What To Do If You’re Hit By A Drunk Driver

car totaled by a drunk driver

If you have been involved in a drunk driving accident, you may be entitled to compensation.

Depending on the circumstances, you may have a legal claim against the driver, their insurer, or both. In some cases, it may be possible to bring a lawsuit against the bar or restaurant that served alcohol to the driver before the accident. If successful, you could receive damages for medical expenses, lost wages, and other related costs arising from the incident.

Our DWI attorneys at Allbee Law here are here to offer you a helping hand in filing the right claim or lawsuit to both protect your rights and pursue justice for your losses.

Steps To Take After You've Been Hit By An Intoxicated Driver ading Text Here

The suddenness of an automobile accident caused by driving under the influence can be destructive, and its consequences can permanently change one’s life.

One minute you’re going about your day; then, in an instant, you’re injured and have to cope with police officers, doctors, insurance adjusters, and attorneys.

It’s common to feel anger and disorientation after a car accident – especially after one that involves intoxication. Because of this, we recommend remaining as calm as possible while you take the following next steps to protect your rights and maximize the value of your car crash insurance claim.

Assess Your Injuries

If you were struck by someone driving under the influence, your well-being should be the number one concern. Prior to doing anything else, determine if anybody in the crash was hurt. If you sustained injuries caused by a drunken driver, don’t wait to call 911!

Move Your Vehicle If It's Safe To Do So

If your car is in a safe and secure spot, you should remain there until emergency responders arrive. However, be aware of the fact that adrenaline after a car crash can mask even serious injuries, so proceed with caution when trying to decide if you should move or get out of the vehicle.

If you’re not sure about the extent of your injuries, EMTs and other emergency responders will be able to examine your neck and back for trauma before helping you safely exit your vehicle.

Call The Police

After assessing whether or not you or anyone else has been injured, call the police. In the meantime, start collecting evidence from the accident scene, such as:

  • The other driver’s name, telephone number, license plate number, and insurance information
  • Witness contact facts
  • Images or video of the alcohol around the scene, if any
  • Videos that demonstrate that the other driver was drunk
  • Pictures or videos of the scene of the accident and all vehicles involved


Once they arrive at the scene, it would be beneficial to tell the law enforcement official your worries regarding the other motorist consuming alcohol and driving. Your conversation could lead the policeman to complete a field sobriety test, which may later assist in demonstrating the liability of the drunk driver.

Seek Medical Care

Seek medical attention for potential injuries right away. Go to the doctor even if you’re not sure that your injuries are “severe enough.” Some injuries can remain undetected unless a doctor treats you, so don’t delay getting medical treatment.

Furthermore, a doctor will also document the extent of your injuries, and this information can be used in your personal injury claim when seeking compensation.

Keep Track Of All Expenses

Proof can rapidly vanish following an accident, so it’s important that you document everything as well as possible. Besides gathering proof at the location of the collision – if you are able to do so, you should also be gathering as much documentation as possible. This includes documentation of things such as:

  • Medical bills
  • Notes of treatments and procedures at the doctor’s office
  • Medications
  • Physical therapy bills
  • Lost wages
  • A copy of the police report
  • Photos or videos of your injuries
  • Funeral and burial expenses

Talk With A Lawyer About Your DUI Injury Case

DUI accidents are serious and complex because they have both legal and financial repercussions.

If an intoxicated individual injures you, you might feel that your civil lawsuit is a sure thing and that legal consultation isn’t necessary. However, an attorney can help you understand the amount and types of compensation you’re entitled to and also help you build a case that will help you receive the maximum amount of compensation you truly deserve.

Our drunk driver accident lawyers at Allbee Law will fight relentlessly for you. No one should feel alone in a legal battle – especially one that involves a negligent drunk driver.

Is A Drunk Driver At Fault Automatically For A Car Accident?

It is not necessarily a given that a person accused of drunk driving will be found guilty of driving while intoxicated or be liable for your injuries. To hold someone accountable for such an incident, the person filing the lawsuit (the “plaintiff”) needs to demonstrate the following:

  • The intoxicated motorist (the “defendant”) had a duty of care
  • Breached that duty
  • Caused harm (“damages”) as a result of this breach.


All drivers are obligated to exercise due diligence when operating their vehicles, and driving while intoxicated is an infringement of this obligation. However, what if the driver’s inebriation didn’t cause the accident?

For instance, what if you ram into an intoxicated driver at a traffic signal? Or what if you ignore a red light and crash into an intoxicated driver? In these cases, it might not be the fault of the drunk driver. Because of this, the drunk driver will face criminal charges for a DUI but may not be entitled to compensate you for your injuries and losses.

If you and the drunk driver both bear responsibility for the collision, the comparative rules in the state you reside in will be applied. Depending on how much of the accident was your fault, your compensation may be cut or disallowed in certain states.

What Am I Entitled To After Getting Hit By A Drunk Driver?

Depending upon the unique factors of your claim, you could be eligible for the following compensations:

  • Funeral and burial costs associated with wrongful death
  • Medical expenses and care
  • Lost wages in the present or future
  • Pain and suffering
  • Psychological trauma
  • Physical impairment
  • Loss of earning capacity
  • Property damage repairs

Can A Member Of The Family Hit By A Drunk Driver Also Get Compensation?

The consequences of a drunk driving accident can spread far beyond those immediately impacted by the incident. If someone is hurt due to a drunk driver, their relatives may also be affected and may have the right to seek compensation.

For instance, a spouse or companion of an individual who was left paralyzed due to the actions of an inebriated driver could possibly bring forth a claim for loss of consortium against the driver who hit their loved one.

Why You Need A Personal Injury Lawyer For Your Drunk Driving Crash

A personal injury attorney can assist you in your lawsuit to obtain the economic and non-economic compensation you need to fully heal. There is never a valid justification for an injury, no matter how minor – and especially when loss of life has occurred.

Car insurance companies will do their absolute best to pay as little as possible, even if their insured driver caused injuries by drinking and driving.

How? Many insurance companies will push to settle a case for a small amount of money before the victim has a chance to speak with an experienced personal injury attorney. A quick settlement helps the auto insurance company avoid paying for any additional medical costs, attorney fees, expert witnesses, and possibly punitive damages in the future.

Driving drunk is a reckless choice, not an accident. If you or someone you love has been hurt in a car accident because of a drunk driver, be aware that specific steps must be taken to help you become fully compensated for your losses.

Our lawyers at Allbee Law offer a complimentary case evaluation and don’t charge a fee unless we win. If you’re seeking compensation for economic and non-economic damages, don’t hesitate to reach out.

Drunk Driving Accident Statistics

  • 25,261 drunk driving accidents happened in Texas in 2021
  • 1,029 people were killed in a drunk-driving crash
  • 2,2522 victims were seriously injured by a drunk driver in these accidents

Call Our Car Accident Attorney At Allbee Law Firm

If you have been struck by a drunk driver in Texas, the first step to take is to ensure you are not hurt and seek medical attention if needed. Next, contact the police. If you are able, start gathering evidence while waiting for law enforcement to come to the scene.

Our fierce drunk driving attorneys are familiar with circumstances like yours and can help you gather the evidence that is needed to prove the other driver’s negligence while helping you get the compensatory damages you rightfully deserve for your pain and suffering.

Contact our personal injury attorneys in Texas at (817) 244-6453 to start on your case at no charge.


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