Understanding Your Rights After Being Hit by a Drunk Driver

Drunk drivers put everyone in danger.

Being hit by a drunk driver is one of those moments that changes everything in an instant. The crash itself may happen in a blink, but the effects can linger for months or even years. Medical bills start piling up, the pain from your injuries makes daily life difficult, and on top of it all, you feel the injustice of knowing someone else’s reckless decision caused this mess. In situations like these, it’s natural to feel overwhelmed, angry, or confused about what to do next. That’s where understanding your legal rights becomes so important—because the law gives you powerful tools to recover compensation and hold the drunk driver accountable.

Why Drunk Driving Cases Are Different

Every car accident is stressful, but accidents caused by drunk drivers have an added layer of seriousness. These aren’t simple mistakes or unfortunate coincidences; they are the result of a conscious choice to drink or use drugs and then get behind the wheel. Because of this, the legal system treats these cases differently. When someone drives while intoxicated, they aren’t just negligent—they are breaking the law. That makes it easier for victims to prove fault, and in many cases, it opens the door to additional compensation that goes beyond what’s available in a typical car accident claim.

The Rights You Have as a Victim

If you’ve been injured by a drunk driver, you have the right to bring a lawsuit against them and seek damages for your injuries and losses. Those damages don’t stop at medical bills. They can include compensation for the income you lost while recovering, the pain you’ve been forced to endure, and even the ways your quality of life has been affected. In particularly severe cases, courts may also award punitive damages—extra compensation meant to punish the drunk driver and deter others from making the same reckless choice.

Your rights also extend beyond the individual who caused the crash. In Utah, for example, our “dram shop” laws allow you to hold bars or restaurants accountable if they overserved the driver before the accident. And if the driver was uninsured or didn’t carry enough coverage, you may still have options through your own uninsured or underinsured motorist insurance. The point is simple: just because the drunk driver may not have the means to pay doesn’t mean you are left without recourse.

The First Steps You Should Take

In the chaotic moments after a crash, it’s hard to think straight, but what you do next can make a big difference. Calling 911 is always the first priority—both to get medical help and to ensure police arrive to investigate. Law enforcement will conduct sobriety tests and prepare a report, which can later serve as key evidence.

Your health is the next immediate concern. Even if you don’t think you’re badly hurt, it’s crucial to get checked by a doctor. Injuries like concussions, internal bleeding, or soft tissue damage aren’t always obvious right away. Having those medical records also strengthens your case later.

If you’re able, gathering evidence at the scene—like taking photos, getting witness contact information, or jotting down your own recollection of what happened—can be invaluable. But don’t put yourself in harm’s way or confront the drunk driver directly. They may be unpredictable, and it’s best to let the police handle them. Once you’re safe, you should notify your insurance company and, just as importantly, reach out to a personal injury attorney before you agree to any settlements or recorded statements.

What Compensation Looks Like

The law recognizes that the harm caused by drunk drivers is wide-ranging. That’s why compensation can include both “economic” damages, like medical bills, physical therapy, lost wages, and property damage, and “non-economic” damages, like the pain you’ve endured, the emotional toll of the crash, or the loss of enjoyment in your daily life.

In particularly egregious cases, courts may award punitive damages. These are not tied to your specific financial losses but are meant to send a message: society will not tolerate reckless behavior like drinking and driving. Not every case qualifies for punitive damages, but in drunk driving lawsuits, they are often on the table.

Where Insurance Fits Into the Picture

One of the first things people wonder is how the insurance process works. Typically, your claim will begin with the drunk driver’s insurance company. Unfortunately, insurance companies often try to minimize payouts. They may suggest your injuries aren’t as serious as you claim or push for a quick settlement that doesn’t cover your long-term needs.

This is where having an attorney becomes critical. An experienced lawyer can push back against these tactics and make sure you don’t sign away your rights for less than your case is worth. If the drunk driver doesn’t have enough coverage, your own uninsured or underinsured motorist coverage may apply, giving you another pathway to recover the compensation you need.

The Criminal Case vs. Your Civil Claim

It’s also important to understand how the criminal DUI case and your civil lawsuit fit together. The criminal case is brought by the state to punish the driver for breaking the law, and it can result in fines, jail time, and a suspended license. Your civil case is separate and is focused on making you whole by compensating you for your injuries and losses.

The two processes don’t depend on each other. Even if the driver avoids conviction in criminal court, you can still win your civil case because the burden of proof is lower. In criminal cases, guilt must be proven “beyond a reasonable doubt.” In civil cases, you only need to show it’s “more likely than not” that the driver’s negligence caused your injuries.

Special Situations You Might Face

Not every drunk driving case follows the same pattern. Sometimes the driver flees the scene in a hit-and-run, leaving victims worried about how they’ll recover damages. In those situations, your uninsured motorist coverage can step in. If the driver was underage, additional liability may fall on the adults or establishments that provided them alcohol. And when a crash leads to a fatality, the surviving family members may pursue a wrongful death claim to recover not only financial losses but also damages for the profound emotional impact of losing a loved one.

Why Having a Lawyer Makes a Difference

While the facts may seem obvious—you were hit by a drunk driver, and they were clearly at fault—these cases can become surprisingly complex. Insurance companies fight hard to protect their bottom lines. Proving the full extent of your damages often requires expert testimony, accident reconstruction, and detailed calculations of future medical costs or lost earning capacity.

A personal injury lawyer brings experience and resources that can tip the scales in your favor. They know how to preserve critical evidence, negotiate aggressively with insurers, and, if necessary, take your case to trial. More importantly, they give you the peace of mind of knowing someone is fighting for you while you focus on your recovery.

Taking Back Control

Being hit by a drunk driver can leave you feeling powerless, but you have rights—and exercising them is how you take back control. The law allows you to hold the driver accountable, to pursue compensation for the damage they’ve caused, and to demand justice for their reckless behavior. By acting quickly after the crash, seeking medical care, documenting everything, and working with an experienced attorney, you can protect your future and ensure your voice is heard.

At The Legal Beagle, we’ve helped countless accident victims in Utah stand up to drunk drivers and their insurance companies. You don’t have to navigate this alone. If you or a loved one has been injured in a drunk driving accident, call us today for a free consultation. Let us fight for the compensation you deserve so you can focus on healing and rebuilding your life.