In this guide, we will look at whether you could sue a drunk driver if they caused you to sustain injuries in a car accident. To make a personal injury claim, it is important to prove that a breach of a duty of care was the cause you sustaining injuries in an accident.
Can I sue a drunk driver?
Every road user has a duty of care to navigate the roads safely to prevent causing harm to one another. This includes drivers, cyclists and pedestrians.
This duty of care is outlined in the Road Traffic Act 1988. Also, The Highway Code outlines the safe use of the roads by providing guidelines and rules, some of which are backed by laws, for road users to follow.
Under the Act 1988, road users can face penalties under this act for dangerous driving, including driving a car under the influence of alcohol.
A road traffic accident could result in severe and life-changing injuries, such as a serious break or fracture, amputations or a head injury involving brain damage and a concussion. Continue reading this guide to learn how you could be eligible to receive a compensation payout for the harm you have been caused.
Alternatively, use the details below to speak to one of our expert advisors. They can provide free and confidential legal advice about making a claim for your injuries following a car accident. They could also advise you on whether you could be suitable to pursue your case alongside a solicitor on a No Win No Fee basis.
To get in touch, you can:
- Call us on 0800 408 7827
- Fill out our online form to contact us
- Write us a message using the live chat feature on this page.
Choose A Section
- Can I Sue A Drunk Driver If They Injure Me In A Road Accident? – A Guide
- When And How Can I Sue A Drunk Driver?
- What Evidence Could Help In A Road Traffic Accident Claim?
- What Could I Receive From A Road Accident Claim?
- How Can I Make A Claim For A Road Accident On A No Win No Fee Basis?
- Learn More About How To Sue A Drunk Driver
Can I Sue A Drunk Driver If They Injure Me In A Road Accident? – A Guide
Drunk driving occurs when a driver has consumed over the legal limit of alcohol. The drink drive limit in England, Wales and Northern Ireland is 35 micrograms of alcohol per 100 millilitres of breath.
There are penalties involved with drink-driving, such as a fine or a driving ban. If another driver was drunk while operating their vehicle and caused you to sustain harm in an accident, this would be a breach of their duty of care.
This guide will look at the criteria of eligibility that must be met to make a compensation claim. Also, we will discuss the evidence you could provide to support your potential claim.
Contact our team of advisors if you would like to ask, ‘can I sue a drunk driver?’.
When And How Can I Sue A Drunk Driver?
A criteria of eligibility must be met to make a road traffic accident claim. Firstly, another road user must have owed you a duty of care. Then, they must’ve breached their duty of care, leading to the accident. In this instance, the breach would be drunk driving. Finally, this must have resulted in you sustaining injuries.
It is important to note it isn’t only drivers that can claim compensation for their injuries; if you were passenger in a car accident or in an accident in a taxi or minicab caused by another road user’s negligence, you could also be eligible to make a claim.
Furthermore, it is possible to make a compensation claim if you do not get the details of the liable driver because they flee the scene or are uninsured. You would do this by making a claim through the Motor Insurers’ Bureau (MIB), which works in partnership with insurers, Police, and the DVLA. The MIB provides those involved in an accident with an uninsured or untraceable driver a way to seek compensation.
Speak to our advisors to learn more about claiming through the MIB. Additionally, speak to them to make an enquiry into whether you could sue a drunk driver for the harm you were caused.
How Do I Make A Whiplash Claim?
The process of making a claim for whiplash changed as of the 31st of May 2021, when the Whiplash Reform Programme was introduced. This means that adult passengers and drivers of a vehicle, whose whiplash or soft tissue injuries are valued at £5,000 or less, must now use the government’s Official Injury Claims portal to make a claim.
In doing so, the injuries will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. This tariff is applicable to all occupants inside a vehicle. As such, if you are not required to make your claim via the portal, your whiplash or soft tissue injuries may still be valued in line with the tariff. If you have other injuries not included in the tariff, they will be valued in the traditional way.
To learn more about claiming for a whiplash injury, speak to one of our advisors.
What Evidence Could Help In A Road Traffic Accident Claim?
Following a road traffic accident, seeking immediate medical attention for your injuries is important. Not only could this ensure you receive treatment for your injuries, but the medical records could also provide useful evidence for a compensation claim.
It is important to gather evidence to support your claim. Some evidence you could obtain includes:
- Dashcam or CCTV footage
- Photographic evidence
- Police report, if applicable
- Witness contact details
Additionally, we recommend seeking legal advice. Speak to a member of our team to learn more about the evidence that could be provided for a road traffic accident compensation claim. They can also provide guidance if you’re still wondering ‘can I sue a drunk driver?’.
What Could I Receive From A Road Accident Claim?
For a successful road accident claim, you could receive up to two potential heads within your settlement:
- General damages – This head of claim accounts for the impact any psychological and physical injuries have had on your quality of life, including the pain and suffering you have experienced.
- Special damages – This head of claim accounts for financial losses caused by the injuries.
To take a closer look at general damages, we have provided a table using the Judicial College Guidelines (JCG), updated in April 2022, as it provides compensation brackets relating to different injuries. Solicitors use this document to help them value general damages in personal injury claims, including road traffic accidents.
| Injury | Compensation Bracket |
|---|---|
| Very Severe Brain Damage (a) | £282,010 to £403,990 |
| Moderate Brain Damage (c) (ii) | £90,720 to £150,110 |
| Moderate Psychological Injury (c) | £5,860 to £19,070 |
| Injury Affecting Sight (c) (i) | £95,990 to £179,770 |
| Chest Injury (b) | £65,740 to £100,670 |
| Moderate Back Injury (b) (ii) | £12,510 to £27,760 |
| Severe Neck Injury (a) (i) | In the region of £148,330 |
| Leg Injury (a) (i) | £240,790 to £282,010 |
| Hand Injury (b) | £55,820 to £84,570 |
| Foot Injury (b) | £83,960 to £109,650 |
Please consider the compensation amounts included in the table as a guide. Every case is unique, and therefore, the amount awarded differs.
Special Damages In A Personal Injury Claim
Under special damages, you may be able to claim reimbursement for certain monetary losses incurred due to your injuries, including:
- Loss of earnings
- Care costs
- Travel expenses
- Housing adaptations costs
It is crucial to know that you must keep evidence of any special expenses you intend to claim. You could keep travel tickets or receipts, for example. To learn more about the compensation you could be awarded after you sue a drunk driver, please get in touch with our team.
How Can I Make A Claim For A Road Accident On A No Win No Fee Basis?
A solicitor could offer you the option of entering into a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. Using a solicitor under this type of agreement could prove beneficial, as it means:
- You generally won’t have to make any upfront or ongoing payments for a No Win No Fee solicitors services.
- You typically won’t have to make any payments for their services should your claim not succeed.
A solicitor will generally take a small legally capped percentage of the compensation in a successful claim. This is referred to as a ‘success fee’.
Speak to one of our advisors for an assessment of your claim. Should they find you could be eligible, they may be able to place you in contact with one of the specialist road traffic accident solicitors from our panel.
Can I Make A Road Traffic Accident Claim? – Contact Us For Free Legal Advice
Please speak to a member of our team today if you still have questions about whether you could sue a drunk driver. Our advisors are available 24/7 to provide you with expert legal advice.
You can:
- Call us on 0800 408 7827
- Fill out our online form to contact us
- Write us a message using the live chat feature on this page
Learn More About How To Sue A Drunk Driver
Take a look at more of the guides on our website to gain more knowledge on road traffic accident claims:
- Can A Pedestrian Sue If Hit By A Car?
- How To Sue For A Broken Elbow – £84,000 Road Accident Case Study
- Can I Sue Someone For A Personal Injury?
Also, we have provided external sources below on road traffic accidents for further reading:
- The Crown Prosecution Service (CPS) – Driving Offences
- GOV – Vehicle insurance: If you’re in an accident
- NHS – Urgent and emergency care services
Thank you for reading this guide on how to sue a drunk driver. If you have any other questions, please get in touch on the number above.