Every time someone chooses to drive drunk in Philadelphia, they are making a decision that puts everyone else on the road at risk.
These crashes are not “accidents” in the usual sense. They are the predictable result of a driver ignoring the law, common sense, and the safety of others.
When a drunk driver causes a collision, the consequences for victims can be overwhelming. You may be facing emergency treatment, surgeries, a long recovery, time away from work, and a future that looks nothing like what you planned. Meanwhile, the drunk driver may be sitting in a jail cell, fighting criminal charges, or claiming they “didn’t feel that impaired.”
At Philly Injury Lawyer, we are here to stand between you and the system that often seems more focused on the criminal case than on your recovery. Our role is to:
- Investigate what happened and why
- Prove not only that the driver was impaired, but that their conduct caused the crash
- Calculate the full value of your injuries and losses
- Push back against insurance companies that want to minimize or delay your claim
You pay nothing up front. Our work is done on a contingency fee basis: We Win or It’s Free®.
The Reality of Drunk Driving Crashes
Drunk driving remains one of the leading causes of serious and fatal car crashes nationwide. Over a third of all traffic deaths involve a driver who has been drinking. Even when crashes are not fatal, they often result in catastrophic injuries because drunk drivers tend to:
- Drive at higher speeds
- Ignore signs, lights, and signals
- Fail to brake or swerve in time
- Drift into oncoming lanes or off the roadway
Unlike a momentary mistake in clear conditions, drunk driving is a sustained pattern of poor judgment, slowed reaction time, and impaired coordination. The law rightly treats it as one of the most serious forms of negligence behind the wheel.
How Alcohol and Drugs Affect Driving
To understand why drunk driving crashes are so devastating, it helps to see how alcohol and other substances actually affect the body and mind.
Blood Alcohol Concentration (BAC)
In every state, it is illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08 or higher. But impairment can begin at much lower levels:
- Around 0.02: reduced visual functions, trouble tracking moving objects, and difficulty performing two tasks at once
- Around 0.05: reduced coordination, slower response to emergencies, impaired steering, and decreased ability to judge speed and distance
- At and above 0.08: poor muscle coordination, short attention span, impaired perception, and seriously reduced reaction times
Some people are affected even more strongly due to body size, fatigue, medications, or medical conditions. Others may “feel fine” but still be too impaired to drive safely. The danger is not how drunk someone says they feel—the danger is how much their abilities are actually reduced.
Interactions With Medications and Drugs
Alcohol is even more dangerous when combined with:
- Prescription medications such as antidepressants, sedatives, and anti-anxiety drugs
- Over-the-counter medications that cause drowsiness
- Illegal or recreational drugs
These combinations can greatly amplify impairment, sometimes even at BAC levels that appear low. A driver may test below the legal limit and still be too impaired to safely operate a vehicle because of the overall mix in their system.
How Drunk Driving Crashes Happen
Alcohol and drugs impair judgment and reaction time, so drunk driving collisions often follow recognizable patterns:
- Head-on collisions where a drunk driver drifts across the center line or drives the wrong way
- Rear-end crashes because an impaired driver fails to notice stopped or slowing traffic
- Intersection crashes when a driver runs a red light or stop sign
- Side-impact collisions when a driver misjudges gaps in traffic or fails to yield
- Single-vehicle crashes into poles, guardrails, trees, or buildings
These collisions are frequently high-impact and occur at full speed, because impaired drivers may not hit the brakes at all or may react far too late.
What Happens to the Drunk Driver After the Crash
After a suspected DUI crash, the responding officers determine how to handle the impaired driver based on the circumstances and severity of the incident.
Charged and Released
If there are no injuries and only minor property damage—for example, a drunk driver hits a parked car—the driver may:
- Be arrested at the scene for DUI
- Spend time in a holding cell or “drunk tank”
- Be released on bond or recognizance once sober
They will still face criminal charges, but they may be allowed to go home and await their court date.
Held in Custody Until Trial
When a drunk driving crash causes serious injuries or a fatality, the situation is very different. The suspected drunk driver may:
- Be transported directly to jail after initial processing
- Face additional charges such as aggravated assault by vehicle or homicide by vehicle
- Be denied bail in particularly severe or repeat-offense cases
In addition to criminal charges, they may face one or more civil lawsuits from injured victims and families. Your civil claim is separate from the criminal case and has a different purpose: to compensate you for the damage done.
Criminal Case vs. Civil Injury Claim
Many people assume that once the drunk driver is arrested, the criminal case will automatically “take care of everything.” Unfortunately, the criminal justice system focuses on punishment and public safety, not on making victims whole.
How the Criminal Case Helps
A drunk driving conviction can be powerful evidence in your civil case because it shows that:
- The driver operated a vehicle while impaired
- The state proved this beyond a reasonable doubt
Convictions often motivate insurance companies to settle rather than risk facing a jury that is likely to sympathize with the victim and punish drunk driving with a large award.
When There Is No Conviction
Even without a conviction, you may still have a strong civil claim. The rules for civil cases are different:
- You do not have to prove guilt beyond a reasonable doubt
- You must instead prove liability by a “preponderance of the evidence,” meaning it is more likely than not that the drunk driver’s conduct caused the crash
Evidence such as police reports, witness statements, observations of slurred speech or odor of alcohol, field sobriety tests, and behavior at the scene can all support a civil case even if the criminal charges are reduced, delayed, or dismissed.
Proving Negligence in a Drunk Driving Case
The key to any injury claim is negligence. In a drunk driving crash, that means showing:
- The driver had a duty to operate their vehicle safely.
- They breached that duty by driving under the influence and by driving carelessly.
- Their conduct caused the collision.
- You suffered actual damages as a result.
Simply proving that the driver had alcohol in their system is not enough by itself; we also show how their impaired behavior led directly to the crash.
Evidence That Strengthens Your Case
Important pieces of evidence can include:
- Police reports and officer observations
- Arrest records, BAC test results, and field sobriety test performance
- Photos and video of the scene, including skid marks and vehicle positions
- Witness accounts of erratic driving before the crash
- Signs that the driver tried to hide evidence (throwing away bottles or containers, switching seats with a passenger, refusing testing)
- Your own observations of their smell, speech, coordination, or behavior
Your recollection matters. If you noticed that the driver:
- Smelled strongly of alcohol or marijuana
- Had bloodshot eyes or slurred speech
- Tried to discard cans, bottles, or drug paraphernalia
- Argued with police or refused to perform tests
make a note of it as soon as you can and share it with both the police and your attorney.
Why You Should Not Settle Too Quickly
After a drunk driving crash, you may be contacted by the drunk driver’s insurance company just days later. The adjuster may sound sympathetic and say they just want to “check how you’re doing.” In reality, they are often trying to:
- Get you to say something on a recorded call that weakens your claim
- Push a low, quick settlement before you know the full extent of your injuries
- Lock you into an agreement and a waiver of further claims
This is especially dangerous in DUI crashes, where injuries and emotional effects can be severe and long-lasting. At first, you may think your injuries are minor, only to discover weeks or months later that:
- Pain has increased or spread
- You need surgery or longer-term treatment
- You cannot return to your old job or work the same hours
- You are dealing with anxiety, nightmares, or other emotional trauma
Once you sign a release and accept a settlement, you usually cannot go back for more money—even if your condition worsens significantly. It is far safer to wait until your doctors understand your long-term outlook and until you have spoken with a lawyer who can evaluate your claim.
What You May Be Entitled to After Being Hit by a Drunk Driver
If you were injured in a drunk driving crash, you may be entitled to compensation in several categories. These fall into three broad groups: medical expenses, lost income, and pain and suffering.
Medical Expenses
You may seek recovery for:
- Emergency room treatment and hospital stays
- Surgeries and follow-up procedures
- Doctor visits and specialist consultations
- Physical therapy, chiropractic care, and rehabilitation
- Medications, medical equipment, and assistive devices
- Future medical care reasonably expected to be necessary
Severe injuries often require extended treatment, multiple surgeries, or long-term rehabilitation. Your claim should reflect not only what you have already spent but also what you are likely to need in the future.
Lost Wages and Loss of Earning Capacity
If your injuries affect your ability to work, you may recover:
- Wages lost while you were unable to work
- Lost overtime, bonuses, and other benefits
- Reduced earning capacity if you cannot return to your previous job, trade, or hours
In some cases, experts such as vocational specialists or economists may be needed to calculate how the crash has affected your long-term earning potential.
Pain and Suffering
Beyond the financial losses, you may be entitled to compensation for:
- Physical pain and discomfort
- Emotional distress, anxiety, and depression
- Loss of enjoyment of life and activities you used to love
- Sleep problems, nightmares, and fear of driving
- Scarring, disfigurement, and humiliation
- Loss of independence and changes in your relationships
These non-economic damages recognize that a drunk driving crash affects every part of your life, not just your bank account.
Wrongful Death Claims in Drunk Driving Cases
Tragically, many drunk driving crashes end in death. When a family loses a loved one because of a drunk driver, the law may allow for:
- A wrongful death claim brought by certain family members for losses such as funeral expenses, loss of financial support, and loss of companionship
- A survival claim brought on behalf of the deceased person’s estate for the pain, suffering, and economic losses they experienced before death
These cases can never truly make up for the loss of a parent, child, spouse, or sibling. However, they can help families cover immediate expenses, secure some measure of financial stability, and hold the responsible parties publicly accountable.
Gap Insurance and Drunk Driving Crashes
Drunk driving crashes often result in vehicles being declared total losses. In those situations, gap insurance may become relevant. Gap coverage is an optional type of insurance that pays the difference between:
- What your vehicle is worth at the time it is totaled, and
- What you still owe on your loan or lease
However, gap insurance is limited in important ways:
- It typically applies only when you are the one who purchased it and your own vehicle is totaled.
- Many policies contain exclusions for drivers who themselves were intoxicated and at fault.
If you were the victim of a drunk driver and were not at fault, your primary focus will usually be on the drunk driver’s liability insurance and your own coverages, rather than gap insurance. Still, it is important to review all available policies and understand exactly what they do and do not cover.
Timelines and Maximum Medical Improvement
One of the most common questions people ask after being hit by a drunk driver is, “How long will my case take?” There is no single answer, because the timeline depends on many factors:
- The severity of your injuries
- How long it takes you to reach maximum medical improvement (the point at which doctors believe you have healed as much as you are going to)
- Whether the insurance company disputes liability or the extent of your damages
- Court schedules and procedural steps if litigation becomes necessary
In general, it is unwise to settle before you reach maximum medical improvement, because you may not yet know whether you will need further treatment, surgery, or time off work. Settling too early risks leaving future expenses and losses uncovered.
An experienced attorney can give you a more personalized estimate after reviewing your medical course, your prognosis, and how the insurance companies are responding.
Why You Need an Attorney After a Drunk Driving Crash
Victims of drunk driving crashes often assume that because the other driver was clearly wrong, the process will be simple. In reality, insurance companies still fight hard to limit what they pay—even when their insured was obviously impaired.
An attorney can:
- Take over communication with all insurers so you can focus on healing
- Gather and preserve critical evidence before it disappears
- Work with medical providers to document your injuries and future needs
- Calculate the full value of your claim, including future losses and non-economic damages
- Protect you from pressure to accept a low settlement
- Prepare your case for trial or arbitration if a fair agreement cannot be reached
Even if you are not sure you want to pursue a lawsuit, speaking with a lawyer early can prevent costly mistakes and give you control over your next steps.
What You Should Do After Being Hit by a Drunk Driver
Taking the right steps after a drunk driving crash can strengthen your claim and protect your health.
- Get medical care immediately.
Your first priority is your health. Call 911, accept transport to the hospital if recommended, and follow doctors’ instructions. Make sure the medical records mention that your injuries are from a motor vehicle crash. - Ensure the police are called.
A police report documenting the crash, your injuries, and signs of the other driver’s impairment is extremely important. If officers suspect DUI, they may conduct field sobriety tests, breath tests, or blood draws. - Write down what you notice about the driver.
As soon as you can, make notes about:- Odor of alcohol or drugs
- Slurred speech or stumbling
- Attempts to hide containers or switch drivers
- Any statements the driver made about drinking or using substances
- Collect information and evidence if you are able.
Get the other driver’s name, contact information, and insurance details. Take photos of the vehicles, the scene, and your injuries. Ask witnesses for their names and phone numbers. - Follow up with your own doctors.
Even if you were treated in the emergency room, schedule follow-up appointments. Some injuries become more apparent with time, and ongoing documentation is critical to your claim. - Avoid discussing fault with insurers before speaking to a lawyer.
Report the crash to your own insurance company, but do not give a detailed recorded statement or sign any settlement documents until you have legal advice. - Call Philly Injury Lawyer.
The sooner we become involved, the more effectively we can protect your rights, gather evidence, and guide you through the process.
Drunk Driving Accident FAQ
Can I sue a drunk driver for hitting me?
Yes. You can bring a civil claim against a drunk driver whose negligence caused your injuries. This is separate from any criminal charges and is focused on compensating you for medical expenses, lost income, pain and suffering, and other losses.
Do I still have a case if the driver was not convicted of DUI?
You may. A criminal conviction helps, but it is not required. Civil cases use a different standard of proof. Even if charges are reduced or dismissed, you may still be able to prove that the driver’s impaired and negligent behavior caused the crash.
What if I was a passenger in the drunk driver’s car?
You can usually pursue a claim as an injured passenger, even if the driver of your vehicle was intoxicated. In many cases, passengers have strong claims because they were not controlling the vehicle. You may seek compensation through the driver’s insurance, your own coverage, or other applicable policies.
What am I entitled to after being hit by a drunk driver?
You may be entitled to compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, and other damages related to your injuries. In fatal cases, families may bring wrongful death and survival claims. The exact amount depends on the severity of injuries, the impact on your life, and the insurance available.
Will my case automatically go to trial?
Not necessarily. Many drunk driving injury cases are resolved through settlement, especially when the evidence of impairment is strong and the injuries are clearly documented. However, we prepare every case as if it could go to trial, so we are ready to present a compelling argument to a jury if insurers refuse to be fair.
How long do I have to file a claim?
There are strict time limits for filing injury and wrongful death claims, and there may be shorter deadlines for certain insurance notices. Because each situation is different, it is important to speak with an attorney as soon as possible after the crash to avoid missing a critical deadline.
If you or someone you love has been injured in a drunk driving car accident in Philadelphia or anywhere in Pennsylvania, you do not have to face this alone.
Philly Injury Lawyer is ready to stand up for you, hold the drunk driver accountable, and pursue the full compensation you deserve.
We Win or It’s Free®.