Hit by a Drunk Driver: Victim Rights and Next Steps

Being hit by a driver who was impaired is frightening, and it can raise two separate questions at once. One is what happens in the criminal case against the driver. The other is how to pay for medical care and recover other losses. These are different processes, with different rules, and they can run at the same time. This guide explains the general structure and the steps that help protect your health, your records, and your options.

Two separate processes

A criminal case is brought by the government, usually through a prosecutor's office. It asks whether the driver committed an offense, and the penalty goes to the state. A civil injury claim is brought by the person who was hurt, usually against the driver, the driver's insurer, or another party. It asks who must pay for the harm.

The result of one process does not automatically decide the other. A criminal case may move slowly, and a civil claim may move on a different timeline. Ask a lawyer how the two may affect each other in your state.

Medical care and records

Get medical care right away. Impaired driving crashes often cause serious injuries, and some symptoms take time to appear. Tell the medical staff how the crash happened, so the record is accurate. Keep every medical record, bill, and prescription receipt, and write down missed work and daily activities you can no longer do.

If you were taken to a hospital, ask for copies of the records as they become available. These records are often the foundation of both a criminal case and a civil claim.

Reporting and the criminal case

Make sure the crash was reported to police. Ask for the report number and the officer's name. If the driver was arrested or charged, you may be contacted by a victim advocate or a prosecutor's office. Many states have victim services that explain how the criminal process works and can help with notices about hearings.

You can ask the prosecutor's office for information about the case, and you may have the right to be heard at certain stages, depending on your state. Ask whether there are deadlines for submitting a statement about the effect of the crash on you. The USAGov crime page explains how to report crimes and get support after a crime, and it is a good place to start if you are not sure who to contact.

Restitution, which is money ordered to be paid to a victim as part of a criminal sentence, may be possible in some cases. Its availability and amounts depend on the case and the court, so ask the prosecutor's office how it works.

Civil claims against the driver

A civil claim may be possible against the impaired driver, and in some states, against a business that served alcohol to the driver under certain conditions. These laws, often called dram shop laws, vary widely. Whether they apply depends on the facts and on the state's rules. A lawyer can explain whether any of these routes is relevant to your case.

Your own insurance may also help. Check your auto policy for uninsured or underinsured motorist coverage, and check medical payments or personal injury protection coverage if your state uses it. Your health insurance may cover treatment, though some plans seek repayment from a later settlement.

What to document

Gather the information that is easiest to lose:

1. The police report number and the names of responding officers.
2. Names and contact details for witnesses, including bystanders and people in other vehicles.
3. Photos of the scene, your vehicle, and your injuries.
4. Insurance information for the driver, if you have it.
5. The name of any bar or restaurant that may have served the driver before the crash, if you know it. Do not guess. Only record what you can verify.
6. A short written account of what you remember, made while the details are fresh.

Keep copies of everything you send to a prosecutor's office, an insurer, or a court.

Insurance and settlement questions

Insurers may contact you early. Keep those calls short, and avoid agreeing to a settlement until you understand your full medical situation. Injuries can change over time, and a settlement usually ends the claim.

Read any release carefully before you sign it. Ask a lawyer whether the release would affect any other claim, including claims against a business or another insurer.

Choosing a lawyer

Look for a lawyer who handles personal injury claims and who understands how criminal cases and civil claims can interact in your state. Ask how many impaired driving crash cases they have handled, whether they have worked with local prosecutors, and how they will preserve evidence. Ask how they are paid and get the fee terms in writing. Many personal injury lawyers work on a contingency fee, but terms vary, so read the agreement before you sign. Check the lawyer's license with the state bar.

For an overview of how these claims are handled, see DUI and drunk driving cases and car accident claims.

Free and low-cost help

If you cannot afford a private lawyer, the USAGov legal aid page lists programs that offer free legal advice and help people with low incomes find an attorney. Those programs can help you understand your options, even if they cannot take your case.

Frequently asked questions

Do I need a lawyer to attend the criminal case?

You are generally not required to have a lawyer to attend hearings, but a lawyer can explain your rights and what to expect. Ask the prosecutor's office what notices you will receive.

Can I file a civil claim if the driver is convicted?

A conviction may be relevant to a civil claim, but the rules differ. Ask a lawyer how the outcome of the criminal case may affect your claim.

What if the driver has no insurance?

Check your own uninsured motorist coverage, and ask a lawyer whether a personal claim against the driver is realistic. Collecting from an individual can be slow.

Who should I call first?

Call emergency services if anyone needs medical care, then the police. Notify your insurer when it is practical, and talk with a lawyer before you sign anything.

Related: DUI and drunk driving cases, car accident claims, and guides on legal topics.

General information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.