You got into the car with a friend, expecting a quick ride or a fun night out. Then things went sideways. Now you are dealing with injuries, medical appointments, and real worries about how you will heal and pay your bills. Many passengers feel unsure about what to do next, especially when the driver was someone they trusted.
You can take action. Idaho law gives passengers the right to pursue compensation after a DUI accident. You can seek payment for treatment costs, lost income, and the physical and emotional fallout of the crash. You do not give up your rights just because you knew the driver.
This guide by our Boise car accident attorneys walks you through how these claims work in Idaho, how fault is evaluated, and what to expect if you decide to move forward.
Can Passengers Sue After a DUI Accident in Idaho?
Yes, passengers injured in a DUI crash in Idaho can sue the at-fault driver or other responsible parties. Idaho’s personal injury laws allow anyone harmed by another person’s negligence to pursue compensation. This includes passengers, even if they were riding with the intoxicated driver.
You may be able to file a claim against:
- The DUI driver, whether or not they were criminally convicted
- Another driver who contributed to the crash
- A vehicle owner who negligently entrusted their car to the impaired driver
Importantly, a DUI charge strengthens a negligence claim but is not required to prove liability. Civil claims focus on whether the driver failed to act with reasonable care. In DUI cases, that failure is often clear. Even if criminal charges are pending, civil claims can move forward independently.
Determining Fault and Comparative Negligence in Idaho
Idaho uses a modified comparative negligence system under Idaho Code § 6-801. This means you can recover damages as long as you are less than 50% at fault for the accident. If you are found partially responsible, your compensation will be reduced by your percentage of fault.
For passengers, this rule may apply if:
- You knowingly got into a car with someone you knew was intoxicated
- You encouraged reckless behavior or distracted the driver
Courts will consider the full context of the accident. That’s why it’s important to document the scene, gather witness statements, and preserve any evidence that shows you were not responsible for the crash. The more clearly you can show the driver’s negligence, the stronger your case will be.
What Compensation Can Injured Passengers Recover?
Injured passengers in Idaho DUI accidents may be entitled to several types of compensation, depending on the severity of the injuries and the circumstances of the crash. Common damages include:
- Medical expenses, including emergency care, surgery, and rehabilitation
- Lost wages and loss of future earning capacity
- Pain and suffering, including emotional distress
- Property damage, such as broken phones or personal items in the vehicle
- Long-term care costs or disability-related expenses in serious injury cases
Compensation may come from the at-fault driver’s insurance policy or, in some cases, your own uninsured/underinsured motorist (UM/UIM) coverage. Understanding your insurance options is key to maximizing your recovery.
Insurance Considerations in Idaho DUI Passenger Claims
Idaho law requires drivers to carry minimum liability insurance of $25,000 per person for bodily injury. However, many DUI drivers are underinsured, or worse, uninsured. This can make it harder to recover full compensation through their policy alone.
If the at-fault driver’s insurance is insufficient, you may be able to file a claim under your own UM/UIM coverage. This type of insurance is designed to protect you when the other driver can’t pay.
Keep in mind:
- Insurance companies may try to minimize or deny your claim
- There are strict deadlines for notifying insurers after an accident
- Legal representation can help you navigate these challenges and protect your rights
Acting quickly after the crash can make a big difference in how your claim is handled.
Steps to Take After a DUI Accident as a Passenger
If you’ve been injured in a DUI accident in Idaho, taking the right steps early on can protect your health and your legal rights. Here’s what to do:
- Seek immediate medical attention, even if injuries seem minor
- Keep all medical records, bills, and receipts
- File a police report and request a copy for your records
- Avoid speaking with insurance adjusters before consulting an attorney
- Contact a personal injury lawyer experienced in Idaho DUI cases
Idaho’s statute of limitations for personal injury claims is generally two years from the date of the accident. Missing this deadline could prevent you from recovering any compensation.
Get Help from an Idaho DUI Passenger Injury Lawyer
If you were injured as a passenger in a DUI accident, you have the right to pursue compensation. The experienced personal injury attorneys at Johnson & Lundgreen can help you understand your legal options and fight for the recovery you deserve. Contact us today for a free consultation. Let us help you take the next step toward healing and justice.