What to Do If You’re Injured by a Drunk Driver

Posted November 17, 2025 | Personal Injury Blog

A drunk driving crash is one of the most devastating, and preventable, types of accidents. When someone chooses to get behind the wheel impaired, they put lives at risk. For victims, the aftermath often includes serious injuries, financial hardship, and emotional trauma that lasts long after the crash is over.

In this article, we’ll discuss:

• What to do immediately after a drunk driving accident
• How fault and liability are proven in DUI-related injury cases
• What damages you can recover as a victim
• How a drunk driver accident attorney can help you pursue justice and full compensation

At Fielding Law Auto Accident Attorneys, we help drunk driving victims across Texas and Utah hold negligent drivers accountable, not only through insurance claims but also through civil lawsuits designed to rebuild lives and prevent future tragedies.

Step 1: Get Medical Help and Contact Law Enforcement

After any serious crash, your safety and health come first.

1. Call 911 – Report the accident immediately and request emergency responders.
2. Seek medical attention – Even if you feel “okay,” internal injuries, brain trauma, or shock may not show symptoms right away.
3. Cooperate with police – Officers will investigate and prepare a report that can be crucial evidence in your personal injury claim.
4. Do not confront the other driver – Leave that to law enforcement.

If the at-fault driver is arrested for driving under the influence, that criminal case can help support your civil claim for compensation.

Step 2: Gather Evidence at the Scene

If you’re able, collect as much evidence as possible. This can make all the difference later when proving your case.

Take photos of:

• Vehicle damage and skid marks
• Road conditions and lighting
• The drunk driver’s license plate
• Any visible injuries

Also, ask for contact information from witnesses and note the responding officer’s name and badge number.

Your car accident lawyer will later use this evidence to build your case and request official reports, breathalyzer results, and other documentation.

Step 3: Notify Your Insurance Company (But Be Cautious)

You should notify your insurance company of the crash, but avoid giving recorded statements until you’ve spoken to a personal injury attorney. Insurance adjusters may try to minimize your payout or shift blame.

If the drunk driver is uninsured or underinsured, your attorney may pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage.

How Drunk Driving Negligence Is Proven

Drunk driving accident cases involve two sides: a criminal case against the impaired driver and a civil case for financial compensation.

To win your injury claim, your attorney must prove the driver’s negligence, meaning:

1. The driver owed you a duty to operate their vehicle safely.
2. They breached that duty by driving under the influence.
3. Their impairment caused the accident and your injuries.
4. You suffered measurable damages.

Even if the driver is not convicted in criminal court, you can still win your civil case because the burden of proof is lower, your attorney only needs to show negligence by a preponderance of the evidence.

What Damages Can You Recover After a Drunk Driving Accident?

Victims of drunk drivers are often entitled to both economic and non-economic damages, including:

• Medical expenses: Emergency treatment, surgeries, rehabilitation, and therapy.
• Lost income: Missed wages or reduced earning potential.
• Pain and suffering: Physical and emotional hardship caused by the crash.
• Property damage: Vehicle repair or replacement costs.
• Loss of enjoyment of life: Impact on your ability to live, work, and enjoy normal activities.

In severe cases, your drunk driving accident lawyers may also pursue punitive damages, designed to punish reckless conduct and deter others from drunk driving.

Dram Shop Liability: When Bars or Restaurants Share the Blame

Under Texas and Utah’s dram shop laws, alcohol vendors or establishments can be held liable if they overserved a visibly intoxicated person who later caused an accident.

Examples include:

• A bar continuing to serve a patron who is clearly drunk.
• A restaurant failing to check IDs and serving minors alcohol.

In these cases, your attorney can file a third-party claim against the business, increasing the potential compensation available to you.

Common Injuries Caused by Drunk Drivers

Drunk driving crashes often occur at high speeds and cause severe injuries such as:

• Traumatic brain injuries (TBIs)

• Spinal cord damage or paralysis

• Broken bones and fractures

• Internal bleeding or organ damage

• Facial injuries and disfigurement

• Wrongful death

If you or a loved one suffered a fatal injury, your family may pursue a wrongful death claim for funeral expenses, loss of companionship, and future income.

Why You Need a Drunk Driver Accident Attorney

Insurance companies often try to settle these cases quickly, before victims understand the full extent of their injuries or rights. Don’t let them undervalue your claim.

At Fielding Law Auto Accident Attorneys, we handle every aspect of your case:

• Investigating police reports and sobriety tests
• Identifying all liable parties, including bars or restaurants
• Working with medical and financial experts to calculate damages
• Negotiating aggressively for maximum compensation
• Taking your case to trial if necessary

Our attorneys also handle related cases like truck accidents, catastrophic injuries, and pedestrian accidents, all of which can involve drunk or impaired drivers.

Contact Fielding Law Auto Accident Attorneys

If you’ve been injured by a drunk driver, you don’t have to face the aftermath alone. You have the right to hold reckless drivers, and any negligent establishments, accountable.

Let Fielding Law Auto Accident Attorneys fight for justice and the compensation you deserve.

Texas Offices:

• Mesquite: 18601 Lyndon B Johnson Freeway Suite 315, Mesquite, TX 75150
• Heath: 4232 Ridge Rd #104, Heath, TX 75032
• Richardson: 2221 Lakeside Blvd, Suite 1600, Richardson, TX 75082

Utah Office:

• Taylorsville: 4179 South Riverboat Road, Ste 150, Taylorsville, UT 84123

Call Fielding Law today for a free consultation, because it’s not about us. It’s about you.