How To Get Compensation After Being Hit by a Drunk Driver

Driving under the influence of alcohol poses many dangers, including:

• Impaired judgment and decision-making: Alcohol impairs cognitive function, making it difficult for drivers to make safe decisions. This can result in reckless behavior, such as speeding, running red lights, or making dangerous maneuvers.
• Reduced reaction time: Alcohol affects the central nervous system, which slows down reflexes and reaction time. A delayed response can prevent drivers from avoiding hazards.
• Decreased coordination: Alcohol affects motor skills and coordination, making it difficult for drivers to maintain control of their vehicles. This lack of control increases the risk of swerving or veering into other lanes.
• Impaired depth perception: Impaired depth perception makes it harder for drivers to accurately judge the speed and distance of other vehicles.
• Impaired hand-eye coordination: A lack of hand-eye coordination increases the likelihood of a collision. Drivers may have difficulty steering, braking, or staying in their lanes.
• Memory loss: Impaired drivers may forget essential information such as traffic signs, traffic rules, and even the route to their destinations.
• Increased risk of falling asleep at the wheel: Alcohol acts as a depressant, which can induce drowsiness and the risk of falling asleep at the wheel.

What is considered alcohol-impaired driving?

In most states, it’s illegal to drive with a blood alcohol content (BAC) level of 0.08% or higher. At this BAC level, a driver is noticeably impaired. However, it’s legal for drivers over the age of 21 to drive with BAC levels below 0.08. Only Utah has a BAC limit of 0.05%.

At legal levels, alcohol can still impair a driver’s coordination, visual function, response time, and alertness. This is often considered “buzzed driving.” Despite being legal in most states, it still increases the risk of a crash.

Proving fault in an alcohol-related car accident typically involves a combination of evidence and legal procedures. Here are some key factors that can help establish fault in such cases:

• Police reports: Law enforcement officers usually respond to the crash scene and conduct investigations. Their reports will often include details such as observations of impaired behavior, field sobriety test results, and breathalyzer or blood test readings.
• Witness testimony: Eyewitnesses who saw the crash occur can provide statements that prove the fault of the drunk driver. Witness statements can also be given by those who interacted with the at-fault driver before or after the crash.
• Accident reconstruction: Skilled accident reconstruction experts can examine the physical evidence from the crash scene. This includes tire marks, vehicle damage, and the positioning of the vehicles involved. This can help determine speed, braking patterns, and the point of impact.
• Toxicology reports: BAC tests conducted on the at-fault driver can provide evidence of impairment. These results can strengthen the case against a drunk driver.
• Prior convictions or history: If an impaired driver has a history of DUI convictions, it can be used as evidence to establish a pattern of behavior.

Can the party who served alcohol to the at-fault driver be found liable? 

This depends on which state you live in. Many states have “dram shop” laws that may hold certain establishments accountable for contributing to alcohol-related crashes. These establishments typically include restaurants, bars, and liquor stores. They can be found liable for serving an individual who is noticeably impaired (or underage) if that individual subsequently causes a collision.  

These laws vary from state to state. They generally aim to promote responsible alcohol service and deter establishments from over-serving or selling alcohol to individuals who should not be served.

Some states also have social host liability laws (that is if the drunk driver is served alcohol at a party). Again, the criteria to sue a social host vary from state to state.

After a drunk driving collision, it’s important to take steps to ensure your safety and build your claim. Here’s how:

• Stay calm and refrain from confrontations with the drunk driver.
• Check yourself and other parties for injuries. If anyone is seriously injured, call 911 immediately.
• If it’s safe to do so, take pictures or videos of the crash scene.
• Exchange contact, insurance, and license plate information with other parties involved. If the drunk driver is belligerent, stay in your vehicle and wait for the police to arrive and facilitate that exchange of information.
• Seek immediate medical attention, even if you don’t feel any pain.
• Notify your insurance company about the crash but keep your comments to a minimum.
• Seek legal representation from an experienced drunk driving accident lawyer.

A car accident involving an impaired driver can be a traumatic experience. However, an attorney can help you pursue every dollar owed to you in damages. Here’s what your attorney may include when determining the value of your case:

• Medical expenses: An attorney can recover current and future medical bills for crash-related injuries. This includes hospital stays, surgeries, medications, rehabilitation, and therapy.
• Property damage: An attorney can pursue compensation to repair or replace your vehicle or any other property damaged in a crash.
• Lost wages: If you missed work due to your crash, an attorney may recover lost wages. If your injury affected your long-term career prospects, you can also recover for lost future earnings.
• Pain and suffering: This includes non-economic damages for physical pain, emotional distress, and overall reduction in quality of life.
• Loss of consortium: If the accident resulted in a loss of companionship, support, or intimacy with your spouse, you may be eligible for damages.
• Punitive damages: If the drunk driver's actions were egregious or reckless, an attorney may pursue punitive damages. This aims to punish the at-fault driver and deter similar behavior in the future.

If you’ve been injured in a crash with a drunk driver, it’s important to get a strong legal advocate on your side. Even if the other driver blatantly caused your crash, the insurance companies will go to great lengths to protect their bottom line. They may downplay your injuries or use other tactics to keep their settlement offer to a minimum. But you deserve better!

An experienced car accident attorney will fight to hold the responsible party accountable and help you get the compensation you deserve. They will handle all communications with the insurance companies on your behalf. With a Law.com verified attorney on your side, you only need to focus on your recovery.

To get started on your claim, reach out to an attorney in your area. Can’t afford an attorney? No problem. Our car accident lawyers offer free consultations and operate on a contingency fee basis. That means you don’t pay anything until and unless your attorney wins your case. It’s that simple.