Drunk Driver Accident FAQ
Answers to the most common questions after a drunk driving accident — civil liability, punitive damages, dram shop claims, uninsured drivers, and how to protect your rights.
Can I sue a drunk driver who injured me?
Yes. A drunk driver is civilly liable for all injuries and damages they cause, regardless of whether they are convicted in criminal court. The civil and criminal cases are separate. You do not need to wait for the criminal case to conclude before filing a civil claim. In fact, a criminal DUI conviction makes your civil case significantly stronger because it establishes negligence per se.
What is negligence per se and how does it help my case?
Negligence per se means a defendant violated a law designed to protect public safety, and that violation caused the injury. When a drunk driver is convicted of DUI/DWI, you have strong evidence of negligence per se — the drunk driving violation caused your injuries. This can shift the burden onto the defendant to disprove liability rather than requiring you to prove it.
What are punitive damages and can I get them in a drunk driver case?
Punitive damages — also called exemplary damages in some states — are awards designed to punish defendants for willful or reckless conduct. Drunk driving is frequently treated as sufficiently reckless to support punitive damages. This means your recovery can exceed your actual damages. Many states allow punitive damages in DUI accident cases, and they can be substantial.
Can I also sue a bar or restaurant that served the drunk driver?
In many states, yes — through dram shop liability laws. Dram shop laws hold establishments liable for injuries caused by intoxicated patrons they served. Most states require proof that the establishment served someone who was visibly intoxicated. Dram shop cases add an additional defendant with separate insurance, which can significantly increase your total recovery.
What if the drunk driver had no insurance or insufficient coverage?
Your own auto insurance's uninsured motorist (UM) and underinsured motorist (UIM) coverage applies. UM/UIM coverage protects you when the at-fault driver carries no insurance or not enough. Additionally, if dram shop liability applies, the bar or restaurant's liquor liability insurance becomes another source of recovery. An attorney can identify all available coverage.
How long do I have to file a lawsuit after a drunk driving accident?
Statutes of limitations vary by state — typically 2 to 3 years for personal injury claims. Dram shop claims sometimes have shorter deadlines. If a government vehicle or employee was involved, special claims processes with very short deadlines (30–180 days) may apply. Contact an attorney immediately — do not wait for the criminal case to resolve.
Does the drunk driver's criminal case affect my civil claim?
Yes, favorably. A DUI/DWI conviction can be introduced as evidence in your civil case and supports a finding of negligence per se. Even a guilty plea helps your civil case. However, the criminal process moves slowly. Your attorney can file your civil claim in parallel and use criminal case evidence as it becomes available.
What damages can I recover from a drunk driver?
Recoverable damages include: all medical expenses (past and future), lost wages and loss of earning capacity, physical pain and suffering, emotional distress and mental anguish, permanent disability and disfigurement, property damage, and where state law allows, punitive damages. Wrongful death cases allow survivors to recover funeral expenses, loss of financial support, and loss of companionship.
What should I do right after a drunk driving accident?
Call 911 immediately — a police report and field sobriety test are critical evidence. Accept medical care at the scene. Photograph everything you can safely photograph. Collect witness contact information. If the driver was charged with DUI at the scene, note the officer's name and badge number. Do not speak to the drunk driver's insurance company without an attorney.
How long do drunk driver civil cases typically take?
Cases with clear DUI conviction and documented injuries often settle within 6 to 18 months. More complex cases — disputed liability, severe injuries, dram shop claims, uninsured defendants — may take 2 to 4 years. Cases that go to trial take longer but often result in larger verdicts, especially where punitive damages are available.
What if the drunk driver died in the accident?
You file claims against the drunk driver's estate and their insurance policy, which remains in effect after death. Coverage does not expire with the policyholder. An attorney can open a claim against the estate and pursue all available insurance sources, including your own UM/UIM coverage if the driver's policy limits are insufficient.
Punitive Damages Available
Drunk driving is often treated as reckless conduct supporting punitive damages — meaning your recovery can exceed your actual medical and lost wage damages.