Hit by a Drunk Driver? Your Rights, Explained

The short answer. If you were hit by a drunk driver, you have rights in two separate systems. The criminal case punishes the driver; it does not pay your bills. Your civil claim does: it can recover medical costs, lost income, and pain and suffering from the driver's insurance — and, in many states, punitive damages because drunk driving is more than negligence. Your own uninsured/underinsured coverage may also respond, which matters because drunk drivers are often underinsured.

Two cases, two jobs

The prosecutor's case protects the public and can send the driver to jail. It will not pay your medical bills. Your civil case is the only one that compensates you — and it moves on its own schedule, often settling before the criminal case ends.

What you can recover

  • Economic damages: medical bills, future treatment, lost wages, and reduced earning capacity.
  • Non-economic damages: pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive damages: in many states, drunk driving justifies extra damages meant to punish the driver — amounts vary widely by state and facts.

The insurance problem no one expects

Drunk drivers frequently carry minimum coverage — sometimes none. That is why your own uninsured/underinsured motorist coverage is often the real source of recovery. Check your policy declarations page the day after the crash.

Beyond the driver

In some states, a bar or host that served a visibly intoxicated person can share liability under dram shop laws. State rules differ sharply, and the facts must be specific — but if alcohol service is part of your story, say so in a consultation.

Bottom line

The criminal case gives justice; the civil case gives recovery. Protect both from day one: keep every record, and know your own UM/UIM coverage.

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Questions people also ask

Will the drunk driver's insurance pay if they were committing a crime?

Generally yes — liability insurance still responds to accidents caused by the insured's drunk driving, though policy limits apply. If the driver has no insurance, your uninsured-motorist coverage steps in.

Can I get punitive damages in every state?

No. Availability, standards of proof, and caps vary by state. In many states drunk driving meets the standard for punitive damages; an attorney in your state can tell you whether they are available in your case.

Sources

This page is general information, not legal advice. Kazaam is a marketing / lead-connection service, not a law firm, and submitting a form does not create an attorney-client relationship.