A Guide to Drunk Driving Accidents

Drunk drivers cause over 10,000 fatalities each year. This means that a drunk driver kills someone every 39 minutes.

What should you do if a drunk driver hits you or a loved one? This article addresses questions such as determining responsibility, the types of damages you can get in a personal injury lawsuit, and much more.

Before we begin, note that drunk driving accidents often present serious legal issues. Be sure to speak with a personal injury attorney near you to get advice for your unique legal situation.

When Is a Driver Drunk?

In 49 states and the District of Columbia, a driver over 21 is legally drunk when their blood alcohol content (“BAC”) reaches 0.08%. (Utah’s BAC limit is 0.05.) At this point, the police can arrest the driver for driving under the influence (DUI).

The rules for those under legal drinking age are slightly different. Because it is illegal for this group to drink, all 50 states and the District have zero-tolerance laws. These laws lower the legal BAC for underage drunk drivers to anywhere from 0.02% to 0.00%.

How Are Drunk Driving Accidents Different From Other Car Accidents?

A typical car accident involves civil law. A civil case starts when a person or company believes it has been wronged and files a complaint with the court. Civil lawsuits usually end with someone getting money to compensate them for the other person’s bad actions.

Drunk driving accidents also will likely involve the criminal justice system, because the drunk driver will likely also face a DUI charge. Intoxicated drivers found guilty of DUI face punishments that include the loss of driving privileges, fines, and even jail.

Who Can You Sue After a Drunk Driving Crash?

Whether you’re hit by an impaired driver or a sober driver, you should begin by filing an accident claim with the other driver’s insurance company. However, drunk driving accidents often cause severe injuries and property damage that might exceed standard insurance policy limits. If you’re wondering how to get compensation for your medical bills and other costs after a drunk driving accident, there might be several options.

Suing a Drunk Driver After a Drunk Driving Accident

In a negligence case, you must prove that you were injured. You must also show that:

• The at-fault driver owed you a duty to drive carefully
• They ignored that duty, and
• The failure to drive carefully caused your injuries

DUI laws make it clear that every driver has a duty to drive sober. Getting behind the wheel after drinking proves that someone violated that duty.

Suing the Bar That Served the Drunk Driver

You may have a case against the bar that served the intoxicated driver. Forty-two states and the District of Columbia have enacted dram shop laws. A “dram shop” refers to a bar, restaurant, or other establishment selling alcohol. Dram shop laws allow people hurt by drunk drivers to sue the businesses that sold the alcohol to the driver.

Dram shop laws differ from state to state, but most states require some proof of negligence. Usually, this comes through evidence that the bar or restaurant continued serving a drunk patron or served alcohol to someone under 21.

Suing the Party Host Who Served the Drunk Driver

People often drive intoxicated to get home after leaving parties. To address this issue, many states have passed social host laws. These laws let people injured in drunk driving accidents to sue party hosts. In some states, these laws only apply when a host serves alcohol to someone under 21. Other states allow people injured by drunk drivers to sue hosts who continue to serve alcohol to guests who are visibly intoxicated.

Can I Sue on Behalf of a Loved One Who Killed in an Accident?

Two types of claims may apply if a drunk driver kills your loved one. A survivorship action allows you and your family members to recover damages for the physical, economic, and other harms suffered by your loved one. Unlike survivorship, wrongful death lawsuits allow your family to collect damages for the harm that your loved one’s death caused to you.

Each state has different rules for each of these claims. An experienced car accident attorney can help you understand the laws in your jurisdiction.

What if I Was Partly at Fault in the Drunk Driving Accident?

Sometimes, more than one person is responsible for an accident. States use two sets of rules for handling this issue: comparative negligence and contributory negligence. These rules apply even when drunk drivers are involved.

Most states follow comparative negligence rules. In comparative negligence states, a person can still recover damages even if they were partially at fault. However, comparative negligence rules will reduce damages based on how much the person contributed to the accident. So, if a jury awards you $10,000 but also finds that you were 25% responsible for the accident, you would only get $7,500. However, in most comparative negligence states, people who are more than 50% responsible for an accident cannot receive damages.

Contributory negligence rules are much harsher. In these states, a person who is even 1% responsible for causing an accident cannot recover damages. Luckily, only four states use contributory negligence. Also, there are some exceptions to the contributory negligence rules, including gross negligence. Your car accident lawyer might be able to argue that driving drunk amounted to gross negligence in your case.

What Kinds of Damages Can I Get After a Drunk Driving Accident?

Personal injury cases usually involve two types of damages: compensatory and punitive.

Compensatory damages help you get back what you lost in the accident. They can reimburse you for economic costs like medical expenses, lost wages, car repairs, and more. They can also include damages for emotional and psychological harm.

Unlike compensatory damages, punitive damages focus on punishing the person who caused the injuries. They also send a message to others engaging in the same bad behavior.

Punitive damages are not awarded in many cases because the standard for awarding them is very high. However, drunk drivers sometimes engage in behaviors that might meet that standard. A qualified personal injury attorney can help you decide whether punitive damages are an option in your case.

If a Drunk Driver Hits You, Get Legal Help

Drunk driving cases can raise many other issues that require legal advice. If a drunk driver has hit you, you should contact a lawyer near you who handles auto accidents. They can protect your legal rights and interests.