What am I Entitled to After Getting Hit by a Drunk Driver?

Every year, thousands of people in Florida, Texas, and across the U.S. are injured or killed in alcohol-related crashes. Drunk driving is not only reckless, but it’s against the law. If you are hit by a drunk driver, you may be entitled to significant compensation beyond a typical car accident claim. Understanding your rights can help you secure the justice and financial recovery you deserve.

How Common are Drunk Driving Accidents Throughout the Country?

Unfortunately, drunk driving accidents remain far too common in both Florida, Texas, and across the United States. Despite decades of public awareness campaigns and tougher laws, impaired driving continues to be one of the leading causes of preventable crashes and deaths on the road. National, and state specific, statistics include:

These numbers highlight why courts often allow punitive damages in DUI crash cases. Drunk driving is not just negligent, but it’s a public safety crisis. Every statistic represents real families whose lives have been forever changed.

Who is Liable in a Drunk Driving Accident?

Drunk drivers are almost always considered negligent meaning they violated the law by driving under the influence. This makes proving liability easier compared to other car accident claims.

While the drunk driver is the obvious wrongdoer in these accidents, other parties may be held financially accountable. With RTRLAW on your side, you won’t just prove liability, but you’ll have a team committed to holding all responsible parties accountable.

Can I Sue Bars or Restaurants That Overserved the Driver?

In both Florida and Texas, “dram shop laws” may allow victims to hold bars, restaurants, or other establishments liable if they served alcohol to a visibly intoxicated person who later caused an accident.

These laws are:

  • Florida Dram Shop Law: Establishments may be liable if they served alcohol to a minor or someone known to be habitually addicted to alcohol.
  • Texas Dram Shop Law: Businesses may be liable if it was apparent the person was “obviously intoxicated” and still served alcohol.

These laws create additional avenues for compensation, but securing the full amount of damages will still require a strong case, medical documentation, and experienced legal representation; especially when the drunk driver lacks sufficient insurance or personal assets.

What Types of Compensation are Available After Being Hit by a Drunk Driver?

Being hit by a drunk driver can leave victims facing devastating physical, emotional, and financial hardships. Fortunately, the law allows injured parties to seek a wide range of compensation to help cover medical costs, lost income, and the personal toll of the crash. In fact, victims of drunk driving accidents are often entitled to more than those hurt in typical auto accidents because punitive damages may apply.

If you are hit by a drunk driver, here are the main categories of damages you may be entitled to pursue:

Medical Expenses

  • Emergency room treatment, surgeries, and hospital stays
  • Prescription medications, therapy, and rehabilitation
  • Future medical care for long-term or permanent injuries

Lost Wages and Lost Earning Capacity

  • Income you lost while recovering
  • Future lost wages if you cannot return to work
  • Reduced earning capacity if you are left with lasting impairments

Pain and Suffering

  • Physical pain caused by your injuries
  • Emotional trauma such as anxiety, depression, or PTSD
  • Loss of enjoyment of life

Property Damage

  • Repair or replacement of your vehicle
  • Compensation for damaged personal property inside the vehicle

Punitive Damages

Unlike most auto accidents, cases involving drunk drivers may qualify for punitive damages. These damages are designed not only to compensate victims but also to punish the drunk driver and deter others from making the same reckless choice. Punitive damages can significantly increase the total value of your case.

The compensation available after a drunk driving accident goes far beyond basic medical bills and vehicle repairs. By pursuing all possible damages, including lost wages, pain and suffering, and punitive damages, victims can secure the financial resources needed to recover and move forward. With the help of RTRLAW’s experienced personal injury attorneys, you can maximize your recovery and hold drunk drivers fully accountable.

What if the Drunk Driver Has No Insurance?

Sadly, many drivers are uninsured or underinsured; in fact, studies show that about 1 in 5 drivers in Florida and nearly 14% of drivers in Texas are uninsured. In that case, your own Uninsured/Underinsured Motorist (UM/UIM) coverage may apply.

This coverage can help pay for medical bills, lost income, and pain and suffering when the at-fault driver cannot. Without UM/UIM protection, victims may be left with limited options for financial recovery, which is why reviewing your policy before an accident happens is so important.

At RTRLAW, we always review all possible insurance sources to maximize your recovery.

What Should I Immediately Do After Being Hit by a Drunk Driver?

Being struck by a drunk driver can be terrifying and confusing. In the aftermath, it’s easy to feel overwhelmed, but the steps you take in those first few moments and days are crucial for both your health and your legal case. Acting quickly can help protect your rights, preserve evidence, and strengthen your claim for compensation.

Here’s what you should do immediately after being hit by a drunk driver:

  • Call 911 immediately: Police reports are critical in DUI accident claims
  • Seek medical treatment: Even if you feel “okay,” some injuries take time to show
  • Document the crash: Take photos, collect witness information, and keep all medical records
  • Avoid direct contact with insurers: Insurance companies may try to settle quickly for less than your case is worth
  • Contact an experienced attorney: These cases often involve both criminal and civil proceedings; legal guidance is crucial

Taking these steps right away not only helps ensure your safety, but it also builds the foundation of a strong legal case. The drunk driver’s criminal charges alone don’t guarantee you compensation; you’ll need a civil claim to recover damages for your medical bills, pain and suffering, and lost wages. RTRLAW’s experienced auto accident attorneys can guide you through every step, from evidence collection to settlement negotiations, so you can focus on healing while we fight for the justice you deserve.

How Can RTRLAW Help You & Your Loved Ones After Being Hit by a Drunk Driver?

At RTRLAW, our attorneys have decades of experience fighting for, and advising victims of drunk driving accidents across Florida and Texas. We know how devastating these crashes can be, and how hard insurance companies fight to minimize payouts.

We will:

  • Investigate the accident and obtain evidence of intoxication
  • Pursue claims against all responsible parties, including bars or establishments if dram shop liability applies
  • Fight for punitive damages when appropriate
  • Negotiate aggressively with insurers and litigate if necessary

Our mission is to protect your rights, hold drunk drivers accountable, and secure the compensation you need to move forward.

If you are hit by a drunk driver, you may be entitled to far more than basic accident compensation. From medical costs and lost wages to punitive damages and potential dram shop liability, these cases allow for several avenues towards recovery, but also unique challenges. RTRLAW’s personal injury attorneys are here to fight for you. Call us today at 1-833-HIRE-RTR (1-833-447-3787) for a free, safe & secure consultation.