Drunk Driving Accidents: Frequently Asked Questions From Victims

If youve been involved in an auto accident with a drunk driver you may have questions about what your legal rights are. Weve attempted to answer some of the most frequently asked questions about drunk driving and auto accidents in this article.

What do I do if Im involved in a car accident with a drunk driver?
If you are injured in the accident, get medical attention immediately. You should call the police and get a copy of the police report as well as the names and contact information of any witnesses if they arent included on the police report. In addition, as soon after the accident as possible, write down what happened in the accident. Memories fade so the sooner you write down your version of what happened, the better.

Do criminal actions against the drunk driver have to be settled before I can bring a claim against the drunk driver?
No, you and your attorney can file a civil suit before the criminal actions against the drunk driver are finished. If youve been injured by a drunk driver and want to file a claim against them, its best not to wait.

Can other people sue the drunk driver even if they werent involved in the accident?
Yes, if a family member was killed in an auto accident involving a drunk driver you may be eligible to file a claim against the drunk driver. In many states, close family members who were witnesses to the accident may also file a claim.

I was hit by a drunk driver who had just left a bar. Can I sue the bar?
Sometimes a bar or vendor who supplied the alcohol to an already intoxicated person can be held liable for the accident. Many states have dram shop acts, or alcoholic beverage control laws that state under what circumstances a bar or other vendor can be held liable for if they served alcoholic beverages to an intoxicated person and then that person caused an accident. If your state has no such laws, then common law negligence laws may apply.

Is there a time limit to filing a claim against a drunk driver who caused an accident?
Every state has a statute of limitations that limits the amount of time you have to file a claim against the drunk driver to recover damages. The statute of limitations varies from state to state, so you may want to consult with a qualified personal injury attorney as soon after the accident as possible.

Are punitive damages available in drunk driving auto accidents?
In many cases punitive damages are available as a result of a drunk driver causing an accident. Punitive damages are meant to punish the offender and to serve as a warning to other people not to commit the same act.