Kalispell, MontanaKalispell Drunk Driver Accident
Kalispell Drunk Driver Accident Lawyers: DUI Crashes, Impaired-Driver Collisions and Dram Shop Claims in Flathead County
Boland Aarab PLLP.
If a drunk or drugged driver hurt you, or killed someone you love, in the Flathead Valley, you can bring a civil claim for your full losses whether or not the driver is convicted. Montana may also allow punitive damages. In narrow cases, you can claim against whoever served the alcohol, but that claim needs certified-mail notice within 180 days. Act quickly.
Hurt by an impaired driver near Kalispell? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
When and where do impaired-driving crashes happen around Kalispell?
The Flathead’s impaired-driving crashes follow its calendar.
- Summer. Glacier National Park, Flathead Lake and festival season bring heavy traffic and long evenings. Drivers leave lakeside bars and parties around Bigfork, Somers and Lakeside and head home on MT-35 and US-93 along the shore. Those roads are two-lane, curving and dark.
- Ski season. At Whitefish Mountain Resort, the ride down Big Mountain Road and into Whitefish follows the afternoon on the mountain. From there, drivers continue on US-93 toward Kalispell in snow and early darkness.
- Downtown nights. Kalispell’s Main Street and downtown Whitefish have concentrations of bars and restaurants. Late-night crashes on US-93, US-2 and the Kalispell Bypass often start a few blocks away.
- Rural roads. Long stretches of county road with no lighting leave little margin when a driver drifts over the center line.
The community takes this seriously. The Flathead County DUI Task Force, part of the county’s health-promotion office, works on prevention, public education and enforcement. In September 2026, a community summit on Montana’s DUI laws was scheduled at Flathead Valley Community College. The Flathead County Sheriff’s Office also runs DUI enforcement patrols.
What happens after a drunk-driving crash in Kalispell?
Two cases, two tracks. The criminal case is brought by the prosecutor. Misdemeanor DUIs are generally heard in a limited-jurisdiction court, such as Kalispell Municipal Court or Flathead County Justice Court at the Justice Center. Felony DUI and vehicular homicide go to the Eleventh Judicial District Court. We do not handle criminal cases. We represent injured people and families in the civil case, and we coordinate with the prosecutor so the two cases support each other.
Victim services. The Flathead County Victim/Witness Program, based at 920 South Main Street, helps crime victims through the criminal process, including restitution requests and support at trial. Restitution helps, but it covers only out-of-pocket losses such as medical bills and lost income. It does not cover pain, disability or grief (§ 46-18-243, MCA).
Evidence. The Montana Highway Patrol, Kalispell police or the sheriff will have the crash report, breath or blood results, and body-camera and dash-camera video. We gather the rest: bar tabs, card receipts, the bar’s own surveillance video and witnesses who saw the driver before the crash. Bar video is often overwritten within days, which is one more reason to call promptly.
Medical care. Serious impaired-driving crashes are usually head-on or high-speed. Victims are typically treated at Logan Health Medical Center in Kalispell, sometimes after an air transport.
Court. The civil case is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell, and a Flathead County jury decides it. A crash just south of the county line on US-93 or MT-35 is in Lake County and the Twentieth District.
Montana law that applies
In brief; see our Montana drunk driving accident lawyer page for the full picture.
- Impairment. In any civil or criminal action, an alcohol concentration of 0.08 or more, tested within a reasonable time, gives rise to a rebuttable inference of impairment (§ 61-8-1002, MCA). A conviction is not required for the civil case.
- Punitive damages require actual malice or actual fraud proven by clear and convincing evidence. They can be added only with the court’s permission after discovery begins (§ 27-1-221, MCA).
- Dram shop. A bar, store or other person who furnished the alcohol can be liable only in three situations: service to someone underage without a reasonable check, service to someone visibly intoxicated, or forced or deceptive service. Written notice must go by certified mail within 180 days of the service, and suit must be filed within 2 years. Noneconomic and punitive damages are each capped at $250,000 (§ 27-1-710, MCA).
- Deadline against the driver. Generally 3 years (§ 27-2-204, MCA).
- Low minimum insurance. Montana requires only $25,000 per person in liability coverage (§ 61-6-103, MCA), so your own underinsured motorist coverage often matters.
Why hire a Great Falls firm for a Kalispell case?
Impaired-driving cases turn on quick evidence work, the 180-day dram shop notice and finding enough insurance. We are based in Great Falls and handle these cases across Montana. We travel to Kalispell to meet families, interview witnesses and appear at the Justice Center. We do not have a Kalispell office.
The Boland Aarab Way
- We protect verdicts. In a rear-end crash case, the Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- We build cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties.
- We know appellate court. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle uninsured motorist claims in Kalispell and wrongful death cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
The driver who hit me had just left a Whitefish bar. Can I sue the bar? Only if the driver was visibly intoxicated when served, was underage and not reasonably checked, or was forced or deceived into drinking. Notice must go by certified mail within 180 days of the service.
Do I have to wait for the criminal case in Kalispell to finish? No. The civil claim is separate and does not depend on a conviction. We often coordinate its timing with the criminal case.
Will restitution from the criminal case cover my losses? Only out-of-pocket losses. Pain and suffering, loss of course of life and punitive damages must be pursued in a civil claim.
The impaired driver has minimum insurance. What else is there? Your own underinsured motorist coverage, possibly stacked, plus any employer, vehicle-owner, umbrella or dram shop coverage.
Where would my civil case be heard? In the Eleventh Judicial District Court at the Flathead County Justice Center in Kalispell.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
