Missoula, MontanaMissoula Drunk Driving Accident
Missoula Drunk Driving Accident Lawyers: DUI Crash Victims, Impaired-Driver Collisions and Dram Shop Claims in Missoula County
Boland Aarab PLLP.
If a drunk or drugged driver injured you or killed someone you love in Missoula, you can bring a civil claim for your full losses, whether or not the driver is convicted. The criminal case in Missoula’s courts is separate and will not make you whole. In narrow cases, a bar or host that served the driver may also be responsible, but that claim has a 180-day notice deadline.
Key Takeaways
- Criminal restitution covers out-of-pocket losses only, not pain and suffering (§ 46-18-243, MCA); a civil claim covers the rest.
- A dram shop claim requires written notice by certified mail within 180 days of the service of alcohol, and suit within 2 years (§ 27-1-710, MCA).
- Punitive damages require clear and convincing proof of actual malice or actual fraud (§ 27-1-221, MCA).
Hurt by an impaired driver in Missoula, or lost a family member to one? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How does the criminal DUI case in Missoula affect my civil claim?
The criminal case and your civil case run on separate tracks. We represent victims and families, not drivers, and it helps to know which court is handling the criminal side:
- Missoula Municipal Court hears misdemeanor DUI cases that arise inside city limits under city ordinance.
- Missoula County Justice Court hears misdemeanor cases from the county outside the city (Missoula County Justice Court).
- The Fourth Judicial District Court hears felony DUI cases and cases involving serious injury or death.
In county cases, Victim/Witness Coordinators at the Missoula County Attorney’s Office, in the Courthouse Annex at 200 West Broadway, keep victims informed and collect restitution information (Missoula County Attorney). Submitting a restitution statement is worthwhile, but restitution is limited to measurable losses. It does not pay for pain, lost enjoyment of life or a family’s grief.
A conviction is strong evidence in the civil case, but you do not need one. A civil case uses a lower standard of proof, and it can proceed even if the charge is reduced or dismissed. The police reports, body-camera video and blood or breath results gathered for the prosecution are often available to us once the criminal case allows.
Where do impaired-driving crashes happen around Missoula?
Missoula is a university town and a regional center for western Montana, with a concentrated downtown of bars, breweries and restaurants, and large crowds for University of Montana football and other events. That pattern shapes where impaired drivers are found late at night and on weekends: leaving downtown on Higgins, Broadway and Orange Street, heading to the interstate at the Orange Street and Van Buren interchanges, and driving out Reserve Street, Brooks Street and U.S. 93.
Outside town, impaired drivers cause crashes on I-90, on U.S. 93 north over Evaro Hill and south through Lolo, and on Montana 200 up the Blackfoot. Winter darkness and ice make an impaired driver’s slowed reactions even more dangerous.
What happens after a DUI crash in Missoula?
Investigation. The Missoula Police Department investigates crashes inside the city. Outside city limits, the Montana Highway Patrol is the primary investigating agency; the Sheriff’s Office does not investigate crashes (Missoula County Sheriff). Ask for the report number and the investigating agency.
Medical care. Seriously injured people are usually taken to Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS).
Move fast on the dram shop question. If the driver was drinking at a Missoula bar, restaurant, event or party, the 180-day notice clock under § 27-1-710 starts on the date of service, not the date you learn where the driver was. Bar receipts, card statements and surveillance video from downtown establishments can disappear within days. We start that investigation immediately.
Which court. A civil suit can be filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court), usually before a Missoula County jury.
Montana law that applies
- Impairment evidence. A test result of 0.08 or more taken within a reasonable time gives rise to a rebuttable inference of impairment in “any civil or criminal action” (§ 61-8-1002, MCA).
- Dram shop liability exists only if the drinker was underage, visibly intoxicated when served, or forced or deceived into drinking. Noneconomic and punitive damages against a server are each capped at $250,000 (§ 27-1-710).
- Punitive damages against the driver require actual malice, proved by clear and convincing evidence, and must be requested after discovery begins (§ 27-1-221).
- Deadline: generally 3 years against the driver (§ 27-2-204, MCA); shorter for dram shop claims.
For more, see our Montana drunk driving accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and represent people hurt by impaired drivers across Montana. These cases require coordination with the criminal process, fast investigation of where the driver was drinking, and a full picture of every insurance policy, including your own underinsured motorist coverage. Our attorneys travel to Missoula for depositions, hearings and trial.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137.
- We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years. 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 Missoula wrongful death and Missoula car accident cases, and other Missoula personal injury claims.
Frequently Asked Questions
Do I have to wait for the Missoula DUI case to finish before filing a claim? No. The civil claim can begin right away, although some evidence may not be released until the criminal case allows. The deadlines for the civil claim keep running.
Can I sue the Missoula bar that served the drunk driver? Only if the driver was underage, visibly intoxicated when served, or forced or deceived into drinking. Written notice must be sent by certified mail within 180 days of the service.
Will the restitution ordered in the criminal case cover my injuries? Only your measurable losses, such as medical bills and lost wages. Pain, suffering and the loss of enjoyment of life require a civil claim.
Who investigates a drunk-driving crash outside Missoula city limits? The Montana Highway Patrol. Inside the city, the Missoula Police Department investigates.
Can I get punitive damages from a drunk driver in Montana? Possibly. A jury may award them if the driver acted with actual malice, proved by clear and convincing evidence, and the court must allow the claim to be added after discovery begins.
Talk to a Missoula Drunk Driving Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
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.
