Being injured by a drunk driver is one of the most infuriating situations a person can face. The harm was entirely preventable. The negligence is obvious. And yet, injured victims regularly walk away with far less than they deserve because of decisions made in the aftermath that undermined their own claims.
Our associates at Andersen & Linthorst handle drunk driving injury cases with an understanding of how distinctly different they are from standard car accident claims. A drunk driving accident lawyer working on one of these cases will tell you that the legal landscape opens up in ways most victims don’t realize, and that missing those opportunities is both common and entirely avoidable. Here is where people go wrong.
Assuming the Criminal Case Handles Everything
It doesn’t. The criminal prosecution of a drunk driver and your personal injury claim are entirely separate proceedings with separate purposes. The criminal case is brought by the state to punish the offender. Your civil claim is brought by you to recover compensation.
A conviction in the criminal case can support your civil claim, but it doesn’t automatically produce compensation. You have to pursue that independently, within your own legal timeline, through your own process.
Not Exploring Dram Shop Liability
This is the most commonly missed opportunity in drunk driving cases, and it can significantly increase the available compensation.
Most states have dram shop laws holding establishments liable when they serve alcohol to someone who is visibly intoxicated and that person subsequently causes injury to a third party. If the driver was drinking at a bar, restaurant, or other licensed establishment before the accident, that establishment may share legal responsibility for your injuries.
According to the National Conference of State Legislatures, the majority of states have enacted dram shop liability statutes, though the specific standards for establishing liability vary. An injury attorney should investigate the driver’s pre-accident activity as a routine part of case development.
Not Pursuing Punitive Damages
Drunk driving is not merely negligent. It’s reckless. And reckless conduct opens the door to punitive damages in many states, which are damages awarded not to compensate the victim but to punish the defendant and deter similar behavior.
Punitive damages can substantially increase the total recovery in a drunk driving injury case. They don’t apply automatically, and the standards vary by jurisdiction. But failing to explore them means leaving a category of compensation entirely off the table without even asking whether it’s available.
Focusing Only on the Driver’s Insurance Policy
The at-fault driver’s liability policy is the obvious starting point. It’s rarely the complete picture.
Additional sources of compensation that are routinely overlooked include:
- Your own underinsured motorist coverage, if the driver’s policy limits don’t cover your full damages
- Dram shop liability coverage carried by a bar or restaurant that over-served the driver
- The driver’s employer’s commercial policy, if the driver was working at the time
- Any umbrella policy carried by the driver beyond their primary coverage
According to the Insurance Information Institute, drunk driving accounts for a substantial portion of traffic fatalities annually, and the financial consequences to victims often exceed what a single auto liability policy can cover. Identifying every available coverage source from the start is not optional in these cases.
Giving a Recorded Statement Before Fully Understanding Your Rights
Even in a case where liability seems obvious, the other driver’s insurer is not on your side. They will look for ways to share fault, minimize injury severity, or reduce the claim’s value.
Giving a recorded statement before speaking with an injury attorney gives them tools they can use against you, even in a case with an intoxicated driver and a clear police report.
Underestimating Long-Term Damages
Drunk driving accidents frequently involve high-speed impact and serious injury. Fractures, traumatic brain injuries, spinal damage, and internal injuries are all common. According to the CDC, drunk driving kills tens of thousands of people in the United States each year and injures hundreds of thousands more, often causing injuries with lasting consequences.
Settling before the full picture of long-term medical needs, earning capacity, and quality of life impact is established means permanently accepting less than the injury warrants.
If you’ve been injured by a drunk driver and you want a clear picture of every legal option available to you, we encourage you to connect with a personal injury law firm before making any decisions about your claim.