What Should You Do If a Drunk Driver Hits You During the Holiday Season?

Direct Answer Summary

If a drunk driver hits you during the holiday season, protect your safety first, call 911, get medical care right away, and preserve as much evidence as possible. A civil claim may seek compensation for medical costs, lost wages, pain and suffering, property damage, and other losses. In some cases, liability may extend beyond the drunk driver to a bar, restaurant, or venue that served alcohol irresponsibly.  

Short Answer

Get to safety, involve police immediately, seek medical treatment, document the scene, and be careful with insurance communications after a holiday drunk-driving crash.  

Key Takeaways

• Safety and emergency response should come first after a suspected drunk-driving crash
• Early evidence can be especially important in an alcohol-related injury case
• Medical follow-up matters even when symptoms are delayed
• The drunk driver may not be the only party who can be held financially responsible
• Punitive damages may be available in some DUI injury cases

Why This Matters

Holiday drunk-driving crashes can be especially damaging because they often involve violent impact, serious injuries, and more than one possible insurance or liability issue. These cases also move quickly. Police reports, witness memories, surveillance footage, and signs of impairment can become much harder to prove if they are not preserved early.  

What Should You Do First After a Drunk-Driving Crash

Focus on safety, call 911 immediately, and tell dispatch if you believe the other driver is impaired.  

If you can move safely, get out of traffic and wait for emergency responders. Ask for medical help for yourself and anyone else who may be hurt. When police arrive, they may assess impairment, document the scene, and prepare a crash report that can become an important part of the injury claim.  

Why Should You Accept Medical Evaluation Right Away

Immediate medical care protects both your health and the connection between the crash and your injuries.  

Adrenaline can hide serious injuries in the first minutes after a collision. Drunk-driving crashes often involve severe impact, and delayed symptoms are common, especially with brain, neck, and soft-tissue injuries. Following up with a doctor promptly and continuing treatment can also make it harder for an insurer to argue that the injuries were minor or unrelated.  

What Evidence Should You Gather at the Scene

Collect as much scene evidence as your condition safely allows.  

Helpful evidence may include:

• Photos of vehicle damage
• Photos of the road, debris, and skid marks
• Photos of visible injuries
• Video showing the other driver’s behavior
• Names and contact information for witnesses
• The responding officer’s name and badge number  

If the other driver says they were drinking, that statement can matter later. If you are too injured to document the scene yourself, ask a passenger or bystander to help.  

Why Should You Be Careful With the Other Driver’s Insurance Company

The at-fault driver’s insurer may try to limit what it has to pay.  

In DUI injury cases, insurers may ask recorded questions, push a low settlement, argue that alcohol was not the real cause, or try to shift part of the blame onto you. It is risky to give a recorded statement, sign documents, or accept money before the full scope of the injuries is clear.  

How Does Liability Usually Work in a Drunk-Driving Injury Case

The drunk driver is usually the main negligent party, but that may not be the only source of recovery.  

A claim against the impaired driver may include compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage
• Long-term rehabilitation
• Disability or disfigurement
• Wrongful death damages in fatal cases  

Some DUI crashes cause such serious harm that the driver’s policy limits are not enough, which is why other liability paths may matter too.  

Can Punitive Damages Apply After a Drunk-Driving Crash

Yes, punitive damages may be available when the conduct is especially reckless.  

Unlike ordinary injury damages, punitive damages are meant to punish dangerous behavior. Driving drunk, especially when it causes serious injury or death, may be serious enough to support that kind of claim when state law allows it.  

Can a Bar, Restaurant, or Venue Be Liable Too?

Sometimes yes, depending on state dram shop law and the facts.  

A business that serves alcohol may face liability when it:

• Served a visibly intoxicated person
• Kept serving someone who was clearly drunk
• Served alcohol to a minor
• Ignored signs that the customer should not be driving  

These claims can depend on fast evidence preservation. Surveillance footage, receipts, witness accounts, and staff testimony may all matter, and some of that evidence can disappear quickly.  

Why Do Drunk-Driving Crashes Increase During the Holidays

The holiday season puts more impaired, tired, and distracted drivers on the road.  

Common factors include:

• Holiday parties and social drinking
• Long-distance travel on unfamiliar roads
• Reduced rideshare availability in busy holiday areas
• Stress and fatigue from packed schedules
• New Year’s Eve, which is often one of the most dangerous nights for impaired driving

What Compensation Can You Recover After Being Hit by a Drunk Driver

A drunk-driving injury claim may include economic damages, non-economic damages, and sometimes punitive damages.  

What Economic Damages May Be Available?

Economic damages cover financial losses tied to the crash.  

Common examples include:

• Emergency room bills
• Surgeries and procedures
• Physical therapy
• Prescription medication
• Lost wages
• Reduced earning capacity
• Property damage  

What Non-Economic Damages May Be Available?

Non-economic damages cover the personal impact of the injuries.  

These may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring or disfigurement
• Loss of companionship in wrongful death cases  

---

Frequently Asked Questions

Should You Still Call Police if the Other Driver Tries To Talk You Out of It?

Yes. Police documentation is especially important in a suspected DUI crash because it may capture signs of impairment, sobriety testing, and other critical evidence.  

Can You Bring a Civil Claim Even if the Driver Is Criminally Charged?

Yes. A criminal DUI case and a civil injury claim are different matters. A civil claim focuses on compensation for the victim’s losses.  

What If the Drunk Driver’s Insurance Is Not Enough?

Other possible sources of recovery may include your own uninsured or underinsured motorist coverage and, in some cases, a dram shop claim against a business that contributed to the driver’s intoxication.  

Next Steps

If a drunk driver caused the crash, act quickly. Get medical care, preserve evidence, avoid careless insurance statements, and identify every possible source of recovery while the proof is still fresh. In holiday DUI cases, the strongest claims are often the ones built early and carefully.  

How Can All 50 Law Help In These Situations

All 50 Law helps people understand what may matter after a drunk-driving crash, including evidence preservation, insurance issues, punitive damages, and whether a dram shop claim may also be possible. When the collision causes serious injuries or a fatal loss, All 50 Law works across jurisdictions and connects people with attorneys who handle personal injury matters under applicable state laws.

When injuries involve shared fault or comparative negligence, determining responsibility often requires reviewing evidence, and insurance coverage. All 50 Law helps coordinate that process by providing access to legal professionals who can explain how liability may be evaluated and what steps may follow.

This article was written and reviewed by Marshall Silver, Esq., a New York-licensed personal injury attorney. This content is for general informational purposes only and does not constitute legal advice.