A collision with a drunk driver is usually very serious, and often fatal, because drunk drivers speed, run red lights and cross the center line resulting in high impact crashes. Those who survive must deal with injuries, long-term medical treatment, medical bills and lost wages. In wrongful death cases, spouses and children are grieving and still have to deal with the loss of income and funeral bills.

Here's what you should know:

1. Irresponsible drunk drivers often carry little or no auto insurance, so it’s crucial to know how to find all other individuals, corporations and insurance companies who can be made to pay for the damages and bills.
2. In addition to the drunk driver, there are often others who are legally responsible to pay for the consequences of a drunk driving collision: the bar or tavern that over-served a customer, the party host who provided alcohol to a minor or the parole officer who was responsible for tracking the behavior of a repeat offender. The victim’s own insurance company also may be responsible if there is an underinsured motorist protection policy. Complex rules apply in these cases, so talking to an attorney who regularly handles these cases is essential. There are many traps for the unwary.
3. Many states allows “joint and several” liability if the victim was not at all responsible for the collision. “Joint and several” liability means that each one of the responsible parties is on the hook to pay the entire loss if the others cannot pay. For example, if the jury determines that the drunk driver is 50% responsible and the bar who over served him is 50% responsible, the bar will have to pay 100% of the jury’s verdict if the drunk driver has no insurance. However, if you settle with one of the defendants, you destroy “joint and several” liability and cut off any remaining recovery. In the example above, if you settle with the drunk driver and sue the bar, the bar will only be required to pay for 50% of the damages. The solution is to hold off on settling with the drunk driver until you reach a settlement with all responsible parties. In any serious injury case, and especially in a wrongful death case, do not settle with any party without first consulting an experienced attorney.
4. The bar or tavern who served the drunk driver may be responsible, either because the bar served someone who was “apparently intoxicated” (some states use the “obviously intoxicated” standard) or the bar failed to take reasonable steps to ensure that no minors were being served. In a case with significant injuries or in a death case, it’s essential for your lawyer to hire a private investigator in order to nail down the facts.
5. A private party host who provides alcohol to a minor may be responsible for damages caused by the minor drunk driver. Companies who provide alcohol to employees can also be held responsible when those employees drink and drive. Complicated rules govern these areas of the law and vary from state to state. 
6. When a repeat offender is on probation and the probation department fails to enforce court ordered terms of probation, that probation department may be responsible if the offender drives drunk. A jury in Washington awarded a $5.5 million verdict against a probation department that failed to enforce a court-ordered ignition interlock requirement.

For more help:

To help victims of drunk drivers, Accident Data Center has a highly qualified attorney (perfect 10.0 AVVO rating) with 20 years’ experience on staff and available to provide a free and impartial case evaluation and to answer your questions. If you request, and if your claim has merit, we will find and associate with the best local attorney for your case to help you obtain the maximum financial recovery. For a free, no obligation, case evaluation, use our easy e-mail form.