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A single drunk driver can turn a long-awaited Idaho road trip into months of medical treatment, missed work, and mounting bills. Now, you need to know what to do to protect your family. The first steps are important: get medical attention, call the police, photograph the scene, and avoid giving a statement to the other driver’s insurance company. Those early choices protect both your health and your claim. From there, you may be entitled to compensation for your injuries, your lost wages, and the trip you never got to finish. An Idaho drunk driving accident attorney at Johnson & Lundgreen can investigate the crash, deal with the insurers, and pursue every dollar you are owed. At Johnson & Lundgreen we have been helping accident victims in Idaho since we started our firm in 1998. We love to hold drunk drivers accountable.
What Should You Do First After a Drunk Driving Crash in Idaho?
Your first moves after a drunk driving crash protect both your health and your right to compensation. If you are able, take these steps at the scene and in the days that follow:
- Call 911 and report the crash so officers create an official report and document the driver’s impairment.
- Get medical care right away, even if you feel fine, because injuries like concussions and internal trauma can surface later.
- Photograph the accident scene, including the vehicles, your injuries, and anything that shows how the crash happened.
- Preserve witness information by collecting names and contact details for everyone that saw the accident.
- Do not admit fault for the cause of the crash without legal counsel.
- Speak with a lawyer before giving a recorded statement to the at-fault driver’s insurer.
Keep a folder with your medical bills, repair estimates, and proof of the canceled or shortened trip, since these documents support your claim. Because Johnson & Lundgreen offers to come to you, you do not have to travel to start your case while you are recovering.
Who Can Be Held Liable for Your Injuries?
The drunk driver is usually the primary party responsible for your injuries, but they may not be the only one. Nationwide, alcohol-impaired crashes killed more than 12,000 people on U.S. roads in 2023. Many DUI accidents trace back to more than one careless choice.
In Idaho, a bar, restaurant, or other establishment can also share liability under the state’s dram shop law, but only in narrow situations. You may have a claim against the business that served the driver if it sold alcohol to someone underage or to someone who was already obviously intoxicated. Idaho law sets a strict deadline you must meet. Under Idaho Code §23-808, you must notify the establishment in writing by certified mail within 180 days from the date your claim arises, generally the date of the crash, or you lose the right to pursue a claim against it.
Identifying every responsible party early is one of the most valuable things a lawyer does in these cases. Each party may have resources and insurance that can help pay your damages.
What Compensation Can You Recover?
Idaho law lets injured victims recover for the full range of harm a drunk driver causes. Depending on your case, that can include:
- Medical expenses, from emergency treatment to follow-up care and rehabilitation
- Lost wages and reduced earning capacity if your injuries keep you from working
- Property damage, including repairs to your vehicle, rental car expenses, and the cost of a ruined trip
- Pain, suffering, inconvenience and the emotional impact of the crash
A strong claim accounts for future costs as well, such as ongoing treatment or care you will still need months from now.
In cases involving especially reckless conduct, Idaho may also allow punitive damages if the evidence meets the statutory standard of clear and convincing proof of oppressive, fraudulent, malicious, or outrageous conduct. Punitive damages are capped at the greater of $250,000 or three times your compensatory damages. Our blog explains when punitive damages may apply after a drunk driving crash.
How Does Idaho’s Fault Rule Affect Your Claim?
Idaho uses a modified comparative negligence rule, which matters because insurers often try to shift part of the blame onto you. You can still recover compensation as long as you are less than 50% at fault, but your award is reduced in proportion to your percentage of fault.
If you are found to be 50 percent or more at fault, you cannot recover any compensation. Drunk driving cases are often strong on liability, yet adjusters still look for any detail, such as your speed or whether you wore a seatbelt, to chip away at your claim. A lawyer can gather the evidence needed to push back on those arguments and keep your fault percentage low. Insurers know the lawyers who will actually go to court to fight, and insurers do not want to be in court representing a drunk driver so they will pay more for an injury claim when the injry was causued by a drunk.
How Long Do You Have to File a Claim in Idaho?
In most Idaho injury cases, you generally have two years from the date of the crash to file a personal injury lawsuit. If a loved one was killed, the same two-year period generally applies, measured from the date of death. Two years can pass quickly while you focus on recovery, and waiting makes evidence harder to gather. The deadline matters even more if you were visiting from out of state, since you will likely need to bring your claim under Idaho law and in Idaho courts. Shorter deadlines can also apply to certain claims, such as the 180-day notice required before pursuing a business that overserved the driver, which is one more reason to get advice early.
Talk to an Idaho Drunk Driving Accident Attorney
A drunk driver should not get to walk away while you pay the price for their choice. At Johnson & Lundgreen, you will speak to an actual attorney for your free consultation. That attorney will be the attorney who handles your case to the end. We have fought for injured Idahoans for more than 25 years, and we work on a no fee unless we win basis. Contact Johnson & Lundgreen for a free consultation, and let us handle the details and the insurance companies while you focus on getting your life back.