What should I do if I’m hit by a drunk driver?

Call 911, seek medical care the same day, document the scene, collect witness info, and speak with a DUI injury lawyer before giving recorded statements. Preserve police/DUI testing records and medical documentation.

Can I seek punitive damages after being hit by a drunk driver?

In California, punitive damages may be available in DUI cases with egregious conduct. Eligibility depends on the facts, evidence of impairment, and applicable law.

What if the drunk driver is uninsured or flees the scene?

Uninsured/Underinsured Motorist (UM/UIM) coverage may apply. A lawyer can coordinate claims with your carrier and pursue all available sources, including restitution in criminal proceedings.

Do I need a police report if I was hit by a drunk driver?

A police report strengthens your claim by documenting fault and DUI evidence. You can request a copy through the responding agency or the California Highway Patrol’s collision report process.

What If I Am Hit By A Drunk Driver? | Legal Guide

by Grun Law Corporation | Sep 18, 2024 | Car Accident Claims

Hit By A Drunk Driver? Your Legal Rights, Next Steps & Compensation

Being hit by a drunk driver is terrifying and overwhelming. As a DUI accident victim, you face medical bills, missed work, and confusing insurance questions—all while dealing with pain and stress. Knowing your legal rights after a DUI crash can help you protect your claim and pursue full compensation.

In the U.S., impaired driving remains a major safety issue. The National Highway Traffic Safety Administration (NHTSA) reports thousands of alcohol-related fatalities each year. If you were hit by a drunk driver in Los Angeles, Glendale, Burbank, Pasadena, or anywhere in Southern California, this guide explains your options—step-by-step.

Immediate Steps After You’re Hit By A Drunk Driver

Call 911 immediately. Report the collision and request medical help. Tell dispatch you were hit by a drunk driver. A timely DUI accident report and field sobriety/chemical testing can be crucial evidence.
Cooperate with law enforcement. Provide facts without speculating about fault. Officers may conduct sobriety tests and make an arrest if impairment is suspected.
Document the scene. Take photos/video of vehicle damage, skid marks, debris, road conditions, and your injuries. Get witness names and contact details. Preserve any physical evidence (e.g., damaged items).
Seek medical care the same day. Even if you “feel okay,” get evaluated. Prompt records link injuries to the crash and protect your health. (Worried about head trauma? See our guide: Spotting Concussion Signs After an Accident.)
Notify your insurer—but be cautious. Report the crash, but avoid recorded statements, broad authorizations, or fault admissions before speaking with a lawyer.

Not sure when to call the police in minor collisions? Read: When to Call 911 for Non-Injury Accidents.

DUI Victim Rights: Medical Costs, Wage Loss & More

After being hit by a drunk driver, you may recover both economic and non-economic damages, including:

Emergency care, hospital bills, surgery, rehabilitation, and medications
Future medical treatment, assistive devices, and home modifications
Lost wages, loss of earning capacity, and job retraining
Pain and suffering, emotional distress, and loss of enjoyment of life
Property damage (vehicle repair/replacement and personal items)

Victims may also pursue punitive damages in egregious DUI cases to punish and deter drunk driving, depending on the facts and California law. For prevention and victim support resources, see CDC: Impaired Driving and MADD.

Insurance & Liability When You’re Hit By A Drunk Driver

California is a fault-based state. The impaired driver (and their insurer) is typically responsible. However, your recovery path can involve multiple coverages:

At-fault driver’s liability insurance: Bodily injury/property damage coverage.
Your MedPay (if purchased): Pays medical bills regardless of fault (policy-specific).
Uninsured/Underinsured Motorist (UM/UIM): Critical if the DUI driver has low or no limits.
Third-party liability: Potential claims against parties who overserved alcohol (limited in CA) or negligent entrustment/ownership theories—fact-dependent.

If police did not respond or you need the official record, here’s how to get a police report for a car accident in California.

How to Build a Strong DUI Injury Claim

To maximize compensation after being hit by a drunk driver, preserve and develop evidence:

Official records: Police report, DUI breath/blood results, arrest/charging documents.
Medical proof: Immediate ER visit, follow-up care, specialist evaluations, imaging, and treatment plans.
Damages documentation: Pay stubs, employer letters, repair estimates, rental car receipts, out-of-pocket costs.
Visuals & witnesses: Scene/body damage photos, dashcam footage, surveillance video, and eyewitness statements.

Tip: Keep a recovery journal tracking pain levels, mobility limits, sleep issues, and missed life events—powerful support for non-economic damages.

Filing a DUI Injury Claim or Lawsuit

After you’re hit by a drunk driver, your lawyer may pursue a claim with the at-fault insurer, your UM/UIM carrier, or both. If insurers minimize your injuries or dispute liability, a lawsuit may be necessary. California’s statute of limitations is time-sensitive—don’t delay.

Settlement vs. Trial: Many DUI cases settle when liability is clear and damages are well-documented. But preparing every case as if it will go to trial often yields stronger offers.

Common Questions When You’re Hit By A Drunk Driver

Do I need a lawyer? DUI injury cases often involve parallel criminal and civil issues, multiple insurers, and UM/UIM claims. Skilled counsel can coordinate evidence and protect your rights.
What if the driver was uninsured? Your UM/UIM coverage may stand in. Review limits with your attorney.
What if I didn’t feel hurt at the scene? Delayed symptoms (e.g., concussion, whiplash) are common—get evaluated promptly and follow medical advice.

Local Help If You Were Hit By A Drunk Driver in Los Angeles

At Grun Law Corporation in Glendale, we represent DUI crash victims throughout Los Angeles County and Southern California. If you were hit by a drunk driver, we can:

Secure police and medical records, dashcam/surveillance footage, and witness statements
Handle all insurer communications and protect your claim value
Pursue UM/UIM, MedPay, and all at-fault coverages available
Seek full economic and non-economic damages—and punitive damages where warranted

We also publish practical guides to help you navigate related issues:

📞 Free Consultation: Call (818) 433-7742 or contact us online if you were hit by a drunk driver in Los Angeles, Glendale, Burbank, or Pasadena.

FAQs — Hit By A Drunk Driver

What should I do immediately if I’m hit by a drunk driver?
Call 911, get medical care, photograph the scene, gather witness info, and avoid recorded insurer statements until you talk to a lawyer.
Can I get punitive damages if I was hit by a drunk driver?
Potentially, depending on the facts. Punitive damages punish egregious conduct and deter future DUI behavior under California law.
Who pays if the drunk driver is uninsured or underinsured?
Your UM/UIM coverage may apply. A lawyer can coordinate claims with both insurers and pursue all available recovery sources.
Do I need a police report?
It’s highly recommended. Learn how to request one here: How to Get a Police Report for a Car Accident.