Drunk driving is a serious offense in every state that can result in catastrophic property damage, life-altering injuries, and death. If a drunk driver has hit you, you have legal options. 

Protecting your right to collect compensation is essential to moving forward with your life after an accident. Hiring an experienced car accident lawyer is a good first step in recovering your losses and making sure you have the money you need for continued care.

How Common Is Drunk Driving?

Driving under the influence is extremely common. Even though access to rideshare vehicles has made it easier to get a safe ride home if a person is impaired, drunk-driving accidents claimed 13,524 lives in 2022 alone. Drunk driving accounts for 32% of all vehicular crashes nationwide, and current data show that a life is claimed by a drunk driver every 39 minutes.

Many drunk drivers do not think they are too impaired to drive. The legal blood alcohol content (BAC) limit is .08% in all states (except Utah, where the limit is .05%), but in 2022, 2,337 people were killed in accidents with drivers whose BAC measured between .01% and .07%. Even small amounts of alcohol are enough to impair a driver behind the wheel.

Can You Sue a Drunk Driver If You're Injured in a Crash?

Yes. If you have been injured in a motor vehicle crash by a drunk driver, you can file a claim for your injuries and related damages. If the driver is insured, their insurance carrier will be responsible for providing their defense and paying a settlement amount to you. In many cases, a drunk driver will be charged in a criminal lawsuit (by the state). If you bring a civil suit for damages against the river, the criminal case may determine the pace for the civil suit.

The civil suit will involve working with the drunk driver's insurance company. The company will assign an insurance adjuster to the case to determine how much, if any, you are owed. Keep in mind, however, that insurance adjusters work for the insurance company and work to preserve the company’s best interests. Having an experienced attorney on your side can help protect you from accepting lowball settlement offers and help you maximize the amount you receive. It can also prevent the driver's insurance company from trying to deflect onto you, claiming that your own actions contributed to the crash that injured you.

Can You File a Lawsuit If You Were a Passenger in the Car with a Drunk Driver?

Yes. Injured passengers can file a claim against the at-fault party who caused the crash, even if the at-fault party was their own driver. If there were multiple parties at fault in your accident, you may need to file separate claims. With the assistance of a drunk driving accident attorney, you can ensure you file claims with the appropriate parties to receive the compensation you need for your damages.

Who Else May Be Liable in a Drunk Driving Accident?

Drunk drivers aren't always the only liable parties; in some cases, a third party may also be held liable:

An Employer

If an employee operating a company vehicle while under the influence is involved in a crash, the employer may be held responsible. If, for instance, the employee was at a company-sponsored event before operating the vehicle, or if the employer knew of the employee's impairment or failed to take into consideration the employee's prior drunk-driving history, the employer may be at fault in the accident.

A Social Host

In some states, a person who hosts a party where alcohol is served can be held liable if a person leaves the party impaired and has an accident. In most states where this is possible, the social host cannot be held liable unless they knowingly and willingly serve alcohol to a minor, and that minor is then involved in a motor vehicle accident. A social host is not usually responsible for the actions of a person who is of legal drinking age.

A Bar or Restaurant

In 42 States and the District of Columbia, "dram shop" laws make it possible for injured parties to file a lawsuit against restaurants and bars that served alcohol to a person who then caused a motor vehicle accident. These laws are specific, and in some states, they only apply to situations where a minor has been served alcohol. In other states, the type of establishment that can be held liable is limited, and wait staff and bartenders who knowingly serve someone who is already intoxicated or who is known to have an alcohol addiction can be held liable. 

To find out which parties can be held liable in your specific case, it is best to contact a drunk-driving attorney. Your lawyer will know your state's laws and will know which third parties may share liability.

Does It Matter If the Driver Gets a Traffic Ticket?

Almost every drunk driver will be given a ticket, and it can be a helpful piece of proof when it comes to establishing fault. However, you can still sue for damages in a civil claim even if a driver isn't ticketed.

Other Evidence That Proves a Drunk Driver Is to Blame

Although a drunk-driving accident may seem straightforward, you will still need evidence to establish the fault of the driver. Proof that can support your case may include:’

• Police reports

• Witness statements

• Expert testimony

• Your medical treatments and diagnosis

• Vehicle black box data

• Receipts or tabs from the location where the driver was drinking before the accident

• CCTV or traffic camera footage

It can be difficult to attempt to collect this information on your own, especially if you are healing from injuries. A personal injury attorney does this work for you, allowing you to focus on recovery. 

Who Can Use MedPay or PIP in a Drunk-Driving Crash?

Both MedPay and PIP are add-on insurance coverages that pay for the treatment of injuries and related expenses in the event of an accident. These are no-fault policy add-ons, which means that even the drunk driver can use these policy benefits to offset the costs associated with a crash. 

MedPay will only pay for reasonable medical treatment for injuries, but PIP could pay for medical expenses and other costs, like missed pay, psychiatric treatment, and rehabilitation. If you have either of these coverages, you may use them without risking your right to collect compensation from an at-fault party for your damages. 

How Long Do You Have to File a Drunk Driving Claim or Lawsuit?

The time you have to file a drunk-driving claim or lawsuit varies from state to state. In most states, you have between one to four years from the date of the accident to file suit. The best practice is to file your claim as soon as possible to avoid potential delays in receiving your settlement. Contacting an experienced car accident attorney can help you determine how long you have to file a claim and which parties are at fault.

Why Hiring an Injury Lawyer Can Help After a Drunk Driving Accident 

A drunk-driving accident can be life-altering and leave you with injuries that take months or years to heal. Worrying about a claim or an impending lawsuit while you are healing can be burdensome. When you hire a personal injury attorney, they can handle the claims and lawsuit process for you from start to finish. If you have been injured by a drunk driving accident, hiring an experienced attorney is one of the best decisions you can make.