Alaska Drunk Driving Accident Lawyers

Serving all of Alaska · Free consultation · Contingency fee — no fee unless we win

Quick answer

If you were hurt by a drunk driver in Alaska, you have a civil claim for compensation that is separate from the criminal DUI case. You generally have two years to file (AS 09.10.070), and Alaska follows pure comparative fault (AS 09.17.060). In Alaska it is illegal to drive with a blood-alcohol level of 0.08% or higher (AS 28.35.030). In some cases, a bar or other alcohol licensee that over-served the driver can also be liable (AS 04.21.020). Choate Law Firm has represented injured Alaskans since 1980. Consultations are free and we are paid only if we recover for you. Call (907) 586-4490.

The civil claim is separate from the criminal case

A criminal DUI prosecution punishes the driver; your civil claim compensates you for your injuries — they are different cases with different rules. You do not need to wait for, or rely on, a criminal conviction to pursue compensation, though a conviction can help. We pursue the at-fault driver's insurance and any other responsible parties.

Dram shop and third-party liability

Alaska law allows civil claims against alcohol licensees who unlawfully serve a drunken person or a minor (AS 04.21.020), and against anyone who knowingly furnishes alcohol to a person under 21. This "dram shop" liability can matter when the drunk driver's own insurance is not enough to cover a serious injury. We investigate every source of responsibility and coverage.

Damages and cost

You may recover medical bills, lost income, and noneconomic damages; in cases of especially reckless conduct, punitive damages may be available (AS 09.17.020). Only noneconomic damages are capped (AS 09.17.010). We work on a contingency fee — no fee unless we recover for you.

Frequently asked questions

Do I have to wait for the DUI criminal case? No. Your civil claim is separate and has its own two-year deadline (AS 09.10.070).

Can I sue the bar that over-served the driver? Possibly, under Alaska's dram shop statute (AS 04.21.020), depending on the facts.

Can I get punitive damages? Possibly, for especially reckless conduct, with clear and convincing evidence (AS 09.17.020). Results vary.

What does it cost? Nothing up front — contingency fee.

Sources

AS 28.35.030 (driving under the influence): https://codes.findlaw.com/ak/title-28-motor-vehicles/ak-st-sect-28-35-030/
AS 04.21.020 (civil liability for providing alcohol): https://codes.findlaw.com/ak/title-4-alcoholic-beverages/ak-st-sect-04-21-020/
AS 09.17.020 (punitive damages): https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-17-020/

Disclaimer

This page is general information, not legal advice, and does not create an attorney-client relationship. Outcomes depend on the specific facts of each case. Attorneys at Choate Law Firm LLC are licensed in Alaska, California, Hawaii, New York, and Washington (specific jurisdiction varies by attorney).