I was Hit by a Drunk Driver. What can I do?

Find an Attorney

Although total numbers have decreased, today about one in three deaths in the United States are caused by impaired driving accidents. Drunk driving accidents can have devastating consequences for those involved.

The drunk driver may be charged by the District Attorney’s office with a crime because of impaired driving. This decision will depend on how much the drunk driver at fault had to drink and on the types of injuries caused.

However, many drunk driving accidents do not result in criminal charges. Thankfully, insurance companies must provide coverage for injuries caused in drunk driving accidents. Even if no criminal charges were filed, if you were injured in a drunk driving accident you may have options to receive compensation for:

  • medical bills,
  • lost wages,
  • and pain and suffering.


Is a Drunk Driver in a Car Accident Always at Fault?

The fact that a driver is impaired does not automatically mean that they are at fault for the drunk driving accident. However, even a small amount of alcohol, medication or illegal substance in someone’s blood can impair their decision-making when operating a car. Therefore, blood or breath test results following a car accident can be very important for your case.

If you suspect the individual who caused a car accident was impaired, immediately report this to the police. The police will make certain that evidence of impairment is not lost.


Proving Negligence When you are in a Drunk Driving Accident

The law requires proof of negligence of the person who caused the accident. Proof of impairment does not always mean proof of fault. However, impairment can be very persuasive in proving negligence. This is true even if the drunk driver does not meet the legal limit of 0.08% BAC.


Pursuing Damages from Drunk Driving Accidents

If you are injured when a drunk driver hits you, you will have a claim against their insurance company. If their insurance cannot cover the costs of the injury, you may also have a claim against your own insurance company.

A drunk driving victim may have additional options such as restitution and the opportunity to make statements at the sentencing. This will depend on whether the action is charged as a crime.

There are many factors to keep in mind when pursuing a drunk driving accident case, including:

  • the amount of insurance available,
  • the injuries caused, and
  • the age and impairment of the drunk driver.

An experienced accident lawyer can help you review your case and the options available to you. Make sure you get what you deserve. A local Habush Habush & Rottier drunk driving accident attorney will help you review your case and develop a plan to fight for what’s right. Contact us today for a free consultation.

Kristin M. Cafferty

Kristin M. Cafferty is a shareholder at Habush Habush & Rottier in the Racine office. Her practice includes the representation of victims of personal injuries from automobile accidents, dog bites, slip & falls, and vaccines. Kristin has a history of numerous successful settlements, jury verdicts and appeals for her clients in and outside of Wisconsin and in the federal courts.  

Kristin was born and raised in Wisconsin. She graduated from Marquette University, earning a B.S. in 1991 and a J.D. in 1994. Kristin resides in Racine with her husband, Patrick, and their four children and enjoys traveling, cooking with friends and Marquette basketball.

Racine, Kenosha, Lake Geneva /

Meet Kristin   View Kristin's Full Bio