Drunk Driving Accident: What to Do and How to Get Compensated (2026 Guide)
Frequently Asked Questions
Can I sue a drunk driver even if they weren't convicted?
Yes. Civil and criminal cases have different standards of proof. A criminal conviction requires proof beyond a reasonable doubt, while a civil case only requires a preponderance of evidence (more likely than not). Even if criminal charges are dropped or result in acquittal, you can still win a civil lawsuit.
How long do I have to file a claim after a drunk driving accident?
It depends on your state. Arizona, Georgia, and Nevada allow 2 years from the date of the accident. South Carolina allows 3 years. Missing the deadline typically bars your claim entirely, so contact an attorney as soon as possible.
What if the drunk driver has no insurance?
You may still have options. Your own uninsured/underinsured motorist (UM/UIM) coverage can cover your losses. You may also have a dram shop claim against the establishment that served the driver. An attorney can identify all available insurance coverage in your case.
Will a drunk driving accident automatically result in punitive damages?
Not automatically, but DUI cases are strong candidates for punitive damages because driving drunk is considered willful and reckless conduct. Courts and juries in Arizona, Georgia, Nevada, and South Carolina regularly award punitive damages in DUI injury cases.
How much does it cost to hire a personal injury lawyer for a drunk driving case?
Nothing upfront. Personal injury attorneys work on contingency — they receive a percentage (typically 33%) of your settlement or verdict only if you win. If you don't recover, you don't pay attorney fees.
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