# Legal Herald: Drunk Driving

> After a drunk driving crash: how the civil claim differs from the criminal case, who can be held liable, punitive damages, insurance and filing deadlines.

Website: https://drunk-driving.legalherald.com/
Part of: [Legal Herald](https://legalherald.com/llms.txt)
Last Updated: 2026-11-06

## Guide
- [Drunk Driving Accident Claims: Suing an Impaired Driver](https://drunk-driving.legalherald.com/) (reviewed by Laurence Banville, Esq.)

## FAQ

### Can I sue a drunk driver if they were already convicted of DUI?
Yes. The criminal case and a civil injury claim are separate. A conviction or guilty plea can be strong evidence in the civil case, and in many states it can be used to establish fault, but you still have to prove your damages. A criminal restitution order usually covers only part of your losses.

### Do I have to wait for the criminal case to finish before filing a claim?
Usually not. The civil statute of limitations keeps running while the criminal case is pending, and criminal cases can take many months. Many injury lawyers start the insurance claim right away and use the police and prosecution file as it becomes available.

### Can I get punitive damages from a drunk driver?
Many states allow punitive damages when a driver was intoxicated, because driving drunk can show conscious disregard for others' safety. The standards, caps and whether insurance pays them vary by state, so the answer depends on where the crash happened.

### What if the drunk driver has no insurance or very little?
Your own uninsured or underinsured motorist coverage may pay. You may also have claims against a bar or host who served the driver, the vehicle owner or the driver's employer. Every state also runs a crime victim compensation program that covers drunk driving victims for certain out-of-pocket costs.

### Can a passenger who rode with a drunk driver file a claim?
Often yes, against the driver's insurance. In some states the passenger's own fault in choosing to ride with an impaired driver can reduce the award, and in a few states it can bar recovery. The rules on shared fault differ widely.

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