Barber & Associates, LLC
Drunk Driving Accident Lawyer in Alaska
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Personal Injury Law Firm In Alaska
Alaska Drunk Driving Accident Lawyers
When an impaired driver causes a crash, the criminal DUI case and the injured person’s personal injury claim are two different legal matters.
The criminal case focuses on whether the driver violated Alaska law and what penalties should apply. A civil injury claim focuses on the harm caused by the crash, including medical expenses, lost income, pain and suffering, property damage, and other losses.
Barber & Associates represents people injured by drunk and drug-impaired drivers throughout Alaska. Our attorneys investigate the crash, deal with insurance companies, identify available sources of recovery, and help injured people understand their legal options.
For information about motor vehicle injury claims more generally, visit our Alaska car accident lawyer page.
How Does Alcohol or Drug Impairment Affect Driving?
Alcohol can interfere with judgment, coordination, reaction time, vision, and the ability to make safe decisions behind the wheel.
Driving impairment is not limited to alcohol. Illegal drugs, marijuana, prescription medication, over-the-counter medication, and combinations of substances can also affect a person’s ability to operate a vehicle safely.
A personal injury claim does not necessarily depend on whether a driver exceeded a particular blood alcohol concentration or was ultimately convicted of DUI. The central question in the civil case is whether the driver’s conduct caused or contributed to the collision and resulting injuries.
Does a DUI Arrest Automatically Prove a Personal Injury Claim?
No. An arrest for driving under the influence can provide important evidence, but the criminal case and civil injury claim are separate proceedings.
A drunk-driving injury claim may still require evidence establishing:
- How the crash occurred
- Whether the driver was impaired
- Whether the driver’s conduct caused the collision
- What injuries resulted from the crash
- The financial and personal losses caused by those injuries
- Whether another person or business also bears responsibility
What Evidence Can Show That a Driver Was Impaired?
A drunk- or drug-impaired-driving investigation may produce evidence that would not exist in an ordinary car accident.
Depending on the circumstances, evidence may include:
- Police observations and the crash report
- Breath or blood alcohol testing
- Toxicology results
- Field sobriety testing
- Witness statements
- Dash-camera or body-camera footage
- Bar, restaurant, or purchase records when relevant
- Surveillance video
- Photographs and video from the crash scene
- Statements made by the driver
- Vehicle and roadway evidence
What Is the Difference Between the Criminal DUI Case and My Civil Claim?
A criminal DUI prosecution is brought by the government against the accused driver. Its purpose is to determine criminal responsibility and, if appropriate, impose penalties.
A personal injury claim is brought by the injured person to seek compensation for losses caused by the collision.
The two cases can proceed separately. An injured person’s right to pursue compensation does not depend on receiving payment through the criminal case.
Evidence developed during a DUI investigation may nevertheless become relevant to the civil claim.
Who Can Be Responsible for a Drunk Driving Accident in Alaska?
The impaired driver is often the primary focus of the investigation, but that does not necessarily mean the driver is the only potentially responsible party.
If an impaired driver was operating a vehicle in the course of employment, questions may arise about the employer’s potential responsibility depending on the circumstances.
Commercial vehicle crashes may involve additional issues. Learn more about Alaska truck accident claims.
Alaska law provides limited circumstances in which a licensed business or another alcohol provider may face civil liability related to furnishing alcohol.
These claims are highly fact-specific. An investigation may consider where the driver obtained alcohol, who provided it, the driver’s condition at the time, and whether the circumstances fall within Alaska law.
Identifying every potentially responsible party can also be important when the impaired driver’s insurance is insufficient to cover serious injuries.
Can a Bar or Restaurant Be Liable for a Drunk Driving Accident in Alaska?
Possibly, but not every business that served alcohol to a driver is automatically liable for a later crash.
Alaska law places specific limits and conditions on claims involving people or businesses that furnish alcoholic beverages. Whether a claim exists depends on facts such as who provided the alcohol, whether the provider was licensed, the condition or age of the person receiving it, and whether the intoxication substantially contributed to the resulting harm.
Because these claims involve separate legal requirements, they should be evaluated based on the individual circumstances rather than assumed to apply to every drunk-driving collision.
Can Punitive Damages Be Available After a Drunk Driving Crash?
What Compensation May Be Available After a Drunk Driving Accident?
There is no standard amount or formula for a drunk-driving injury claim.
Depending on the facts, recoverable damages may include:
- Medical expenses
- Future medical care related to the injuries
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Other documented accident-related losses
Serious injuries can also create long-term medical, employment, and personal consequences that should be considered before a claim is resolved.
See examples of matters Barber & Associates has handled on our case results page. Prior results do not guarantee a similar outcome in another case.
What If the Drunk Driver Does Not Have Enough Insurance?
Serious injuries can exceed the amount of liability insurance available from the impaired driver.
Depending on the policies involved, other sources of recovery may need to be investigated. These can potentially include uninsured or underinsured motorist coverage, additional applicable insurance policies, or claims involving another responsible party.
Determining available insurance coverage is an important part of evaluating a serious impaired-driving accident claim.
What Should I Do After Being Hit by a Drunk Driver?
- Call law enforcement and emergency services.
- Seek medical evaluation for your injuries.
- Photograph the vehicles, roadway, damage, and surrounding scene.
- Collect contact information from witnesses.
- Keep the police report or incident information.
- Save medical records, bills, wage information, repair estimates, and insurance correspondence.
- Avoid making assumptions about whether the criminal DUI case will resolve your injury claim.
- Consider speaking with a personal injury attorney before giving a detailed recorded statement or signing broad authorizations requested by another party’s insurer.
What If a Drunk Driving Accident Causes a Death?
A fatal impaired-driving crash can result in both criminal proceedings against the driver and a separate civil claim arising from the death.
Depending on the circumstances, Alaska law may allow the deceased person’s representative to pursue a wrongful death action for losses recognized by law.
Learn more about wrongful death claims in Alaska.
Talk With an Alaska Drunk Driving Accident Lawyer
A DUI arrest may be an important part of the story, but it does not handle the injured person’s medical expenses, lost income, insurance claim, or other accident-related losses.
Barber & Associates represents people injured by drunk and drug-impaired drivers throughout Alaska and helps clients understand how the criminal investigation, insurance claim, and civil injury case may intersect.
Who hurt you?
Contact Barber & Associates to discuss your truck accident with an Alaska personal injury attorney, or call 907-276-5858.
Alaska Drunk Driving Accident FAQs
Can I sue a drunk driver who injured me in Alaska?
A person injured because of another driver’s negligent or wrongful conduct may have a personal injury claim. When alcohol or drugs are involved, evidence from the impaired-driving investigation may also be relevant to establishing what happened and who was responsible.
Do I have to wait for the driver's DUI case to end before making an injury claim?
Not necessarily. The criminal DUI prosecution and the civil personal injury claim are separate legal matters. The appropriate timing depends on the circumstances, but injured people generally should not assume that they must wait for the criminal case to end before addressing their civil claim.
What if the drunk driver is found not guilty of DUI?
A not-guilty verdict, dismissed charge, or reduced criminal charge does not automatically determine the outcome of a civil injury claim. The criminal and civil systems use different procedures and standards, and evidence from the collision can still be evaluated in the civil case.
Can I make a claim if the driver's BAC was below .08?
Potentially. A driver’s ability to operate safely can be affected before reaching a particular BAC, and a civil negligence claim does not necessarily depend on a DUI conviction. The driver’s conduct and whether it caused the collision remain important questions.
Can prescription medication lead to an impaired-driving accident claim?
Yes. Prescription or over-the-counter medication can affect driving ability. Whether the driver was negligent depends on the medication, impairment, warnings, conduct, and other circumstances surrounding the collision.
Can marijuana or other drugs be involved in a DUI accident claim?
Yes. Alaska impaired-driving laws are not limited to alcohol. A crash investigation can involve marijuana, controlled substances, inhalants, prescription medication, or combinations of substances when impairment is suspected.
Can a passenger injured by a drunk driver make a claim?
Yes. A passenger may potentially have a claim when the negligence of the driver of their vehicle, another driver, or multiple parties caused their injuries. The applicable insurance policies and allocation of fault depend on how the collision occurred.
What happens if a drunk driver hits a pedestrian or bicyclist?
An impaired-driving injury claim is not limited to vehicle occupants. Pedestrians, bicyclists, motorcyclists, and other road users injured because of a driver’s negligence may also have civil claims arising from the collision.
Does insurance still cover an accident caused by drunk driving?
Insurance coverage depends on the policies, parties, and circumstances involved. The fact that a driver was impaired does not by itself mean an injured person should assume no coverage exists. The relevant liability and uninsured or underinsured motorist policies should be reviewed.
How long do I have to bring a drunk driving accident claim in Alaska?
Alaska generally applies a two-year limitations period to personal injury actions, but exceptions and different deadlines can apply depending on the facts and parties involved. Evidence issues can also arise long before a filing deadline, so an injured person should not rely solely on the general limitations period when deciding when to investigate a claim.