There's no question that drunk drivers put other drivers in danger. They can't react at the same speeds as normal, and they make mistakes others wouldn't. Drunk drivers may fall asleep behind the wheel or take risks they shouldn't.
As someone hurt in a drunk-driving accident, you reserve the right to pursue a claim against the driver. The driver may face criminal charges as well, and the outcome of that case could help confirm and affirm your claim.
When a person is in an accident, he or she provides probable cause for an officer to test his or her blood alcohol concentration (BAC) if the officer believes alcohol may have been involved. The officer may ask those at the scene to perform field sobriety tests or seek blood tests from the hospital to find out if a driver was drunk at the time of the collision.
When a serious collision leads to injuries or a death, the law may require that you or anyone else in the accident is tested for alcohol in your systems. This helps them identify who is most likely to blame or to rule out alcohol as a cause of a serious or fatal accident.
If a driver is drunk at the time of an accident and it can be proven, you're in a good position to file a claim for compensation in a civil lawsuit. If you lose a loved one, you can pursue a wrongful death lawsuit, which could help you recover costs associated with medical care or funeral preparations. Your attorney can help you prepare your claim.
Source: FindLaw, "Drunk Driving Accidents," accessed Jan. 04, 2018