USATrafficAccidentLawyers.com

Part of the AttorneyDirectories.org Network

  • Find a Lawyer
    • How to Hire a Traffic Accident Lawyer
    • Add a Listing
  • Accident Types
    • Bicycle Accident
    • Cell Phone Caused Accident
    • Drunk Driver Accident
    • Exploding Gas Tank
    • Hazardous Roadways
    • Motor Vehicle Accident
      • ATV Accident
      • Bus Accident
      • Car Accident
        • Defective Automobile Accident
        • Self-Driving Car Accident
        • SUV Rollover Accident
        • What to Expect If You Were Injured in a Car Accident
      • Passenger Van Accident
      • Trucking Accident
    • Intersection Accident
    • Pedestrian Accident
  • Injury Info
    • Auto Accident Injuries
      • Airbag Injuries
      • Defective Seat Belt Injuries
    • Drunk Driver Injuries
    • Hit and Run Injuries
    • Personal Injuries
      • Back and Neck Injuries
      • Brain Injuries
      • Spinal Cord Injuries
    • Pre-existing Injury
    • Wrongful Death
  • Insurance Info
    • Bad Faith Insurance
    • Bodily Injury Liability Coverage Insurance
    • Filing a Lawsuit in No Fault State
    • Insurance Claim Denied?
    • Insurance for Medical Expenses
    • No Fault Insurance
    • Uninsured Accident
  • Resources
    • Blog
    • Comparative Negligence vs. Contributory Negligence
    • Determining Pain and Suffering Damages in a Car Accident Lawsuit
    • National Legal Resources
    • Negligence in a Lawsuit
    • Settling Your Motor Vehicle Accident Claim
    • State Legal Resources
    • Traffic Accident FAQs
    • What are My Potential Damages in a Traffic Accident Case?
  • Contact

What to Do If You are Injured by a Drunk Driver

Car accident victims who are injured by drunk drivers often find it easier to prove their claims than victims of other types of car accidents. Nevertheless, certain complications can arise, particularly if you live in a “no-fault” auto insurance state. Your options depend largely on where the accident occurred.

“Fault” States vs. “No-Fault” States

38 states can be classified as “fault” jurisdictions, while 12 states and the District of Columbia can be classified as “no-fault” jurisdictions. In a “fault” state, you can file a claim directly against a drunk driver’s auto liability insurance policy or, alternatively, you can file a lawsuit directly against the drunk driver. In a no-fault state, you are generally expected to file a claim against your own Personal Injury Protection (PIP) policy, and you cannot file an adversarial insurance claim or a personal injury lawsuit unless you qualify for an exclusion to the “no-fault” restrictions. In particular, the lack of ability to file a lawsuit means you can’t claim damages for “pain and suffering”.

Exclusion from the “No-Fault” Restrictions

If an exclusion applies, even “no-fault” states allow you to claim against the other driver’s insurance carrier or sue the other driver. The exact content of these exclusions vary from state to state; however, a typical exclusion might allow you to escape the “no-fault” restrictions if your medical bills exceed your PIP policy’s coverage limits or if your injuries were “serious” as defined by the applicable state statute. Catastrophic injuries frequently qualify for exclusions.

Summary of Options

If the accident occurred in a “fault” state, you must choose between either filing a claim against the drink driver’s liability insurance policy or filing a lawsuit (or filing a claim and threatening to sue if the insurance company fails to offer an adequate settlement). If the accident occurred in a “no-fault” state, determine whether or not an exclusion applies. If no exclusion applies (or if the accident was “hit and run”), file a claim with your PIP insurance company. If an exclusion does apply, select from the same two options available to you in “fault” states.  

A DUI Convictions as Evidence of Negligence

If the drink driver is eventually convicted of DUI, you will enjoy a reasonably clear path to winning an insurance settlement or a courtroom verdict. Most states will consider the drunk driver’s violation of the DUI law as “negligence per se” (automatic negligence), requiring you to establish only causation and the amount of your damages in order to win a judgment.

Insurance companies know how easy it is to win a personal injury lawsuit against a convicted drunk driver, and they know that sympathetic juries often award out-of-proportion damages to victims, which is why they can be cooperative with a claimant under these circumstances. For this reason, if the driver is convicted of DUI, you should consider filing a claim against the drunk driver’s insurance company (assuming you are not barred from doing so by no-fault rules).

“Preponderance of the Evidence” vs. “Beyond a Reasonable Doubt”

What if the drunk driver is acquitted of DUI or plea bargains his way into a reduced charge? Even then, all is not lost by any means. Since the standard of proof required for a criminal conviction is the stringent “beyond a reasonable doubt” standard, and since the standard of proof required to win a civil lawsuit is the much more relaxed “preponderance of evidence” standard (a 51% likelihood), you can still win a lawsuit against a drunk driver even if he is acquitted in criminal court.

Injuries caused by drunk drivers can raise complex and ambiguous legal issues that require the assistance of a personal injury attorney to adequately resolve. For that reason, if you or a loved one has been seriously injured by a drunk driver, retaining an experienced personal injury lawyer is usually the first thing to do after receiving medical treatment.

Find an Attorney In Your Area


Drive Safely in Winter Conditions

Snow, ice, rain, sleet, many hours of dark – winter in certain parts of the country can throw a lot at motorists. It’s a good idea to plan accordingly … [Read More...]

What are the Most Common Injuries in a Car Accident?

Millions of people are injured in motor vehicle accidents in the United States annually. The vast majority of these injuries are non-lethal, but they … [Read More...]

How Important are Seat Belts?

Seat belts are absolutely essential to reducing the severity of injuries in a motor vehicle accident. While the vast majority of people in America … [Read More...]

Copyright © 2025 Altrumedia, LLC · Site Map · Log in