HEAD ON CAR CRASH DRUNK DRIVER MN INJURY LAWYER
Here are the facts of a recent case an auto accident lawyer from our office has been working on.
The crash occurred on a Sunday afternoon. Our client and his friend had made plans to go snowboarding. It was a very nice day outside and the roads were dry. Our client’s friend picked up our car accident lawyer’s client in a pickup truck and they were going to drive to Trollhaugen Wisconsin to hit the slopes, about an hour away.
As they were driving, our client started to doze off in the passenger seat. The crash occurred while they were on MN Highway 243 headed eastbound. At the same time, the a drunk driver was also on MN Highway 243 and heading the opposite direction to our auto accident lawyer’s client – westbound. The posted speed limit for Highway 243 is 45 mph. The other driver was driving over the speed limit and did not keep her vehicle under control as she approached a curve on Highway 243. As a result, she lost control, striking the guardrail on the passenger side of her vehicle. The other car over-corrected, bouncing off the guardrail and slammed head-on into the car our client was in. The force of the impact was so massive, it launched the pick-up over the drunk driver’s vehicle and then over the guardrail. Their pickup truck rolled several times down an embankment before coming to rest on the driver’s side.
Both vehicles involved were demolished in the impact.
We believe liability in this case is very clear, and the drunk driver’s car insurance accepted full responsibility with respect to the property damage. The police reports and several witness statements regarding the car accident show the clear fault of the other driver in causing the crash.
However, in addition to the negligence liability, there is also a strong claim in this case for punitive damages. The toxicology report that our top car accident lawyer was able to get from the Minnesota State Patrol states that the other driver’s blood alcohol level was .152, nearly twice the legal limit. In addition, a marijuana grinder and marijuana were found under her car seat, and the toxicology report confirmed that she had marijuana and cocaine in her blood.
The impaired driver who caused the head on collision was cited for 3rd degree DWI and Impaired Criminal Vehicular Operation. “Third degree” is an enhanced charge that is imposed when there is a prior DWI. The driver had a prior DWI conviction in February 2013. The prosecutor in this case has recently decided not to pursue the charge at this time because of the other driver’s medical condition. Our last information is that she is still not able to walk or talk due to her injuries from this crash.
In addition to claims against the drunk driver, our MN best car accident attorney may pursue a claim against the other owner of the vehicle – her mother, on the basis of negligent entrustment. This is because her parents were aware of her drinking and driving problems from the prior conviction (they fought the prior drunk driving charge and lost), and yet continued to provide their daughter with use of an automobile. If we present this case at trial, we will not just let them admit fault; we will present evidence of the driver’s prior conviction and alcohol and drug use in the case to prove our claim of negligent entrustment against her parents. We will also press for punitive damages against the parents based on this negligent entrustment and as owners of the vehicle.
If you have been injured in a car accident in MN because of a drunk driver causing a head on crash, please call us for a free consultation with a top MN car accident lawyer. Our lawyers have more than 25 years’ experience successfully representing people injured in a car accident throughout Minnesota. The primary focus of our attorneys is to get our clients complete and fair compensation after they have be injured in a car accident. We have offices in Edina, Minneapolis, St. Louis Park, and Woodbury where you can meet with a lawyer. Our car accident lawyers also will come to you and meet at your home or even at the hospital in Chaska, Burnsville, Anoka, St. Paul, Mankato, Albert Lea, and other cities throughout Minnesota.