Being in a car accident is a traumatic experience. But when you learn the driver who hit you was intoxicated, a wave of shock and anger follows the initial trauma. You are not just dealing with injuries; you are the victim of a reckless and preventable choice.
If you were hit by a drunk driver, you have specific legal rights designed to help you recover and hold the responsible person accountable.
Your Priority is Healing: Steps to Take from Home
After the immediate crisis of the accident has passed and you are home from the scene or the hospital, the real work of recovery begins. Your physical and emotional well-being should be your top priority. In these early days and weeks, it is also important to begin laying the groundwork to protect your rights.
Here are a few steps you can focus on while you recover:
- Continue All Medical Treatment. Follow every instruction from your doctors. Attend all follow-up appointments, physical therapy sessions, and specialist visits. This not only helps your physical recovery but also creates a clear record of your injuries.
- Keep a Simple Journal. Write down how you are feeling each day. Note your pain levels, any physical limitations, and the emotional impact the accident has had on your life. This can be a powerful tool for documenting the full extent of your suffering.
- Track All Your Expenses. Keep a folder for every single bill and receipt related to the accident. This includes medical bills, prescription costs, mileage to and from appointments, and any other out-of-pocket expenses you have.
Taking these steps helps create a detailed picture of how the accident has affected your life, which is essential for building a strong claim for recovery.
The Criminal Case vs. Your Civil Claim: What’s the Difference?
When a drunk driver causes an accident, it sets two different legal processes in motion. It is important to understand that these two cases are separate, even though they are related to the same event.
The first is the criminal case. This case is brought by the State of Montana against the drunk driver. The goal is to punish the driver for breaking the law. A prosecutor will handle this case, and a conviction could lead to penalties like fines, license suspension, and even jail time, as outlined in Montana's laws on Driving Under the Influence (DUI). You may be asked to participate as a witness, but you are not in control of this process.
The second, and the one that directly impacts your recovery, is the civil claim. This is a personal injury claim that you, the victim, bring against the drunk driver. The goal of a civil claim is not to send the driver to jail, but to secure financial compensation for the harm you have suffered. This process is focused entirely on your needs and your recovery.
The outcome of the criminal case can often strengthen your civil claim, but your right to seek compensation exists independently.
Your Right to Financial Recovery After a Drunk Driving Accident
A core question on your mind is likely: "What compensation can I receive?" The legal term for this compensation is “damages.” In a drunk driving accident claim, the goal is to recover damages that cover every loss you have suffered because of the other driver’s negligence.
There are several types of damages you may have the right to pursue:
- Economic Damages: These are the tangible, calculable financial losses you have incurred. They include all of your past and future medical bills, lost wages from being unable to work, the cost of repairing or replacing your vehicle, and any other direct financial costs.
- Non-Economic Damages: These damages compensate you for the profound, non-financial ways the accident has impacted your life. This can include physical pain and suffering, emotional distress, anxiety, loss of enjoyment of life, and the impact on your personal relationships.
- Punitive Damages: In cases of extreme recklessness, like a drunk driving accident, Montana law sometimes allows for punitive damages. As defined by Montana Code 27-1-221, these are not meant to compensate you for a loss but to punish the at-fault driver for their conduct and to deter others from making the same dangerous choice.
Pursuing these damages is about making you financially whole again so you can focus on healing without the added stress of mounting bills and lost income.
Dealing with Insurance After a DUI Accident
Shortly after the accident, you will likely be contacted by an insurance adjuster from the at-fault driver’s insurance company. It is crucial to be careful in these conversations. The adjuster’s job is to protect their company’s financial interests by paying out as little as possible.
They may sound friendly and helpful, but they are not on your side. An adjuster might ask for a recorded statement, hoping you will say something that minimizes your injuries or implies you were somehow at fault. They may also offer you a quick, low settlement before you even know the full extent of your injuries and future medical needs.
Here are some important points to remember when dealing with an insurance company:
- You are not required to give a recorded statement.
- You should not sign any documents or accept any settlement offer without fully understanding your rights and the long-term costs of your injuries.
- Never downplay your pain or symptoms, even if you are having a "good day."
It is wise to let a legal professional handle communications with the insurance company to ensure your rights are protected from the very beginning. An experienced advocate can manage these conversations for you, allowing you to focus completely on your recovery.
Your Own Insurance Policy: An Unexpected Source of Help
A common and completely valid fear after being hit by a drunk driver is wondering, “What if they don’t have insurance, or not enough to cover all my medical bills?” This is a frightening thought, but it is important to know that you may have a vital source of protection built into your own auto insurance policy.
This protection is often called Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. These are parts of your own insurance that you pay for to protect yourself and your family in this exact situation. UM coverage applies when the at-fault driver has no insurance at all, while UIM coverage can help when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages.
Here is what you need to know about this important coverage:
- It Covers Your Losses. UM/UIM coverage is designed to pay for the same damages the at-fault driver’s insurance would have, including your medical expenses, lost income, and non-economic damages like pain and suffering.
- It Is Not Your Fault. Making a claim under your own UM/UIM coverage should not be held against you. You were not at fault for the accident, and using this benefit is why you have it in the first place.
- You Still Need to Be Careful. Even though you are dealing with your own insurance company, their goal is still to resolve the claim for the lowest possible amount. They may challenge the extent of your injuries or the value of your claim.
Understanding your own policy is a key step in ensuring you can access all available resources for your recovery.
What Are My Rights If I Was Hit by a Drunk Driver in Montana? Understanding Accountability
Montana law is built on a foundation of personal responsibility. When a person chooses to drive drunk, they violate that fundamental principle and must be held accountable for the harm they cause. This accountability serves two purposes: it provides the resources you need to recover, and it sends a clear message that our community will not tolerate such dangerous behavior on our roads, whether on I-90 outside Billings or a quiet neighborhood street.
A study from the National Highway Traffic Safety Administration (NHTSA) shows that drunk driving remains a significant cause of tragic accidents across the country, including here in Montana. Holding drivers accountable is a critical part of making our communities safer.
In some situations, accountability may extend beyond just the driver. Montana has what are known as “Dram Shop Laws.” Under Montana Code 27-1-710, a bar, restaurant, or other establishment that served alcohol to a visibly intoxicated person may also be held partially responsible for the accident that person causes. Investigating whether a third party also bears responsibility is a key part of exploring all avenues for your recovery.
FAQ for What Are My Rights If I Was Hit by a Drunk Driver?
Navigating the aftermath of a drunk driving accident can bring up many questions. Here are answers to some common concerns people have.
What is the statute of limitations for a drunk driving accident in Montana?
The "statute of limitations" is the legal deadline for filing a lawsuit. In Montana, for most personal injury cases, including those from a car accident, you generally have three years from the date of the injury to file a claim. If you miss this deadline, you may lose your right to seek compensation forever.
Can I still file a claim if the drunk driver was acquitted or not charged in criminal court?
Yes. The criminal case and your civil claim are separate. The standard of proof is different in a civil case, meaning it is often possible to win your civil claim for damages even if the driver is not convicted of a DUI criminally. Your right to compensation is based on their negligence, not their criminal guilt.
This is a very difficult and sensitive situation. However, your claim is typically made against their auto insurance policy, not against them personally. The purpose of insurance is to cover these exact situations. Pursuing a claim allows you to get the compensation you need to cover medical bills and other losses without creating a direct financial hardship for the person you know.
How much is my drunk driving accident claim worth?
There is no simple answer or average amount, as every case is unique. The value of your claim depends on many factors, including the severity of your injuries, the total of your medical bills and lost wages, your future medical needs, and the impact the accident has had on your quality of life. An experienced legal advocate can evaluate these factors to determine a fair value for your claim.
Do I have to go to court to get compensation?
Most personal injury claims are settled out of court. A settlement is a formal agreement where the insurance company agrees to pay an agreed-upon amount to resolve your claim. However, if the insurance company refuses to offer a fair settlement, filing a lawsuit and being prepared to go to trial may be necessary to secure the full compensation you deserve.
Let Our Drunk Driving Accident Lawyers Focus on the Fight While You Focus on Healing
Being hit by a drunk driver can leave you feeling powerless, but you have the right to demand accountability and the resources to rebuild your life. While you navigate the difficult road of physical and emotional recovery, you do not have to carry the legal burden alone. The journey toward justice can feel complex, but taking the first step is the most important part.
At Rimrock Law, our Montana personal injury attorneys are dedicated to advocating for people in Montana who have been injured by someone else's carelessness. We understand how the legal system works and are committed to helping our clients achieve the best possible outcome. While you focus on healing, we can focus on the fight.
If you have been injured, please contact our lawyers at Rimrock Law at (406) 606-1650 or through our online form. We can provide a free, confidential consultation to help you understand your rights and options.