How A Drunk Driving Accident Lawyer Helps Victims (2025)

Sarah Edwards's profile picture

Sarah Edwards

Contributor

Adam Ramirez, J.D.'s profile picture

Reviewed By Adam Ramirez, J.D.

Editor

Read in 4 mins

Summary

  • Courts determine liability for car accidents based on negligence
  • Drunk drivers and those who served them may be liable for crash injuries
  • A drunk driving accident lawyer helps accident victims pursue compensation

Every state has laws to punish driving while under the influence of drugs or alcohol, also called DUI. These laws are meant to prevent drunk driving crashes. Drivers with a blood alcohol content (BAC) of 0.08% are four times more likely to crash than sober drivers. When their BAC rises to 0.15%, they become 12 times more likely to crash.

Impaired driving accidents can cause injury and death. Fortunately, drunk driving fatalities have fallen significantly since record-keeping began in 1982. Despite this drop, over 13,500 motorists, pedestrians and cyclists died in drunk driving crashes in 2022 alone. These deaths accounted for 32% of all traffic fatalities in the U.S. that year.

Victims of drunk driving accidents and their families have several options for recovering financial compensation for their losses. A drunk driving accident lawyer can help victims and their families identify potentially liable parties and pursue claims against them.

ConsumerShield helps victims and families understand their rights and find legal representation. Contact us for a free case evaluation and a lawyer referral.

Free DUI Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

Consequences of Impaired Driving Crashes

Impaired driving is a crime. Every state has a legal alcohol limit of 0.08%. The only exception is Utah, which has a lower limit of 0.05%. What happens when you get a DUI? Driving with a BAC over the legal limit can result in jail time, fines and a driver’s license suspension.

If the driver causes an accident, many states issue them a harsher criminal punishment. Drivers who injure or kill motorists, pedestrians or cyclists may face charges for vehicular assault or homicide, even for a DUI first offense.

In addition to criminal punishment, a driver also faces civil liability for any injuries and property damage caused by a collision. The liability for traffic accidents is determined using negligence principles.

Negligence is a legal doctrine that allows victims to hold parties responsible for unintentional injuries. Thus, victims do not need to prove the drunk driver intended to harm them. Instead, they only need to show that the driver acted in an objectively careless way.

If a drunk driving accident lawyer successfully proves negligence, the drunk driver is responsible for the victim’s economic and non-economic losses. These include damages for things like medical expenses, lost income and pain and suffering.

How a Drunk Driving Accident Lawyer Helps

You probably need resources to help you deal with your injuries after getting hit by a drunk driver. An accident claim can give you that compensation.

Insurers typically do not cover losses from criminal acts by their policyholders. For example, suppose that a driver hits your car while fleeing from the police. Their insurer might deny coverage because auto insurance only covers negligent rather than intentional acts.

However, drunk driving is different. Auto insurance companies will cover liabilities from drunk driving in most states since these crashes do not result from intentional acts. However, insurers do not arrive at this conclusion easily. You might need a lawyer to fight the drunk driver’s insurer for accident compensation.

Since insurers are often liable for losses due to drunk driving crashes, they check driving records before issuing policies. Thus, if the person has a history of drunk driving, they might not have insurance. Insurers also usually decline policies for drivers who have prior DUI convictions.

A lawyer can look for other parties to pursue after an uninsured drunk driver hits you. Dram shop laws broaden who your lawyer can hold responsible for drunk driving. These rules impose legal liability on businesses that serve alcohol to impaired customers.

In other words, a business is supposed to cut off customers when they have become impaired. If it fails to do so, it becomes liable for any intoxicated driving crashes the customer causes.

Although dram shop laws do not necessarily apply to private party hosts, a lawyer might uncover evidence to hold them responsible as well. Negligence means someone failed to exercise reasonable care. A party host who knows their guest is too drunk to drive might have a legal duty to stop serving them, take their keys and call for a ride.

Free DUI Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

Finding a Drunk Driving Accident Attorney

Most personal injury attorneys handle drunk driving accident claims. As a result, searching online for a “drunk driving accident lawyer near me” will probably produce many results. To narrow your choices, consider taking the following steps:

  • Ask family members and acquaintances for injury lawyer recommendations.
  • Read verified reviews on online legal directories.
  • Contact a lawyer referral service like ConsumerShield.

After you identify some possible candidates, schedule initial consultations. Injury lawyers often offer free consultations. Use these meetings to find the best drunk driving accident lawyer for your case.

During your consultation, explain your situation and ask about the lawyer’s experience with drunk driving accidents. Experienced lawyers often have creative solutions for getting full and fair compensation for your injuries.

Contact ConsumerShield For Help After Your Accident

Drunk driving takes a heavy toll on victims. ConsumerShield educates victims and their families about their legal situations. We also help them find legal representation. Contact us for a free case evaluation and a lawyer referral.

Free DUI Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

DUI Knowledge Base

Read the latest information on DUI and find answers to your questions. Currently there are 22 topics about DUI .

Frequently Asked Questions

  • You can always represent yourself in a claim after a drunk driving accident. However, the stakes are usually high since you have medical bills and other expenses to pay for. Consider hiring a drunk driving accident attorney when the insurer denies your claim or the intoxicated driver is uninsured.

  • Although drunk driving is a criminal act, most auto liability policies will pay for crashes caused by drunk drivers. Drunk driving usually does not require criminal intent. As a result, state laws typically treat an impaired driver’s actions as negligence that falls within the scope of their insurance coverage.

  • The liability for drunk driving accidents is determined using negligence principles. The driver who failed to exercise reasonable care must compensate any victims for their losses. A drunk driver could be a victim if someone else negligently hits them. But in most cases, the impaired driver caused the crash.

  • If the driver became intoxicated at someone else’s home or business, you might have a claim against those who served them. A bar, restaurant or party host can be liable if they knew or should have known the driver was too impaired to drive and failed to stop them.

More About DUI

Stay up to date

Get updates on all of our legal news on lawsuits, research and legal updates.