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Were you hit by a drunk driver?

We are sorry this happened to you. You are not alone, and you do not have to figure this out by yourself.

Are you in an emergency right now?

  • Check yourself and others for injuries, breathing, and bleeding.
  • Call 911 if anyone is hurt or the road is not safe.
  • Move away from traffic if you can do it safely.
  • Get medical care even if you feel fine. Some injuries hide for days.
  • This page is for after you are safe.

This page covers drunk driving claim deadlines and what to do right now. We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

Impaired driving remains one of the most common causes of serious crashes in the country. In 2024, 11,904 people died in alcohol-impaired driving crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). A driver with a blood alcohol concentration (BAC) of 0.08, the legal limit in most states, is about 4 times more likely to crash than a sober driver, and that risk climbs to at least 12 times at a BAC of 0.15 (NHTSA).

Why DUI (driving under the influence) crashes can open up extra paths to compensation

A crash caused by a drunk driver is still a personal injury case, but it can carry two features that an ordinary crash usually does not.

Punitive damages. Most injury payouts cover your actual losses: medical bills, lost income, pain, and suffering. In many states, when a driver's conduct was especially reckless, like choosing to drive after heavy drinking, courts can also allow punitive damages. These are extra funds meant to punish the driver and discourage similar conduct, not to cover a specific cost you had. Not every state allows punitive damages in injury cases, and the rules for when they apply vary. This is general information, not a promise that punitive damages apply to your situation.

Dram shop laws. In general terms, many states have laws that can hold a bar, restaurant, or other business that serves alcohol responsible if it kept serving someone who was visibly, obviously intoxicated, and that person then caused a crash. These are usually called dram shop laws (a "dram" was an old unit for measuring a serving of liquor). The specific rules, including who counts as "obviously" intoxicated and what proof is required, are different in every state, and some states do not allow these claims at all.

Because a criminal DUI case against the driver often runs alongside your civil injury claim, the two cases move on separate tracks with separate standards of proof. A criminal conviction is not required for you to pursue a civil claim, and a criminal case not resulting in the sentence you hoped for does not end your civil options.

Rules on punitive damages and dram shop liability vary by state. See our state pages for details, and note that a general car crash claim's basic steps still apply here too.

When it goes wrong: a true story

Drunk driving cases often run on two separate tracks. A criminal case can end with a lighter sentence than a family hoped for, because prosecutors must prove guilt beyond a reasonable doubt on every element of the charge. A separate civil case uses a lower standard of proof and can still hold the driver financially accountable, even after a disappointing criminal outcome.

This is why the criminal and civil systems are separate tools. A disappointing criminal outcome does not mean there is no path to accountability. The system can feel unforgiving to face alone. Talk to an advocate before you rely on the outcome of the criminal case alone.

Talk to an advocate. You do not have to sort out punitive damages and dram shop rules alone.

Protect your case

  1. Talk to an advocate at WeHelpInjured. It is free.
  2. Call the police. An officer-documented suspicion of impairment, or a DUI arrest, becomes important evidence.
  3. Ask how to request the official police and toxicology reports once available.
  4. Photograph the scene, the vehicles, and any visible injuries.
  5. Get contact information for witnesses, including anyone who may have seen the driver before the crash.
  6. Keep every medical bill and missed work record in one folder.
  7. Warning: don't wait! The filing deadline is a trap, and a dram shop claim against a bar or restaurant can carry its own, separate, often shorter clock. People wait, and waiting kills cases. The longer you wait, the fuzzier memories get and toxicology and surveillance records get lost. Talk to an advocate immediately. See our state pages.

Never do these

What we can help with

All of it is free to you. We never take money from injured people.

Talk to an advocate. A drunk driver made a choice that hurt you.

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