ABA Family Legal Guide

Personal Injury

Negligence

Automobile Collisions

I was hit by a car that was driven by a drunk driver who was going home after a night out. What can I do, in addition to suing the drunk driver?

You may be able to collect from your own uninsured motorist or underinsured motorist coverage for damages you suffered from the drunk driver. In other words, if the drunk driver does not have automobile liability insurance, your uninsured or underinsured coverage from your own policy may provide you some relief.

If you live in a state that has a Dramshop Act, you may be able to recover damages from the owner of the tavern where the drunk driver was served the liquor. Such acts usually come into play when intoxicated people served by a bar later injure somebody while driving. Some of those laws also make tavern owners liable when drunken customers injure others on or off the premises. But some courts say that a tavern owner will not be liable unless the sale of the liquor itself was illegal.