Drunk driving accidents are among the most devastating types of motor vehicle crashes. The consequences often go beyond physical injury—they leave lasting emotional scars, disrupt financial stability, and create a deep sense of injustice. In Idaho, where impaired driving remains a persistent issue, understanding your rights and knowing what steps to take after being injured by a drunk driver is essential for protecting your health, preserving your legal options, and pursuing rightful compensation.
This post provides a comprehensive overview of the immediate actions, legal framework, and practical strategies involved when you are the victim of a drunk driving accident in Idaho.
Step 1: Get Medical Help Immediately
After any serious accident, your health comes first. Call 911 right away and seek medical treatment, even if your injuries seem minor at first. Some trauma, such as concussions or internal bleeding, may not be immediately apparent. Prompt medical attention not only ensures your safety but also creates official documentation that connects your injuries to the crash.
In Idaho, emergency responders will typically document the scene thoroughly, and if intoxication is suspected, law enforcement will conduct sobriety tests or request a blood alcohol test from the impaired driver.
Step 2: Ensure a Police Report is Filed
A police report is critical in drunk driving accidents. Idaho law enforcement is trained to identify and document signs of impairment, such as slurred speech, the smell of alcohol, erratic driving, or failed sobriety tests. If the driver is over the legal limit of 0.08% BAC (or above 0.02% if they’re under 21), this will be included in the report, which can serve as crucial evidence in both insurance and civil claims.
Request a copy of the report from the responding agency—whether it’s the Boise Police Department, Ada County Sheriff, or Idaho State Police—so that you have a record for your own files.
Step 3: Gather as Much Evidence as Possible
Even though law enforcement handles much of the investigation in a DUI accident, it’s in your best interest to document what you can. This may include:
- Photos of vehicle damage, the road, and injuries
- Contact information for witnesses
- Any communications or behavior from the other driver that might indicate intoxication
- Medical records from your hospital or urgent care visit
This evidence can later support your claim, especially when negotiating with insurance or pursuing a personal injury lawsuit.
Step 4: Understand Idaho’s DUI and Civil Liability Laws
Under Idaho Code § 18-8004, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable alcohol constitutes a violation.
When a drunk driver causes a crash, they can face both criminal penalties (including fines, jail time, and license suspension) and civil liability for the harm they cause. Importantly for victims, criminal charges do not prevent you from filing a civil personal injury claim—in fact, a criminal conviction can strengthen your civil case.
In Idaho, if you’re injured by a drunk driver, you can pursue compensation through:
- A personal injury claim against the driver
- An insurance claim (either through the driver’s insurer or your own uninsured/underinsured motorist coverage)
- A wrongful death claim if a family member was killed in the crash
Step 5: Types of Damages You May Be Entitled To
If you’ve been injured by a drunk driver in Idaho, you may be eligible to recover both economic and non-economic damages:
- Medical expenses (hospital bills, therapy, ongoing care)
- Lost income (including future earning capacity)
- Property damage (repairs or replacement of your vehicle)
- Pain and suffering (physical and emotional)
- Loss of enjoyment of life
- Punitive damages
Idaho law allows punitive damages in cases of gross negligence or reckless misconduct—both of which are typically present in DUI crashes. These damages go beyond compensating the victim; they are meant to punish the offender and deter similar behavior in the future. However, punitive damages in Idaho are capped under Idaho Code § 6-1604 at the greater of $250,000 or three times the compensatory damages.
Step 6: Navigating Insurance After a Drunk Driving Accident
Even if liability seems clear, dealing with insurance after a DUI crash can be complicated. The at-fault driver’s insurer may still dispute the extent of your injuries or damages, or in some cases, the driver may not have adequate coverage—or any at all.
This is where Uninsured/Underinsured Motorist Coverage (UM/UIM) becomes vital. Idaho insurers must offer UM/UIM coverage, and unless you’ve declined it in writing, your policy may provide critical benefits in these situations. UM/UIM can cover medical costs, lost wages, and pain and suffering when the drunk driver’s policy is insufficient or nonexistent.
Step 7: Be Mindful of Time Limits
Idaho imposes a two-year statute of limitations for personal injury claims (Idaho Code § 5-219). This means you have two years from the date of the accident to file a lawsuit against the drunk driver. While insurance claims can be initiated earlier, waiting too long to take legal action can permanently bar you from recovering damages.
Step 8: Take Care of Your Emotional and Psychological Recovery
Drunk driving crashes often carry emotional trauma—especially when injuries are severe, or someone is killed. Don’t overlook your mental and emotional recovery. Counseling, support groups, and community resources in Boise and throughout Idaho can offer help as you heal.
Final Thoughts
Being injured by a drunk driver in Idaho is a life-altering experience. It’s a situation filled with pain, anger, and uncertainty. But Idaho law provides clear avenues for victims to seek justice and compensation. From understanding your rights to documenting your injuries and pursuing legal remedies, each step you take after the crash can make a significant difference in your recovery—both physically and financially.
Whether you’re recovering in Boise, Meridian, or another Idaho community, stay informed, act promptly, and make decisions that protect your well-being and your future. Call us today or schedule a free consultation online if you need any help with a DUI accident.
