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A drunk driver just hit you, and the next few minutes feel like a blur. Here is what to do if you are hit by a drunk driver in Idaho: move to safety, call 911, report the crash to police, get medical care right away, and photograph everything before you leave the scene. Then talk with a Boise drunk driving accident lawyer before you give a statement to the other driver’s insurer. Johnson & Lundgreen helps injured Idahoans protect their health, their evidence, and their right to full compensation.
Key Takeaways
- Get to safety and call 911 right away. Idaho law requires drivers to report a crash that causes injury, death, or more than $1,500 in property damage.
- See a doctor immediately, even if you feel okay. Some serious injuries do not show symptoms for hours or days.
- Document the scene with photos, witness names, and the responding officer’s information.
- Do not admit fault, and do not accept a quick offer from the other driver’s insurance company.
- You generally have two years to file an injury claim in Idaho, and other deadlines can be much shorter, so speak with an attorney early.
What To Do at the Scene of a Drunk Driving Crash
Your safety comes first. If you can, move your vehicle out of traffic and check yourself and your passengers for injuries. Then call 911. When a crash causes an injury or serious property damage, Idaho law requires you to notify law enforcement immediately, and the officer’s report creates an official record of what happened.
Drunk driving remains a deadly problem. Impaired drivers were involved in more than a third of Idaho’s traffic deaths in 2024. While you wait for help, gather what you can. Alcohol sharply reduces a driver’s coordination, judgment, and reaction time, so signs of impairment matter. Note anything you observed, such as the smell of alcohol, slurred speech, or open containers. Take photos of the vehicles, the road, and your injuries, and collect names and numbers from witnesses. Avoid discussing fault with the other driver, and never apologize, because those words can be used against you later.
Protect Your Health and Your Claim in the Days After
See a medical provider as soon as possible, even if you think you are fine. Adrenaline can mask pain, and conditions like concussions or internal injuries may take time to appear. Prompt treatment protects your health and connects your injuries to the crash.
Keep every record, including medical bills, repair estimates, and time missed from work. Report the crash to your own insurer, but be careful with recorded statements and stick to the facts. Idaho follows a modified comparative negligence rule, which means the other side may try to shift blame onto you to reduce what they pay.
Strong documentation helps protect your recovery. Be cautious with any fast settlement offer, because early offers rarely cover the full cost of a serious injury.
Who May Be Responsible for a Drunk Driving Crash
The impaired driver is usually the main responsible party, but not always the only one. In some situations, a business that served the driver can share responsibility under Idaho’s limited dram shop law. That claim is narrow. It generally applies only when the driver was already obviously intoxicated or under the legal drinking age when served, and an injured person must give the business written notice within 180 days of the crash.
Because that window is short and the rules are strict, it is easy to lose this option by waiting. A lawyer can quickly investigate every possible source of compensation, including the at-fault driver’s insurance, your own car accident coverage, and any third party that may share fault.
Why Calling an Idaho Personal Injury Attorney Matters
After a drunk driving crash, the insurance company is not on your side. An experienced attorney levels the field. At Johnson & Lundgreen, you work directly with attorneys Scott Lundgreen and Russell L. Johnson, not a case manager, and the firm’s attorneys each bring more than 25 years of experience to Idaho injury cases.
A lawyer protects your deadlines, including the state’s general two-year filing limit and the shorter notice periods that can apply to some claims. Your attorney also gathers evidence, handles the insurers, calculates the full value of your losses, and takes your case to trial if needed. Johnson & Lundgreen offers free consultations, will come to you, and charges no attorney fee unless they win your case, so getting help costs nothing up front.
Frequently Asked Questions
How long do I have to file a claim after a drunk driving accident in Idaho?
In most cases you have two years to file a lawsuit in Idaho. For a personal injury claim, that clock runs from the date of the crash. For a wrongful death claim, it runs from the date of death, which is not always the same day as the crash. If you miss the deadline, the court can permanently bar your claim. Some claims carry shorter notice requirements, so it is wise to speak with an attorney soon after the accident.
What if I was partly at fault for the crash?
You may still recover compensation. Idaho uses a modified comparative negligence rule, which lets you recover as long as your share of fault is less than the other party’s. Your award is then reduced by your percentage of fault, which is one reason careful documentation of the crash is so important. However, if you are 50% or more at fault, recovery is barred.
Do I have to report a drunk driving crash to the police?
Yes. Idaho law requires the driver of a vehicle to notify law enforcement immediately when a crash causes injury, death, or property damage over $1,500. A prompt police report also helps document the other driver’s impairment and supports your claim.
Can I hold a bar or restaurant responsible for over-serving the driver?
Sometimes, but Idaho limits these claims. You generally must show the driver was obviously intoxicated or underage when served, and you must notify the business by certified mail within 180 days of the crash. The impaired driver and passengers in that driver’s vehicle cannot bring this type of claim, so speak with a lawyer quickly to protect the option.
Talk to a Boise Drunk Driving Accident Attorney Today
If a drunk driver hurt you or someone you love in Idaho, do not wait. Contact Johnson & Lundgreen for a free consultation. You will meet directly with an experienced attorney, pay nothing unless you win, and get the aggressive representation you deserve.