Las Vegas Office: (725) 900-9000 Washington Office: (360) 200-0000
Van Law Firm
  • About Us
    • Attorneys
    • Sandy Van
    • Angela J. Campos
    • Burke Huber
    • Annual Scholarship
  • Practice Areas
    • Motor Vehicle Accident
    • Wrongful Death
    • Workers’ Compensation
    • Uninsured And Underinsured Accidents
    • Personal Injury
    • Product Liability
    • Bad Faith Insurance Claims
    • Camp Lejeune Lawsuit
    • Nursing Home Abuse
    • Las Vegas Defective Drugs and Medical Devices
    • Sexual Abuse
    • Mass Torts
    • Zantac
    • Truck Accident
    • Swimming Pool Injury
  • Testimonials
  • Blogs
    • FAQs
    • Videos
  • Contact Us
  • Locations
    • Las Vegas Office
    • Washington Office
    • View All Locatoins
Get My Free Consultation
(725) 900-9000

Home » Blogs » Drunk Driving Accidents » What Happens if A Drunk Driver Hit Me?

What Happens if A Drunk Driver Hit Me?

drunk driving

There is no question that drunk driving is both foolhardy and dangerous. Inebriated motorists risk not only their own lives but also the lives of everyone else on the road.

Drunk driving ranks among the leading causes of fatal motor vehicle accidents in the United States. The Centers for Disease Control and Prevention (CDC) estimates that driving under the influence of alcohol causes a fatality every 50 minutes. Back in 2016, the National Highway Traffic Safety Administration (NHTSA) estimated that drunk driving crashes claimed 29 lives per day.

When the general public ponders the legal consequences of drunk driving, criminal sanctions probably come to mind. What many people may not consider is that accident victims can also sue the drunk drivers responsible for the collisions in which they were hurt.

Can I sue in any state?

The ability to sue a drunk driver in a personal injury case is not necessarily universal. This is because some states have so-called no-fault laws. These are:

  • Florida
  • Michigan
  • New Jersey
  • New York
  • Pennsylvania
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Minnesota
  • North Dakota
  • Utah

For various reasons, it is more difficult to file a lawsuit against a drunk driver in these states than in others. This is mostly because victims are precluded from suing for serious injuries and non-economic losses unless the case meets certain requirements. These provisos, or thresholds, are usually related to the extent of the injury.

Conversely, residents of any of the remaining 38 states can sue the drunk driver just as they would if they were hurt in any other motor vehicle accident. In other words, a plaintiff must prove the drunk driver was at fault – and that is sometimes easier said than done. Just because the other driver was under the influence when the accident occurred does not necessarily mean he or she caused the crash. Although it usually benefits the plaintiff if the defendant was convicted of DUI or DWI, even that does not guarantee a successful outcome in a civil case.

If you were in a crash involving an impaired driver, there are steps you can take to aid your recovery or improve the likelihood of success of your case.  First, make sure that police are notified, and that the driver does not leave the scene. If the impaired driver leaves the scene before police arrive, then in often becomes difficult to prove exactly when that person became impaired – they may attempt to argue that they become intoxicated after the crash.  It is therefore import that a field sobriety test is issued or that a ticket or citation is issued.

For a free legal consultation, call (725) 900-9000

Available compensation

The type of compensation you may stand to receive depends on the specific circumstances of your case.  It is important to remember that no amount is guaranteed.

In general, plaintiffs may seek compensation for financial losses. These typically include but are not limited to medical expenses, lost wages due to the inability to work, and so on. In some situations, plaintiffs may also seek compensation for non-financial losses, such as pain and suffering.

If warranted, plaintiffs may request punitive damages to punish the drunk driver for his or her conduct, along with compensation for the losses detailed above.

Deciding to sue or accept a settlement offer

The possibility that punitive damages could be awarded at trial tends to make insurance companies nervous. Consequently, they sometimes make generous settlement offers to avoid going to court. On the other hand, punitive damages may not be considered until after suit is filed.  Additionally, some insurers may refuse to cover damages or injuries if their insured driver was impaired.  Absent law to the contrary, you may have to file suit in order to force the insurer to make an offer or change its decision regarding coverage. 

As experienced personal injury attorneys, we at Van Law Firm are equipped to help you make this crucial decision. We are also equipped to fight for you even if the defendant’s coverage is voided because of the DUI/DWI conviction. The first step is up to you. Contact us online at vanlawfirm.com or give us a call at (702)529-1011 to arrange a free consultation to learn how we can help you get the compensation you deserve.

No obligation consultations are always free.

Let Us Help You! Call Now: (725) 900-9000
We are available 24/7

Recent Posts

  • Rampant Water Contamination at Military Bases
  • 23-Year-Old Killed by Cop Car in South Lake Union
  • Is Your Baby Safe in a Shopping Cart?
  • Catching AI-Generated Content
  • Studies Link Hair Relaxers to Cancer

Categories

  • Accidents & Lawsuits
  • Artificial Intelligence
  • Auto Accidents
  • Baby Formula Lawsuits
  • Bankruptcy
  • Burn Injuries
  • Bus Acciidents
  • Camp Lejeune
  • Defective Medical Devices
  • Drowning Accidents
  • Drunk Driving Accidents
  • Elmiron
  • Heating Pad Injuries
  • Insurance
  • Legal Alerts
  • Mass Torts
  • Medical Malpractice
  • Motorcycle Accidents
  • News and Updates
  • Nursing Home Abuse
  • Paraquat Lawsuits
  • Park Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Product Liability
  • Sexual Abuse
  • Sexual Assault
  • Slip and Fall Accidents
  • Swimming Pool Accidents
  • Swimming Pool Injuries
  • Traumatic Brain Injuries
  • Truck Accidents
  • Truvada
  • Whiplash Injury
  • Workers Compensation
  • Wrongful Death
  • Zantac

FAQs

What is a Short Sale?

faq thumb

Buying a home After a Short Sale

faq thumb

What is a Deficiency and Why Should I Be Worried?

faq thumb

Find Yourself a Passionate Lawyer Now!

  • Bellingham Personal Injury Lawyer Near Me
  • Boulder City Personal Injury Lawyer Near Me
  • Centennial Hills Personal Injury Lawyer Near Me
  • Henderson Personal Injury Lawyer Near Me
  • Lakewood Personal Injury Lawyer Near Me
  • Las Vegas Personal Injury Lawyer Near Me
  • Nationwide Personal Injury Lawyer Near Me
  • Washington Personal Injury Lawyer Near Me
  • Yakima Personal Injury Lawyer Near Me
  • Seattle Personal Injury Lawyer Near Me

  • Las Vegas, NV
    1290 S Jones Blvd
    Las Vegas, NV 89147

    Get Directions
  • Lakewood, WA
    9311 Bridgeport Way SW
    Lakewood WA 98499

    Get Directions
  • Yakima, WA
    32 N 3rd St STE 304
    Yakima, WA 98901

    Get Directions
Van Law Firm

Van law firm is a personal injury law firm that represents individuals injured by motor vehicle accidents in Las Vegas, Henderson, and throughout Washington. We also represent workers’ compensation cases and people who have been hurt by defective drugs like Zantac, medical devices, and products nationwide.

Contact Info

1290 S Jones Blvd
Las Vegas, NV 89146
(725) 900-9000 (702) 800-4662 Get Map & Directions
9311 Bridgeport Way SW
Lakewood, WA 98499
(360) 200-0000 (360) 208-0248 Get Map & Directions
32 N 3rd St STE 304
Yakima, WA 98901
(509) 505-1000 (509) 272-0300 Get Map & Directions

Practice Areas

  • MOTOR VEHICLE ACCIDENT
  • PERSONAL INJURY
  • WRONGFUL DEATH
  • PRODUCT LIABILITY
  • WORKERS’ COMPENSATION
  • BAD FAITH INSURANCE CLAIMS
  • UNINSURED AND UNDERINSURED ACCIDENTS
  • NURSING HOME ABUSE
Expertise best personal injury attorney award America's Fastest growing private companies award Honoree Ribbon

Privacy Policy © Copyright 2023 Van Law Firm

Please consult an attorney for advice about your unique and individual situation. This website and its information is not legal advice, nor is it intended to be. Calling our firm does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information.