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What Are My Legal Rights After Being Hit By a Drunk Driver in Minneapolis?

young man rests head on bar. An unfinished drink, keys and bottle rest on the bar in the foreground.Far too many Minnesota motorists are struck and injured by impaired drivers. In seconds, one person’s decision to get behind the wheel while intoxicated can cause severe and catastrophic physical harm to another person. This often results in mounting medical bills, missed work, and sometimes permanent impairment. Some victims may not be able to return to living an independent life or go back to their former career.

At TSR Injury Law, our knowledgeable Minneapolis car crash lawyers are deeply committed to fighting for victims injured by drunk drivers. We see the real people behind each case — hardworking individuals whose lives have been forever changed through no fault of their own. Our team gathers compelling evidence and builds cases that demand fair compensation.

Request a FREE case review today: Call: (612) TSR-TIME

Can I Sue a Drunk Driver Who Hit Me in Minneapolis?

The short answer is yes, you can sue a drunk driver who hit you in Minneapolis, but you must first prove their negligence caused your injuries. As the injured victim claiming damages, Minnesota law requires you to demonstrate that the driver breached their duty of care and directly caused your harm. Intoxication alone does not automatically establish liability, even if the other driver is drunk. Your case needs evidence connecting their impaired driving to the collision and your resulting injuries.

Regardless of who caused the crash, Minnesota operates under a no-fault insurance system, which means you must first seek compensation through your own insurance. However, if your injuries qualify as permanent under Minnesota law or your medical expenses exceed the state’s threshold, you gain the right to step outside the no-fault system and pursue a claim against the drunk driver and their insurance directly. This opens the door to additional compensation beyond what your own insurance covers.

Minnesota’s threshold criteria includes the following:

  • The Victim Sustained Permanent Disfigurement: Disfigurement may apply if you sustained lasting physical changes, such as scars or the loss of a limb, that permanently affect your appearance.
  • You Have a Permanent Injury: The drunk-driving crash caused you to suffer a permanent injury, such as a spinal cord injury or a traumatic brain injury (TBI).
  • Disability for 60 Days: If your car crash injury causes you to be disabled for at least 60 days after the crash that caused your injuries.
  • Medical Expense Threshold: The crash caused you to meet or exceed Minnesota’s limit for medical expenses, which currently stands at $4,000 not including imaging like X-Rays and MRIs.

How Does Minnesota No-Fault Insurance Pay My Medical Bills After a Drunk-Driving Crash?

If you are injured in a drunk-driving crash in Minneapolis, your own no-fault insurance policy (Personal Injury Protection or PIP) pays your initial medical bills. Minnesota law requires all drivers to carry a minimum of $40,000 in PIP coverage. This insurance includes $20,000 for medical expenses and $20,000 for non-medical costs, such as lost wages and replacement services. Your insurance company must pay these benefits promptly if they are reasonable and related to the crash regardless of who is deemed at fault.

In Minnesota, your no-fault benefits cover:

  • Medical treatments prescribed by your doctor
  • Hospital stays and emergency room visits
  • Prescription medications related to your injuries
  • Physical therapy and rehabilitation services
  • Medical equipment such as crutches or wheelchairs
  • Transportation to and from medical appointments
  • Necessary home care services during recovery

What Happens Once I Exhaust My PIP Coverage?

Once you exhaust your PIP coverage you are eligible to recover additional compensation against the drunk driver’s liability insurance. Unfortunately, many victims do not realize when they have legal options beyond their no-fault benefits.

At TSR Injury Law, we can help you understand the full value of your claim and protect your rights and best interests throughout the legal process.

What Compensation Can You Recover Beyond Medical Costs?

Beyond medical expenses, you can recover several types of compensation after being hit by a drunk driver in Minneapolis. These additional damages address the full impact of the crash on your life:

  • Lost Wages: Reimbursement for all income missed during your recovery period
  • Future Earning Capacity: Money to compensate for lost opportunities in the future to earn the income you would have earned without your injury or disability.
  • Pain and Suffering: Compensation for physical discomfort and emotional distress caused by the crash
  • Property Damage: Payment for vehicle repairs or replacement costs
  • Loss of Enjoyment: Damages for your inability to participate in activities you once enjoyed
  • Household Services: Reimbursement if your injuries required hiring help for daily tasks
  • Punitive Damages: Additional compensation specifically to punish the driver’s reckless behavior

How Do Punitive Damages Work in a Minneapolis Drunk Driving Crash Claim?

Minnesota courts allow punitive damages when clear and convincing evidence shows the impaired driver acted with deliberate disregard for the safety of others. In many cases, courts may consider that choosing to drive while intoxicated meets this standard. Unlike compensatory damages that reimburse your for your losses, punitive damages focus on punishing the driver’s misconduct.

Evidence That Builds a Strong Drunk Driving Injury Case

Building a successful claim against drunk drivers requires specific evidence that proves both their intoxication and how it directly caused your injuries. While standard crash cases focus on general negligence, drunk driving cases demand additional documentation that establishes the driver’s impairment and reckless decision to drive while intoxicated.

Specific evidence that can significantly strengthen your case, helping you to secure both compensatory and punitive damages, includes:

  • Police Report: Documentation that the other driver failed field sobriety tests or the responding officer’s observed slurred speech or bloodshot eyes.
  • Chemical Test Results: Blood, breath, or urine tests showing the driver’s blood alcohol content exceeded the legal limit
  • Bar Receipts: Evidence showing where the driver consumed alcohol and how much they purchased before driving.
  • Surveillance Footage: Video from restaurants, bars, or traffic cameras showing the driver’s condition or erratic driving prior to the crash.
  • Witness Statements: Testimony from bartenders, passengers, or bystanders who observed the driver’s intoxication.
  • Criminal Conviction: Court records showing the driver was convicted of a DWI/DUI related to your crash.
  • Previous DWI Offenses: Documentation of any prior drunk driving convictions that establish a pattern of behavior.
  • Crash Scene Photos: Images showing skid marks, road conditions, and vehicle damage patterns consistent with impaired driving
  • Expert Testimony: Accident reconstructionists who can explain how intoxication affected driving ability in your specific case.
  • Medical Correlation: Documentation linking your specific injuries to the type of crash typically caused by impaired drivers.

Are Minnesota Bars Liable for Serving the Driver Who Hit Me?

Yes, Minnesota bars and restaurants can be held liable for your injuries under the state’s “dram shop law” if they over-served alcohol to the driver who hit you. This law applies when an establishment serves alcohol to someone who is obviously intoxicated, and if that person later causes a crash. The bar must have known or should have known the person was obviously intoxicated while serving them. Your attorney must prove the establishment continued serving drinks despite clear signs of impairment.

There are deadlines for these claims. Dram shop claims must be filed within two years from the date of your injuries, and notice of the claim is required even earlier. This law provides an additional source of compensation for victims, especially valuable if the impaired driver lacks adequate insurance coverage. Establishments typically carry specific dram shop insurance policies with higher coverage limits than individual driver policies.

Can I Get Compensation If the Drunk Driver Is Uninsured?

Yes, you can still pursue compensation if an uninsured drunk driver hits you in Minneapolis. Your own uninsured motorist (UM) coverage becomes your primary source of recovery beyond your no-fault benefits. Minnesota requires all auto policies to include UM coverage with minimum limits of $25,000 per person. This coverage pays what the drunk driver’s insurance would have if they carried a policy.

Do I Need a Lawyer for a Drunk Driving Car Crash Claim?

While not legally required, hiring a lawyer significantly increases your chances of maximum compensation after a drunk driving crash. Insurance companies often offer quick, low settlements hoping you will accept before understanding your claim’s full value. Our experienced legal team knows how to document all damages, including future medical needs and non-economic losses.

At TSR Injury Law, we can secure evidence on your behalf, identify all liable parties (including bars), and fight for the full and fair compensation you deserve. We know how to navigate Minnesota’s no-fault system and determine when you qualify to step outside these limits and pursue a claim against an impaired driver and/or a bar. Our law firm also knows how to properly pursue punitive damages—often available in drunk driving cases but frequently overlooked by victims who try to handle their claims alone.

How Minnesota Comparative Fault Affects Your Case

Minnesota follows a “modified comparative fault” rule that affects your compensation if you were partially responsible for the crash. This means you can still recover damages as long as you were assessed with less than 51 percent of fault for your crash. If you do share some fault, it is important to remember that your compensation will be reduced by the fault assigned to you

For example, if you are found to be 10 percent at fault for a crash with a drunk driver, you would receive 90 percent of your total damages.

Insurance companies often try to assign partial blame to victims as a way to reduce the amount they pay out on a claim, even in cases where the other driver was clearly intoxicated.

Insurance Company Tactics to Avoid After Your Crash

Insurance adjusters use specific tactics to minimize payouts after a car crash, including those involving drunk drivers. No matter how friendly the insurance adjuster sounds on the phone, remember that their goals do not align with yours.

Here are a few quick tips to avoid if you call the insurance company before calling an attorney:

  • Do Not Agree to Make a Recorded Statement: The insurance company is hoping you will say something that undermines your claim.
  • Do Not Agree to a Quick Settlement: Some insurers offer quick settlements before you know the full extent of your injuries, but initial settlement offers are always too low.
  • Do Not Sign or Agree to Anything Without First Speaking With a Lawyer: Insurance companies may unnecessarily delay processing or request excessive documentation. The adjuster might misrepresent policy coverage or try to say you have pre-existing conditions.

Critical Actions to Take After Being Hit by a Drunk Driver

Immediately after a drunk driving crash, call 911 to ensure police document the other driver’s intoxication. Request medical attention even if your injuries seem minor. Some symptoms do not fully develop for hours or longer. Seeking immediate medical care gets you the diagnostic testing you need to rule out any potentially life-threatening internal injuries.

Collect contact information from witnesses who observed the driver’s behavior. Note any statements the driver makes about drinking.

When you report the crash to your insurance company, be honest about what happened, but do not provide more than the basic facts. Be sure to keep all medical appointments and follow treatment plans.

How We Protect Your Rights After a Minneapolis Drunk Driving Crash

When a drunk driver shatters your life, you deserve full compensation for every loss you suffer. Minnesota law provides powerful tools to hold intoxicated drivers accountable, but insurance companies work aggressively to minimize payments—even in clear-cut cases.

At TSR Injury Law, our Minneapolis law firm manages all aspects of your claim so you can focus on your healing. We have recovered millions for victims throughout Minnesota. When we represent you, we charge no upfront costs or legal fees unless we win your case.

Call: (612) TSR-TIME today to discuss your case.

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