A drunk driving crash runs on two tracks that do not depend on each other. The state prosecutes the driver, and separately you bring a civil claim for your injuries. Understanding that they are separate saves a lot of confusion, because people often wait for the criminal case to finish and assume it will pay them. It usually does not.
At the scene
- Call 911 and say you believe the driver has been drinking. That gets the right response and puts it in the record from the first minute.
- Do not confront the driver. People who have been drinking behave unpredictably, and anything you say can end up in a report.
- Photograph the scene as you would any crash, and note anything you observed yourself: slurred speech, unsteadiness, open containers, the smell of alcohol.
- Get witness names. In these cases witnesses matter more than usual, because what the driver looked like at the scene becomes an issue later.
- Get medical care, and tell them you were in a crash.
The criminal case and your claim
The criminal case is brought by the state, and you are a witness in it, not a party. Its purpose is to punish, not to compensate you. A conviction can help your civil claim as evidence, but you do not have to wait for it, and the deadline for your own claim keeps running while the prosecution takes its course.
The standard of proof is also different. A driver can be acquitted and still be liable to you, because a civil claim is decided on the balance of probabilities rather than beyond reasonable doubt.
Victim restitution
A criminal court can order the driver to pay restitution, usually for out-of-pocket losses like medical bills. It is worth asking the prosecutor’s victim services office about it. Restitution rarely covers the full value of a serious injury, and it does not replace a civil claim, but it is real money and it does not cost you anything to pursue.
Punitive damages
Most injury claims pay compensatory damages only, which put a number on what you actually lost. Drunk driving is one of the situations where punitive damages may also be available, because the conduct goes beyond ordinary carelessness. These are meant to punish and deter rather than compensate.
Two practical points. Many states cap punitive damages or set a high standard of proof for them, and many insurance policies exclude them, which means a punitive award may have to come from the driver personally. Whether they are worth pursuing depends on your state and on what the driver has. See damage caps by state.
Dram shop liability
Many states allow a claim against a bar, restaurant or shop that served a visibly intoxicated person or served someone underage, and some extend it to social hosts. This matters because a business usually carries liquor liability insurance, which may be the difference between a claim worth pursuing and one against a driver with minimum coverage.
These rules vary a great deal between states, including who can bring the claim and how quickly notice must be given. Act early: the receipts, card records and staff memories that prove over-service do not survive long.
Insurance limits and UIM
Drunk driving crashes tend to cause serious injuries, and the at-fault driver often carries minimum coverage. When the damage exceeds their limits, your own underinsured motorist coverage becomes central. Check your declarations page for UIM, and read hit by an uninsured driver, which covers how those claims work.
Every state sets a deadline for filing. See filing deadlines by state.
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Frequently asked questions
Should I wait for the criminal case before filing my claim?
No. The deadline for your civil claim keeps running regardless of what the prosecution is doing, and criminal cases can take a long time. A conviction can be useful evidence, but your claim does not depend on one, and you can usually proceed in parallel.
Can I claim if the driver was acquitted?
Yes. The two cases use different standards of proof. A criminal conviction requires proof beyond reasonable doubt, while a civil claim is decided on the balance of probabilities, so a driver who is acquitted can still be liable to you.
Can the bar that served the driver be held responsible?
In many states, yes. Dram shop laws allow claims against a business that served someone visibly intoxicated or underage, and some states extend this to social hosts. The rules and the notice deadlines vary considerably by state, so get advice early while the evidence still exists.
What are punitive damages and will I get them?
They are damages meant to punish rather than compensate, and drunk driving is one of the situations where they may be available. Whether they apply depends on your state's standard, many states cap them, and many insurance policies exclude them, so they may only be collectable from the driver personally.
This guide is general information, not legal advice. Laws change and every case is different. Talk to a licensed attorney about your situation.