What to Do When Hit by a Drunk Driver — Complete Guide 2026
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Being hit by a drunk driver is one of the most traumatic experiences a person can go through. One moment you are going about your day, the next your life has been turned upside down by someone who made a reckless and illegal decision to get behind the wheel while intoxicated.
If you or a loved one has been hit by a drunk driver, the shock, pain, and confusion you are feeling right now is completely normal. But the steps you take in the hours and days immediately following the accident will directly determine whether you receive the full compensation you deserve — or walk away with far less than your case is worth.
This guide walks you through exactly what to do step by step after being hit by a drunk driver.
Why Drunk Driver Accidents Are Different From Regular Car Accidents
- Drunk driving accidents are legally different from ordinary car accidents, and this difference works in YOUR favor. To understand the full picture of your rights, read our complete guide on what a personal injury lawyer does and how they can help you →
- Criminal liability runs alongside civil liability. When a drunk driver hits you , they face both criminal charges from the state AND a civil personal injury lawsuit from you. Even if the drunk driver is never convicted — you can still win your civil case and receive full compensation.
- Punitive damages are available. In ordinary car accident cases you can recover compensatory damages, medical bills, lost wages, pain and suffering. In drunk driving cases, courts can also award punitive damages designed to PUNISH the drunk driver. These can add tens of thousands, sometimes hundreds of thousands of dollars to your total recovery.
- Your attorney has more leverage. Because of the criminal element and the availability of punitive damages, experienced DUI accident attorneys can negotiate from a much stronger position. Learn more about how personal injury attorneys are paid and why it costs you nothing →
Stay at the accident scene until police arrive and take a report. Leaving can complicate your legal claim.
Document their behavior calmly. An intoxicated person can be unpredictable. Keep your distance and wait for police.
This includes your own insurance company in some situations. Speak to an attorney first.
Initial offers in drunk driving cases are almost always far below the true value — particularly when punitive damages are not included.
Insurance adjusters monitor social media accounts of claimants. Any post showing physical activity can be used to minimize your injury claims.
Evidence disappears fast. Bar surveillance footage is overwritten within days. Breathalyzer and blood test results need to be properly preserved. Act immediately.
Step 1 — Call 911 Immediately
The very first thing you must do — even before checking on anyone else — is call 911.
This is not just about getting medical help. In a drunk driving accident a police report is absolutely critical evidence. Police officers who respond to the scene will:
- Conduct field sobriety tests on the other driver
- Administer breathalyzer or blood alcohol tests
- Document their observations of the driver’s impairment in the official report
- Note the smell of alcohol, slurred speech, bloodshot eyes, and other signs of intoxication
- Potentially arrest the driver on scene for DUI
The police report documenting the driver’s intoxication becomes one of the most powerful pieces of evidence in your civil lawsuit. Without it — proving the driver was drunk becomes significantly harder.
Never let the drunk driver convince you not to call the police. No matter how apologetic they are — no matter what they offer you on the spot — always call 911 and always wait for police to arrive.
Step 2 — Get Medical Attention Immediately
Even if you feel fine right now — get medical attention immediately after the accident.
This is one of the most critical and most misunderstood steps. Adrenaline is a powerful hormone that masks pain. Many serious injuries — including whiplash, concussions, traumatic brain injuries, herniated discs, and internal bleeding — do not present their full symptoms until 24 to 72 hours after the accident.
What happens if you skip medical treatment: The drunk driver’s insurance company will use any gap in medical care as ammunition to argue that your injuries were not caused by the accident — or were not serious enough to warrant significant compensation. This argument has worked against countless accident victims who felt okay at the scene and decided to wait.
What to tell the doctor: Tell them you were in a car accident. Describe every symptom — even minor ones. Mention that you were hit by a drunk driver. Request a full examination and make sure everything is documented in your medical records.
Keep every receipt. Emergency room visits, ambulance fees, prescriptions, follow-up appointments, physical therapy — all of these are compensable damages in your lawsuit.
Step 3 — Document Everything at the Scene
If you are physically able — document the scene as thoroughly as possible before anything is moved or cleaned up.
Use your phone to photograph:
- The damage to your vehicle from multiple angles
- The damage to the drunk driver’s vehicle
- The drunk driver’s license plate
- The position of both vehicles after the crash
- Skid marks and road conditions
- Traffic signs and signals in the area
- Any visible injuries on your body
- The drunk driver’s demeanor if safely possible — bloodshot eyes, unsteady stance
- Any open containers or alcohol visible in the other vehicle
- The overall accident scene from multiple angles
Write down everything you remember immediately:
- The exact time and location of the accident
- The direction both vehicles were traveling
- What you saw the other driver doing before the crash
- Any witnesses and their descriptions
- Everything the drunk driver said to you at the scene
These notes become evidence. Memory fades quickly after trauma. Writing everything down within the first few
Step 4 — Get Witness Information
If there were any witnesses to the accident, get their contact information immediately.
Witness testimony is powerful in drunk driving cases. An independent witness who saw the other driver swerving, running a red light, or behaving erratically before the crash can corroborate your account and significantly strengthen your case.
Ask for:
- Full name
- Phone number
- Email address
- What they saw
Do not assume the police will collect this information for you. Get it yourself.
Step 5 — Exchange Information With the Drunk Driver
Exchange the following information with the other driver — but say as little as possible while doing so:
- Full name and address
- Driver’s license number
- Vehicle insurance information — company name and policy number
- Vehicle registration information
- License plate number
What NOT to say at the scene:
- Do not apologize or say anything that could be construed as admitting fault
- Do not discuss the details of the accident beyond what is legally required
- Do not agree to handle things without involving insurance companies
- Do not accept any cash offers from the drunk driver to settle on the spot
Step 6 — Do NOT Speak to the Insurance Company Without an Attorney
Within 24 to 48 hours of the accident — the drunk driver’s insurance company will likely contact you. They will be friendly. They will seem sympathetic. They may offer you a settlement that sounds reasonable.
Do not speak to them. Do not accept anything. Do not sign anything.
Here is what is actually happening when they call: their job is to minimize what they pay you. The faster they can get you to accept a settlement and sign a release — the less money they have to pay. Once you sign — your case is closed permanently. You cannot go back for more money even if your injuries worsen.
What to say when they call:
“I have retained an attorney. Please direct all communications to my attorney.”
Even if you have not yet spoken to an attorney — say this. It stops the conversation immediately and protects your rights.
Step 7 — Contact a Drunk Driving Accident Attorney Immediately
This is the most important step on this entire list.
Drunk driving accident cases involve unique legal elements — punitive damages, criminal proceedings running parallel to your civil case, and insurance companies who know the liability is clear and will try to settle fast and cheap. You need an attorney who specifically handles DUI accident cases from day one.
Here is what an experienced drunk driving accident attorney will do for you:
Preserve critical evidence immediately. Your attorney can send a spoliation letter requiring the drunk driver, their employer if applicable, and any relevant establishments to preserve all evidence — including bar receipts, surveillance footage from the establishment where they were drinking, and the vehicle’s black box data.
Investigate every source of compensation. Beyond the drunk driver’s auto insurance — there may be additional sources of compensation including:
- The drunk driver’s personal assets
- Dram shop liability — the bar or restaurant that over-served the driver
- Your own uninsured or underinsured motorist coverage
- Umbrella insurance policies
Fight for punitive damages. Most accident victims do not know they are entitled to punitive damages in drunk driving cases. An experienced attorney will ensure these are included in your claim.
Handle all communications. Once you have an attorney — you never speak to any insurance company again. All negotiations go through your lawyer.
Dram Shop Laws — Can You Sue the Bar That Served the Drunk Driver?
Many people do not know this — but in many states you can sue the bar, restaurant, or establishment that over-served the drunk driver in addition to suing the driver themselves.
These are called Dram Shop Laws and they exist in most states including Texas, Florida, and Georgia.
Texas Dram Shop Law: Under the Texas Alcoholic Beverage Code — an establishment that serves alcohol to a person who is “obviously intoxicated” can be held liable for damages caused by that person after leaving the establishment.
Florida Dram Shop Law: Florida allows dram shop claims when an establishment willfully and unlawfully serves alcohol to a minor or knowingly serves a person who is habitually addicted to alcohol.
Georgia Dram Shop Law: Georgia allows claims against establishments that sell alcohol to someone who is noticeably intoxicated knowing they will soon be driving.
Why this matters: Bars and restaurants typically carry much larger liability policies than individual drivers. Adding a dram shop claim can significantly increase your total available compensation — sometimes by hundreds of thousands of dollars.
Your attorney will investigate whether the drunk driver was at an establishment before the crash and whether a dram shop claim is available in your case.
How Much Is a Drunk Driving Accident Settlement Worth?
Drunk driving accident settlements are consistently among the highest in personal injury law — for two key reasons:
| Injury Severity | Typical Settlement Range |
|---|---|
| Minor injuries — soreness, minor whiplash | $15,000 — $50,000 |
| Moderate injuries — whiplash, soft tissue | $50,000 — $150,000 |
| Serious injuries — fractures, back injuries | $150,000 — $500,000 |
| Severe injuries — spinal cord, TBI | $500,000 — $2,000,000+ |
| Wrongful death caused by drunk driver | $1,000,000 — $10,000,000+ |
How Long Do You Have to File a Drunk Driving Injury Claim?
| State | Statute of Limitations |
|---|---|
| Texas | 2 years from date of accident |
| Florida | 2 years from date of accident |
| California | 2 years from date of accident |
| Georgia | 2 years from date of accident |
| New York | 3 years from date of accident |
Frequently Asked Questions
Can I sue a drunk driver even if they were not convicted of DUI?
Yes. Your civil personal injury case is completely separate from the criminal DUI prosecution. The standard of proof in civil cases is much lower. An acquittal in criminal court does not prevent you from winning your civil lawsuit.
What if the drunk driver has no insurance?
You still have options. Your own uninsured motorist coverage may apply. A dram shop claim against the establishment may provide additional compensation. An attorney can identify every available source of recovery. Learn more about what happens if the other driver has no insurance →
How long does a drunk driving accident case take?
ou may still be entitled to significant compensation. Most states use comparative negligence rules. The drunk driver’s impairment will typically bear the vast majority of fault. Read our full guide on whether you can sue if you were partially at fault →
What if I was partly at fault for the accident?
How long does a drunk driving accident case take?
Many cases settle within 6 to 18 months. For a full timeline breakdown — read our guide on how long a personal injury case takes →
Is LawyerHelpNow a law firm?
No. LawyerHelpNow is not a law firm and does not provide legal advice. We are a free service that connects accident victims with qualified personal injury attorneys at no cost. An attorney-client relationship is formed only between you and the attorney you choose to retain.
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You did not deserve what happened to you. The drunk driver made a reckless illegal choice — and you are paying the price. You deserve justice, full compensation, and an attorney who will fight for every dollar.