Hit by a Drunk Driver in Minneapolis?

If a drunk driver just hit you, call 911 immediately. Tell the dispatcher you believe the other driver is intoxicated — this ensures officers arrive prepared to conduct field sobriety testing and a breathalyzer or blood draw before the driver's BAC drops.

Every minute matters. The police report from a DWI crash captures the driver's BAC, field sobriety test results, the officer's observations, and witness statements. That report is one of the most powerful pieces of evidence in your injury claim.

Get to a hospital. Hennepin County Medical Center (HCMC) is the region's only adult Level I Trauma Center. Regions Hospital in St. Paul is also a Level I center. North Memorial Health and Abbott Northwestern both have emergency departments equipped for serious trauma. Drunk driving collisions are often high-speed because impaired drivers fail to brake before impact. Do not wait — go now.

When police arrive, give them a thorough account. If you saw the driver swerving, running a red light, or driving the wrong way, say so. If you smelled alcohol or saw open containers, report that. Every detail goes into the police report.

Officers will handle the DWI investigation — field sobriety tests, a preliminary breath test, and potentially an arrest. Minnesota's implied consent law (Minn. Stat. § 169A.51) requires drivers to submit to chemical testing when officers have probable cause. A BAC of 0.08% or higher is per se evidence of impairment. A BAC of 0.16% or higher triggers enhanced criminal penalties. Both readings are powerful evidence of negligence in your civil claim.

If you are physically able, photograph everything — both vehicles, the roadway, skid marks, debris, and your visible injuries. If you see open containers in the other driver's vehicle, photograph them from a safe distance. Do not touch anything in their car.

Get the other driver's name, insurance information, and license plate number. Collect contact information from witnesses before they leave.

In the weeks that follow, keep photographing your injuries as they develop. Save every medical bill, pharmacy receipt, and record of missed work.

Minnesota is a no-fault auto insurance state. Your own insurance company pays your initial medical bills and lost wages through Personal Injury Protection (PIP) coverage, regardless of who caused the crash. PIP covers up to $20,000 in medical expenses and $20,000 in lost income and essential services.

But drunk driving crashes almost always produce injuries that exceed the no-fault threshold. Under Minn. Stat. § 65B.51, you can step outside the no-fault system and file a claim directly against the drunk driver if you suffered permanent disfigurement, permanent injury, disability for 60 or more days, or medical expenses exceeding $4,000. Given the severity of most impaired driving collisions, this threshold is typically met.

Once you step outside no-fault, you can pursue the full range of damages against the drunk driver: all medical expenses beyond what PIP covers, lost wages, pain and suffering, emotional distress, and loss of quality of life.

This is one of the most important things to understand about drunk driving cases in Minnesota. Under Minnesota's Dram Shop Act (Minn. Stat. § 340A.801), you can sue the bar, restaurant, liquor store, or any licensed establishment that sold or served alcohol to the driver when the driver was obviously intoxicated or under the age of 21.

This is a significant advantage for victims. It means you may have claims against multiple defendants — not just the drunk driver with a potentially limited insurance policy, but also the business that kept pouring drinks. Bars and restaurants carry commercial liability insurance, and dram shop claims can substantially increase the total compensation available to you.

Evidence supporting a dram shop claim includes the driver's bar tab and credit card receipts, surveillance footage, testimony from bartenders and patrons, the driver's BAC at the time of the crash, and the timeline of their drinking that evening. The dram shop statute of limitations is six years (Minn. Stat. § 541.05), but evidence from bars degrades quickly — act fast.

Social hosts who serve alcohol at private parties can also be held liable if they knowingly served a person who was obviously intoxicated.

Minnesota allows punitive damages in drunk driving cases. Under Minn. Stat. § 549.20, punitive damages may be awarded when the defendant showed deliberate disregard for the safety of others — and driving while intoxicated is one of the most common bases for this finding.

Factors that strengthen a punitive damages claim include a very high BAC (especially 0.16% or above), prior DWI convictions, excessive speed, and fleeing the scene. Punitive damages are awarded on top of compensatory damages and can significantly increase your total recovery.

Minnesota's statute of limitations for personal injury claims is six years from the date of the accident (Minn. Stat. § 541.05). For wrongful death claims, the deadline is three years from the date of death (Minn. Stat. § 573.02).

Six years is more generous than most states, but do not let that create a false sense of security. Evidence degrades, witnesses move, and surveillance footage from bars is overwritten within weeks. Your civil claim operates on a separate track from the criminal DWI prosecution — you do not need to wait for the criminal case to conclude, and you should not.

Drunk driving cases are among the strongest personal injury claims because liability is usually clear. But strong liability does not mean the insurance company will pay what your case is worth without a fight. Their job is to minimize the payout — even when their policyholder was legally drunk.

An experienced attorney can obtain the police report and BAC evidence, coordinate with the county attorney's office on the criminal case, investigate dram shop claims against bars, calculate your full damages including future medical costs, pursue punitive damages, and negotiate from a position of strength.

Most personal injury attorneys in Minneapolis-St. Paul handle these cases on contingency — no upfront cost, and they only get paid if you recover money. A free consultation costs you nothing.