Alcohol and Driving FAQ
What do I have to prove to win a drunk driving lawsuit?
You have to show proof that the driver was intoxicated and that because of it, he or she was unfit to drive. Just testifying that the driver smelled of alcohol or had consumed some alcohol is not enough.
What do I have to prove to sue the bar or restaurant that sold the drunk driver the alcohol?
You have to show that the driver was visibly intoxicated—which means there were apparent signs of intoxication, like slurred speech or stumbling—and that the business’s decision to serve the driver anyway directly led to your injuries.
What do I have to prove to win a drunk driving lawsuit?
You have to show proof that the driver was intoxicated and that because of it, he or she was unfit to drive. Just testifying that the driver smelled of alcohol or had consumed some alcohol is not enough.
What do I have to prove to sue the bar or restaurant that sold the drunk driver the alcohol?
You have to show that the driver was visibly intoxicated—which means there were apparent signs of intoxication, like slurred speech or stumbling—and that the business’s decision to serve the driver anyway directly led to your injuries.
I was hit by an intoxicated minor driver, who got alcohol at a private party from an adult who should have known better. Can I sue the adult?
Probably. This is known as the “social host” theory of liability. If the social host was not a minor, and knowingly provided alcohol to a minor, you may sue the host over the injuries the minor caused to you. Minors themselves may also sue social hosts who knowingly give them enough alcohol.
The drunk driver was convicted of DUI after the accident. Will that help my case?
Probably. A judge can choose whether or not to admit that evidence, depending on whether he or she thinks it’s relevant or likely to prejudice the jury.
I was injured when I was a voluntary passenger in a car driven by an intoxicated person. Does that mean I don’t have a case?
Not at all. But in Pennsylvania, how much you can collect in damages is limited if the jury decides the accident was partly your fault. That means you may not collect 100% of the damages you could win if the jury decides you contributed to your own injuries by getting into the car in the first place, or by drinking, or some other way.
I was the one drinking. I don’t remember much, but I’m pretty sure the bar kept serving me after I was obviously drunk. Can I sue them over my accident?
Yes. We’ve won significant verdicts and settlements for clients in just that situation, including $1 million for a man who suffered permanent brain damage in a single-vehicle accident after he was served while visibly intoxicated. But again, your recovery may be reduced if the jury believes you were partly at fault for your injuries.
I was drinking, but I don’t think it caused the accident. Is that going to hurt my case?
Not necessarily. The other side has to show evidence that you were intoxicated, evidence that it made you unfit to drive and that it’s relevant to the accident. If you were rear-ended while sitting at a red light, for example, it would be hard to show that your intoxication was a cause. If a judge thinks it’s irrelevant to the case, the other side may not even be allowed to present evidence that you were drinking, because it may unfairly prejudice the jury against you.
They already put the drunk driver in jail. Why do I need an attorney?
By putting someone in jail only punishes the criminal acts of driving while intoxicated and hurting others. It doesn’t help the injured people or their families deal with the financial consequences of the accident, which can be extremely severe: sky-high medical bills, missed work, repairs, funeral costs. It also doesn’t compensate you for the pain, suffering and other emotional losses you suffered as a result of the thoughtless actions of the drunk driver.
If you or someone you care about has been injured in an alcohol-related crash, we can help you evaluate your case.
Click here to contact us for a free case evaluation.
Can we afford a lawsuit? We’re already stretched pretty thin since the accident.
Anapol Schwartz works on contingency, which means we don’t get paid unless and until you win your case. You don’t pay us anything up front—we take a percentage of the verdict or settlement. In fact, our goal is to win you reimbursement for the money the accident forced you to spend in the first place, as well as the non-financial damages it caused, like a disability that will permanently change your life.
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