What a Drunk Driving Accident Attorney Does
A drunk driving accident attorney handles the legal and insurance side of your case after you have been hit by an impaired driver. They do not work for the insurance company — they work for you. Their job is to build a case that proves the other driver was drunk, document your injuries and losses, negotiate with the at-fault driver's insurer, and if necessary, file a lawsuit and take the case to trial.
The reason this matters is that drunk driving cases are different from ordinary car accidents. The at-fault driver may face criminal charges in a separate court case, and that criminal case can actually help your civil case — a conviction or guilty plea is strong proof of impairment. An attorney knows how to use that evidence and how to work around it if the criminal case is still pending.
Most drunk driving accident attorneys work on contingency, meaning they take a percentage of what you recover instead of charging you an hourly fee upfront. If you recover nothing, they receive nothing. This structure exists because these cases often result in settlements or judgments large enough to cover attorney fees.
Key Takeaways
- An attorney can recover damages for medical bills, lost wages, vehicle repair, and pain and suffering — amounts you cannot recover on your own through insurance alone.
- Drunk driving cases often involve criminal charges against the other driver, and a conviction or guilty plea strengthens your civil claim significantly.
- Most attorneys in these cases work on contingency, so you pay nothing upfront and only if you recover money.
- The at-fault driver's insurance company will try to minimize what they pay, and an attorney's job is to prevent that by documenting your full loss and being ready to sue.
- You have a time limit to file a lawsuit — usually two to three years depending on your state — so waiting too long can cost you the right to sue.
When You Should Hire an Attorney
You should consider hiring an attorney if your injuries are serious, your medical bills are substantial, you lost significant income, or the at-fault driver's insurance company is offering you less than your actual losses. You should also hire one if liability is unclear — for example, if the police report does not mention impairment or if the other driver disputes fault.
Serious injuries include anything that required hospitalization, surgery, ongoing physical therapy, or that will affect your ability to work long-term. Even moderate injuries — a broken bone, a concussion, whiplash that lasts months — often justify hiring an attorney because the settlement value is usually high enough to cover legal fees and still leave you with more than you would recover alone.
You should also hire an attorney if the at-fault driver was uninsured or underinsured. Your own insurance may have coverage for this situation, but navigating it requires someone who knows the rules. An attorney can file a claim against your own uninsured motorist coverage and negotiate with your own insurer, which sounds odd but is a real part of these cases.
How an Attorney Builds Your Case
An attorney starts by gathering evidence of impairment. This includes the police report, the officer's notes about the driver's behavior, any breathalyzer or blood test results, witness statements, and dashcam or traffic camera footage if it exists. If the other driver was arrested, the attorney will obtain the criminal case file, which contains the most detailed evidence of impairment.
Next, the attorney documents your injuries and losses. This means collecting medical records, bills, and receipts; getting statements from your employer about lost wages; obtaining repair estimates or the actual repair bill for your vehicle; and sometimes hiring a medical informed to explain your injuries and prognosis to an insurance adjuster or jury. The goal is to put a dollar figure on every loss you suffered.
The attorney also investigates the accident scene, the other driver's history, and any factors that made the crash worse — for example, if the other driver was speeding or driving at night when impairment is harder to detect. They may hire accident reconstruction experts to show how the crash happened and why the other driver's impairment caused it.
Negotiating With Insurance and When Lawsuits Happen
Most drunk driving cases settle before trial. The attorney sends a demand letter to the at-fault driver's insurance company that includes all evidence of impairment, your medical records, your bills, and a dollar amount you are seeking. The insurer then makes an offer, the attorney counters, and eventually you reach a number both sides accept.
If the insurer refuses to offer a fair amount, the attorney files a lawsuit in civil court. This is a separate case from any criminal charges the drunk driver faces. Filing a lawsuit does not mean you will go to trial — most cases settle even after a lawsuit is filed, because the lawsuit forces the insurer to take the case seriously and prepare for the possibility of a jury verdict.
At trial, a jury hears evidence of the other driver's impairment, your injuries, and your losses, and decides how much the at-fault driver owes you. The jury also decides whether to award punitive damages — extra money meant to punish the driver for reckless behavior — though punitive damages are not available in every state and not in every case.
What Damages You Can Recover
Economic damages are the concrete losses you can add up: medical bills, surgery costs, physical therapy, prescription medications, vehicle repair or replacement, rental car costs while yours is being fixed, lost wages, and any other out-of-pocket expense caused by the crash. You keep receipts and bills for all of these, and your attorney includes them in the demand.
Non-economic damages cover pain, suffering, emotional distress, and loss of enjoyment of life. These have no receipt. Instead, the attorney argues for a dollar amount based on the severity of your injuries, how long recovery will take, and what a jury would think is fair. In a case involving a broken leg that heals in three months, non-economic damages might be modest. In a case involving permanent nerve damage or disfigurement, they can be substantial.
Punitive damages exist in some states and are awarded only in cases of extreme recklessness — for example, a driver with multiple prior DUI convictions who caused a serious crash. Punitive damages are not meant to compensate you; they are meant to punish the driver and deter similar behavior. Not every case qualifies, and not every state allows them.
How Attorney Fees Work in These Cases
On contingency, your attorney typically takes 25 to 40 percent of what you recover, depending on the complexity of the case and whether it settles or goes to trial. Cases that settle early cost less in attorney time and usually result in a lower percentage; cases that require extensive investigation, informed witnesses, and trial preparation result in a higher percentage. You should discuss the exact percentage before hiring.
You are also responsible for case costs — the expenses of investigating and trying the case. These include court filing fees, informed witness fees, medical record retrieval, accident reconstruction, and deposition costs. Some attorneys advance these costs and deduct them from your recovery; others ask you to pay them as they arise. Ask about this upfront.
If you recover nothing — because the case is dismissed, you lose at trial, or the at-fault driver has no insurance and no assets — you owe the attorney nothing. This is why contingency works: the attorney only gets paid if you do.
The Criminal Case and Your Civil Case
The criminal case against the drunk driver is separate from your civil case. In criminal court, the prosecutor proves guilt beyond a reasonable doubt, and the driver faces jail time or probation. In civil court, you prove liability by a preponderance of the evidence — a lower standard — and you seek money damages.
A conviction or guilty plea in criminal court is powerful evidence in your civil case. It proves the driver was impaired, which is the hardest part of your case to prove. Your attorney will use the criminal conviction to settle the case faster and for more money, because the insurer knows a jury will see the conviction as proof of fault.
If the criminal case is still pending when you want to settle your civil case, your attorney can negotiate with the prosecutor and the criminal defense attorney to make sure the settlement does not interfere with the criminal case. Sometimes you will wait for the criminal case to finish; sometimes you will settle the civil case while the criminal case is ongoing.
Finding and Choosing an Attorney
Look for an attorney who has handled drunk driving accident cases before, not just general car accident cases. Ask how many cases they have tried to trial and how many they have settled. Ask about their experience with cases similar to yours — serious injuries, uninsured drivers, or cases involving punitive damages.
Most attorneys offer a free initial consultation. Use this to ask about their fee structure, case costs, timeline, and strategy. Ask what they think your case is worth and why. A good attorney will give you a realistic range, not a may provide. They will also explain what could go wrong and what you need to do to help the case.
Check whether the attorney is licensed in your state and whether they have any disciplinary history. Your state bar association maintains a public record of licensed attorneys and any complaints filed against them. You can also ask for references from past clients, though many attorneys will not provide these without permission.
Frequently Asked Questions
How long does a drunk driving accident case take?
A straightforward case that settles can take three to six months. A case that requires extensive investigation, informed witnesses, or litigation can take one to three years. The criminal case against the driver, if one exists, can affect timing — your attorney may wait for a conviction before settling to strengthen your position.
Can I still hire an attorney if the drunk driver was not convicted?
Yes. A criminal conviction helps your case, but it is not required. You can still prove the driver was impaired using the police report, witness statements, dashcam footage, and informed testimony. The burden of proof is lower in civil court than in criminal court, so you may win your civil case even if the driver was acquitted or the charges were dropped.
What if the drunk driver does not have insurance?
Your own insurance policy likely includes uninsured motorist coverage, which pays your damages when the at-fault driver has no insurance. Your attorney will file a claim against your own insurer. You will still recover money, but the amount may be limited by your policy limits — often $25,000 to $100,000 depending on what you purchased.
Do I have to go to trial?
No. Most cases settle before trial. Your attorney will prepare the case as if trial is certain, but settlement negotiations happen throughout. You have the final say on whether to accept a settlement offer or go to trial. Your attorney will advise you on what a jury might award versus what the insurer is offering.
What if I was partially at fault for the accident?
Many states use comparative negligence rules, meaning you can recover damages even if you were partially at fault — your recovery is reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages are $100,000, you recover $80,000. Your attorney will argue to minimize your percentage of fault and maximize the other driver's responsibility.