Great Falls Drunk Driving Accident Lawyer

Great Falls & MontanaDrunk Driver Crash

Great Falls & Montana Drunk Driving Accident Lawyers: DUI Crashes, Impaired-Driver Collisions and Dram Shop Claims

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

If a drunk or drugged driver injured you or killed someone you love in Montana, you can bring a civil claim for your full losses, whether or not the driver is convicted. Montana law may also allow punitive damages, and in narrow cases a claim against whoever served the alcohol. The criminal case alone will not make you whole.

Key Takeaways
A civil claim against an impaired driver is separate from the criminal DUI case. Criminal restitution covers out-of-pocket losses only, not general damages such as pain and suffering (§ 46-18-243, MCA).
Punitive damages require proof of actual fraud or actual malice by clear and convincing evidence (§ 27-1-221, MCA).
Montana’s dram shop statute allows a claim against a server only in three situations, requires notice by certified mail within 180 days and suit within 2 years of the sale or service, and caps noneconomic and punitive damages at $250,000 each (§ 27-1-710, MCA).
The general deadline for injury and wrongful-death claims is 3 years (§ 27-2-204, MCA).

On this page: Your claims · Proving impairment · Punitive damages · Dram shop · Restitution vs. civil claim · Insurance · What to do · Why Boland Aarab · FAQ

Hurt by an impaired driver, or lost a family member to one? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What claims do you have after a drunk-driving crash?

You usually have a negligence claim against the driver, and you may have claims against others whose conduct contributed to the crash.

Driving while impaired is negligence, and often much more. Depending on the facts, the people and businesses responsible may include:

The impaired driver, for all the harm the crash caused.
The vehicle owner, if someone else’s car was involved, and that owner’s insurance.
An employer, if the driver was working at the time.
A bar, restaurant, liquor store or social host, but only in the narrow circumstances Montana’s dram shop statute allows.

Montana allows recovery for medical care now and in the future, lost earnings and earning capacity, pain and suffering, and the loss of the established course of life. When a crash takes a life, the family may bring wrongful death and survival claims (§ 27-1-513, § 27-1-501, MCA).

How is impairment proven in a civil case?

Through the same kinds of evidence used in the criminal case, plus the evidence a civil lawsuit allows us to gather on our own.

Montana’s DUI statute makes it an offense to drive while under the influence of alcohol or drugs, to drive a noncommercial vehicle with an alcohol concentration of 0.08 or more, to drive a commercial vehicle at 0.04 or more, and to drive with specified amounts of THC and certain other drugs in the blood (§ 61-8-1002, MCA). The statute also provides that in the trial of “any civil or criminal action,” a test result of 0.08 or more taken within a reasonable time gives rise to a rebuttable inference that the person was under the influence (§ 61-8-1002(2)).

Evidence we gather includes:

Police reports, body-camera and dash-camera video, and field sobriety test results.
Breath and blood test results and the records showing how the samples were taken and tested.
Receipts, bar tabs and card statements showing where and when the driver was drinking.
Surveillance video from bars, stores and gas stations, which is often erased within days.
Witnesses, including people who saw the driver before the crash.
Vehicle data showing speed, braking and steering in the seconds before impact.

A criminal conviction is powerful evidence, but it is not required. A civil case is decided on a lower standard of proof, and it can go forward even if the criminal case is dismissed or pleaded down.

Can you recover punitive damages from a drunk driver?

Sometimes. Montana allows punitive damages when a defendant acted with actual malice or actual fraud, and a jury may find that choosing to drive while impaired meets that standard.

Under § 27-1-221, MCA:

Actual malice means the defendant knew of, or intentionally disregarded, facts creating a high probability of injury to the plaintiff, and deliberately proceeded to act in conscious or intentional disregard of, or with indifference to, that high probability.
Proof must be by clear and convincing evidence.
Pleading: a punitive damages claim may not be included in the first complaint. After discovery begins, the plaintiff must ask the court’s permission to add it, supported by specific facts and admissible evidence.
Amount: the jury decides the amount in a separate proceeding in which the defendant’s net worth is considered. An award may not exceed $10 million or 3% of the defendant’s net worth, whichever is less (§ 27-1-220, MCA).
Division with the State: since 2023, when a punitive award is more than $200,000, the judge divides it equally between the prevailing party and the State, after costs and certain fees (§ 27-1-221(9)).

Facts that often matter include a high alcohol level, prior DUI offenses, driving after being warned or cut off, fleeing the scene, and extreme speed. Punitive damages are meant to punish and deter. They do not replace the compensation for your injuries, which remains the heart of the case.

Can you sue the bar or person who served the alcohol?

Only in limited circumstances. Montana’s dram shop statute, § 27-1-710, MCA, is the exclusive basis for holding anyone who furnished alcohol liable, and it sets strict limits.

When a server may be liable. Furnishing alcohol is not a cause of an injury unless one of three things is true (§ 27-1-710(4)):

The consumer was under the legal drinking age, and the server knew it or did not make a reasonable attempt to check;
The consumer was visibly intoxicated when served; or
The server forced or coerced the drinking, or said the drink contained no alcohol.

The statute applies to “a person or entity” that furnishes alcohol, so it can reach a social host as well as a bar. A server’s liquor license status, or a violation of the liquor laws in Title 16, is not by itself a basis for liability (§ 27-1-710(3)).

What the jury may not consider. On visible intoxication, the jury may consider only the visual and audible signs the server actually observed, such as bloodshot eyes, loud behavior, stumbling or slurred speech. It may not use a hypothetical or actual blood alcohol level to imply what the server saw, signs the consumer showed after being served, the server’s conduct after service, or whether the business held happy hours or specials (§ 27-1-710(5)-(6)).

Who may not sue. A passenger over 18 in the drinking driver’s car may not bring a dram shop claim, and neither may the drinker, except in the underage and forced-or-deceived situations (§ 27-1-710(7)).

Deadlines and limits.

Rule	What § 27-1-710 requires
Notice	Written notice of intent to sue, by certified mail within 180 days of the sale or service, including the date, time, circumstances and the visible or audible signs of intoxication observed (§ 27-1-710(8)-(9))
Lawsuit deadline	Filed within 2 years after the sale or service, shorter than the usual 3 years (§ 27-1-710(8))
Noneconomic damages	$250,000 total for all claimants for each event (§ 27-1-710(10))
Punitive damages	$250,000 total; serving a visibly intoxicated person is not enough by itself, and the conduct must meet § 27-1-221 (§ 27-1-710(11))

Because the 180-day notice runs from the date of service, not the date you learn who served the driver, dram shop investigation should begin right away.

How is criminal restitution different from a civil claim?

Restitution is ordered by the criminal court to repay certain out-of-pocket losses. A civil claim is your own case, brought by your own lawyers, for the full harm.

	Criminal restitution	Civil claim
Who brings it	The prosecutor, as part of sentencing	You, through your own lawyer
What it covers	“Pecuniary loss”: special damages such as medical bills, lost income and funeral costs, and future medical expenses, but not general damages (§ 46-18-243, MCA)	Medical care, lost earnings, pain and suffering, loss of course of life, and in proper cases punitive damages
Requires a conviction?	Yes	No
Who pays	The offender, often over time (§ 46-18-241, MCA)	Usually the driver’s insurer, other responsible parties and their insurers, and your own coverage

A sentencing court must require an offender to make full restitution to a victim who has sustained pecuniary loss (§ 46-18-241(1)). That is important, but it is rarely enough. Many impaired drivers cannot pay much, and restitution does not reach pain, disability or grief. We coordinate with the prosecutor and victim advocates so the criminal case and the civil claim support each other.

What insurance pays after a DUI crash?

Usually the driver’s liability insurance first, then your own underinsured motorist coverage, and sometimes other policies.

Montana’s minimum liability limits are only $25,000 for one person and $50,000 per accident (§ 61-6-103, MCA). In a serious crash, that is rarely enough. We look for an employer’s policy, a vehicle owner’s policy, umbrella coverage, any dram shop defendant’s insurance, and your own uninsured and underinsured motorist coverage, which may be stacked.

What should you do after a drunk-driving crash?

Get medical care and keep every record and bill.
Get the police report number and the name of the investigating officer.
Write down where the driver had been, if you know or hear it.
Keep your vehicle and your photos; do not let the car be salvaged before it is inspected.
Do not give a recorded statement to the driver’s insurer before talking with a lawyer.
Call a lawyer quickly. The 180-day dram shop notice and the erasure of bar video make early action essential.

The Boland Aarab Way

We are trial lawyers, and we prepare every serious case as if it will be tried to a Montana jury and then appealed. Impaired-driving cases deserve that preparation.

We have recovered for drunk-driving victims. In Missoula, we obtained a $50,000 settlement for a client hurt in a crash caused by a drunk driver. See our results.
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 try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
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, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle drunk-driving crash cases?

Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle impaired-driving crash cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle car accident, truck accident and wrongful death cases.

Where do we handle drunk driver crash cases?

We are based at 18 6th Street North, Suite 200, in Great Falls, and handle drunk driver crash cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings drunk driver crash lawyers, Missoula drunk driver crash lawyers, Helena drunk driver crash lawyers, Bozeman drunk driver crash lawyers, Butte drunk driver crash lawyers, Kalispell drunk driver crash lawyers and Havre drunk driver crash lawyers.

Frequently Asked Questions

Can I sue a drunk driver if the criminal case is still pending? Yes. The civil claim is separate, and it does not depend on a conviction. We often coordinate the timing of the civil case with the criminal case.

Can I get punitive damages against a drunk driver in Montana? Possibly. You must prove actual malice or actual fraud by clear and convincing evidence, and the claim can be added only with the court’s permission after discovery begins (§ 27-1-221, MCA).

Can I sue the bar that served the drunk driver? Only if the driver was underage and the server failed to check, was visibly intoxicated when served, or was forced or deceived into drinking. You must send notice by certified mail within 180 days of the service and sue within 2 years (§ 27-1-710, MCA).

Does Montana’s dram shop law cover private parties? The statute applies to “a person or entity” that furnishes alcohol, so it can apply to a social host. The same three exceptions, notice rules and caps apply.

Does criminal restitution pay for pain and suffering? No. Restitution covers special damages such as medical bills and lost income, not general damages (§ 46-18-243, MCA). Pain, suffering and loss of enjoyment of life must be pursued in a civil claim.

Can a passenger in the drunk driver’s car recover? A passenger may have a claim against the driver. But a passenger over 18 in the drinking driver’s car may not bring a dram shop claim against the server (§ 27-1-710(7), MCA).

What if the drunk driver has only minimum insurance? Your own underinsured motorist coverage may pay the difference, and it may stack across vehicles. We also look for other policies that may apply.

How long do I have to file a drunk-driving accident claim? Generally 3 years against the driver (§ 27-2-204, MCA). A dram shop claim has a 180-day notice requirement and a 2-year filing deadline.

Talk to a Great Falls Drunk Driving Accident Lawyer