Being hit by a drunk driver is traumatic, and the physical, emotional, and financial damages can be disastrous. While it might appear the drunk driving case is open and shut, that’s not necessarily so when it’s a civil lawsuit.
Holding the driver accountable and receiving the compensation you are entitled to requires a solid legal case backed by irrefutable evidence. Filing a lawsuit after a drunk driving accident is not simply a matter of pointing to the criminal charges; it is a matter of proving liability, documenting your injuries, and negotiating through insurance or court.
Regardless of whether you are seeking compensation for medical bills, lost income, or pain and suffering, here’s how to build a strong case against a drunk driver.
Table of Contents
Start with Gathering Evidence Right Away
The stronger your evidence, the better your chances of a successful outcome. After the accident, if you’re able, gather as much information as possible:
- Police report: This is one of the most critical pieces of evidence. It will also most often videotape the driver’s behavior, BAC (blood-alcohol concentration), and whether anyone was arrested.
- Photographs and videos: Get a photo of where the accident took place, damage to the vehicle, injury incurred, road damage, and anything else that can document what happened.
- Witness statements: Get the names and contact details of everyone who witnessed the accident. The witnesses will be able to verify the drunk driver’s actions before and after the accident.
If you were unable to obtain these items when you needed them, your attorney can still get them legally through the means of subpoenas and public documents.
Use the Criminal Case to Strengthen Your Civil Claim
If the driver was arrested or charged with DUI, that criminal case can help support your civil lawsuit. A conviction or guilty plea is robust evidence that the driver was negligent. But even if they were acquitted, you can still file a civil case and potentially win.
That’s because civil cases require a lower burden of proof than criminal ones. You don’t need to prove guilt “beyond a reasonable doubt”—you only need to show that the driver was likely at fault based on the evidence.
Prove the Full Impact of Your Injuries
To recover the compensation you deserve, you’ll need to show how the crash affected your life. This includes:
- Medical records: Show the treatment you received, your diagnosis, and any future care you’ll need.
- Bills and receipts: Keep a record of every expense tied to the accident, from ambulance rides to prescriptions.
- Lost income: If your injury caused you to miss work or affected your ability to earn in the future, document it.
- Pain and suffering: Emotional trauma, PTSD, or lifestyle changes due to the accident can also be included, but you may need expert evaluations to prove it.
Work With an Attorney Experienced in DUI Injury Cases
These types of cases can get complicated fast. A personal injury attorney who’s handled drunk driving claims can help you gather evidence, negotiate with insurance companies, and take the case to court if necessary. They’ll also make sure you meet deadlines, such as the statute of limitations in your state.
Many work on contingency, which means they only get paid if you win or settle, so you can focus on healing while they handle the legal fight.
Consider Suing Third Parties If Applicable
Sometimes, more than just the driver is responsible. Depending on your state’s laws, you might also have a case against:
- Bars or restaurants (under dram shop laws) that overserved the drunk driver
- Social hosts who provided alcohol at a party or event
- Employers, if the driver was working or driving a company vehicle
These third-party claims can help you recover more compensation, especially if the driver’s insurance doesn’t cover all your losses.
