Tailgating near Albertsons Stadium is a cherished tradition for many in Boise, Idaho. The excitement of football games, coupled with friends and family gathering, can sometimes lead to dangerous situations. Alcohol consumption, often a part of the tailgate festivities, can impair judgment and reaction times, leading to accidents. Unfortunately, if you are injured in a DUI-related tailgate wreck, you may be dealing with physical injuries, emotional distress, and mounting medical bills. Fortunately, Idaho law offers options for those seeking justice and compensation after such an accident. Here’s what you need to know about your rights and options under Idaho law.
What to Do After a DUI Tailgate Accident 
In the aftermath of any car accident, it’s essential to act quickly, and this is especially true for DUI-related crashes. After ensuring that you and others are safe, call the police immediately. In Idaho, law enforcement officers are trained to identify DUI drivers through field sobriety tests and breathalyzer tests. These tests can provide crucial evidence to strengthen your case.
While waiting for the police, it’s also important to seek medical attention as soon as possible. Even if your injuries feel minor or don’t seem to be affecting you right away, getting checked out by a healthcare professional is crucial. Some injuries, like whiplash or internal injuries, may not present symptoms immediately. A medical record from the scene of the accident can serve as key evidence if you later file a claim.
Once you’ve seen a doctor, document everything—keep track of medical bills, pain and suffering, and any lost wages from work due to the accident. This documentation will help you pursue compensation for the full extent of your injuries.
How Idaho’s DUI Laws Affect Your Case
Idaho has strict laws when it comes to driving under the influence. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers over the age of 21. If the driver who caused your accident was found to be above this limit, this could be pivotal in your case. In Idaho, DUI is both a criminal offense and a cause of action for civil personal injury claims.
If the driver is arrested for DUI, they may face criminal charges, including fines, license suspension, and even jail time. However, these criminal penalties are separate from your ability to file a civil personal injury lawsuit. Criminal convictions won’t provide you with direct compensation for medical bills, lost wages, or pain and suffering. This is why pursuing a personal injury claim is important.
Under Idaho law, if the person responsible for the accident was intoxicated, this can be used as evidence of their negligence. Proving that the driver was legally impaired at the time of the accident strengthens your case significantly, as DUI is often considered gross negligence. This evidence can help ensure you receive the compensation you deserve.
Types of Compensation Available in a DUI Accident Case
In a DUI accident, the damages you can seek generally fall into three categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
These damages cover tangible costs like medical expenses, lost wages, and property damage. If you were hospitalized, underwent surgery, or need ongoing physical therapy, you may be able to recover the costs associated with these treatments. Similarly, if your injuries prevent you from working, you may be entitled to compensation for lost income.
Non-Economic Damages
Non-economic damages address the intangible impacts of an injury. These can include pain and suffering, emotional distress, and the overall impact the injury has had on your quality of life. For instance, if you’re unable to participate in activities you once enjoyed, such as attending football games or spending time with your family, this can be factored into your claim.
Punitive Damages
In cases involving gross negligence, such as DUI accidents, you may be eligible for punitive damages. These damages are meant to punish the at-fault driver for their actions and deter others from similar behavior. Idaho law allows for punitive damages in DUI cases, and this can significantly increase the amount of compensation you receive.
Idaho’s Comparative Fault Rule
One of the key principles in Idaho personal injury law is the concept of comparative fault. This means that if you were partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if the court determines that you were 20% responsible for the crash, your final settlement or award will be reduced by 20%.
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Even if you were partially at fault, Idaho law allows you to seek compensation as long as your share of the fault is less than 50%. This can be particularly important in a DUI case, where the impaired driver’s actions are clearly a significant contributing factor to the accident.
How Legal Representation Helps You Navigate a DUI Accident Case
DUI accident cases can be complicated, and navigating the legal system alone can be overwhelming. The driver who caused the accident may be dealing with criminal charges, which can add complexity to your case. Additionally, insurance companies often try to minimize payouts, and you may encounter resistance when seeking compensation.
Hiring a skilled personal injury attorney, such as the team at Hepworth Holzer, LLP, can help you navigate these complexities. Our experienced lawyers specialize in car accidents, including DUI cases, and we can ensure that you get the compensation you deserve. We can gather evidence, communicate with insurance companies, and represent you in court if necessary.
At Hepworth Holzer, we work on a contingency fee basis, meaning that you don’t pay anything unless we win your case. This ensures that our clients can pursue justice without the worry of upfront legal fees.
Why You Need an Experienced Personal Injury Lawyer
If you’ve been injured in a DUI tailgate wreck near Albertsons Stadium, having a skilled attorney by your side can make all the difference. We understand how devastating an accident like this can be, not only physically but also emotionally and financially. At Hepworth Holzer, we are committed to helping accident victims in Boise and throughout Idaho recover the compensation they deserve.
Our attorneys have years of experience representing clients in personal injury cases, and we are dedicated to fighting for your rights. Whether through settlement negotiations or litigation, we will work tirelessly to ensure that you receive the best possible outcome.
If you have been injured in a DUI-related tailgate wreck near Albertsons Stadium, don’t wait to seek legal help. Contact Hepworth Holzer, LLP today for a free consultation. Our experienced attorneys will review your case, explain your legal options, and help you understand the best course of action. We are here to help you get back on your feet and pursue the justice you deserve.
Visit https://hepworthholzer.com/contact/ to schedule your free consultation today.