial. However, if the insurance company refuses to make a fair offer, the team at Rimrock Law is always prepared to take your fight to a courtroom to demand fair compensation.
Will my own insurance rates go up if I file a claim against a drunk driver?
If you were not at fault for the accident, filing a claim against the drunk driver’s insurance should not cause your rates to increase. Similarly, using your own UM/UIM coverage should not raise your premiums, as you are not the one who caused the crash. You have paid for this coverage for your own protection.
What are the most important steps to take after I get home from the accident?
Once you are home and safe, your priority is your well-being. It is vital to get a full medical evaluation from a doctor, even if you feel fine. Some serious injuries may not show symptoms right away. Beyond that, try to document everything you can remember about the crash and keep all accident-related paperwork in one place. It is also wise to be cautious about posting on social media, as insurance companies can sometimes misinterpret posts and use them against your claim.
What if I am found partially responsible for the accident?
Montana follows a legal rule called modified comparative negligence. According to Montana Code Annotated § 27-1-702, you can still recover damages as long as your share of the fault is not greater than the defendant’s (50% or less). Your total compensation would then be reduced by your percentage of fault. For example, if you were found 10% at fault, your final award would be reduced by 10%.
Can I still pursue a claim if the drunk driver died in the accident?
Yes, you can. In this tragic situation, you do not file a lawsuit against the person directly, but rather against their estate. The deceased person’s estate is responsible for their legal obligations, and a claim can be made against their auto insurance policy to cover the damages they caused.
Contact Our Trusted Billings Drunk Driving Accident Attorneys Today
The path to recovery after being hit by a drunk driver can be long, but it is not a path you have to travel alone. The Billings accident injury lawyers at Rimrock Law are committed to being the advocates you can count on during a crisis. Let our team handle the legal fight while you put your energy into healing and being with your family. We are here to help you seek the best possible outcome so you can move forward with your life.
If you or a loved one has been injured by an impaired driver, please contact us at (406) 606-1650 or through our online form for a free, confidential case evaluation. We will listen to your story, answer your questions, and explain your legal options with clarity and compassion.