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Drink Driving Car Accident Claims – Can I Get Compensation?

By Lewis Cobain. Last Updated 2nd July 2024. Welcome to our guide on drink driving car accident claims. Driving while under the influence of alcohol is punishable under the law. However, road traffic accidents still occur as a result of drivers being over the legal alcohol limit.

If you have been injured in an accident caused by a drink driver, then you may be eligible for compensation awarded due to making a personal injury claim. Our guide covers all you need to know about drink driving and the process of claiming compensation for your injuries.

A man drives a car while drinking a bottle of alcohol

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What Is The Drink Drive Limit?

In Northern Ireland, Wales and England, the maximum limit of blood alcohol for a person in control of a motor vehicle is still 80mg/100ml blood. However, in Scotland, the limit was lowered in 2014 (December 5th) to 50mg per 100ml.

The Government’s Road Safety Strategy in 2000 suggested that a reduction in the drink driving limit could prevent two hundred and fifty injuries, many of them serious each year, and that it could potentially lead to 50 fewer lives being lost due to drink driving.

A later review suggested this number would be larger, with 65 lives being saved and 230 serious injuries prevented.

The government, in 2010, commissioned research from Sir Peter North in order to review the legal limit. RoSPA’s evidence offered to the review proved that the risk of an accident sharply rises to 2-2.5 times for those persons with blood alcohol levels of 50mg-80mg.

Further to this, an international study concerning the introduction or lowering of limits for drink driving found that these actions led to a smaller number of injuries, deaths and accidents on the roads.

Currently, however, the legal blood level of 80mg still remains in England and Wales.

What To Do If You Are Hit By A Drunk Driver

As part of the car accident claims process, you will need to submit evidence. This needs to prove liability for your injuries. Examples of evidence that could help drink driving car accident claims include:

  • Witness contact information. If you take down the contact details from anyone who saw the car crash, they can give a statement later on in the claims process.
  • Police report. You can submit a copy of the police report.
  • Medical records. A copy of your medical records can help illustrate your injuries and prognosis.
  • Photographs. You can submit any relevant images, including of the accident scene, your injuries and damage to your vehicle.
  • Video footage. For example, from a dash cam.

If you have any questions about gathering evidence, please speak to a member of our advisory team.

Who Can Claim After Being Hit By A Drunk Driver?

Now that you know more about what drunk driving is, you might be wondering who can make drunk driving accident claims and when.

Driving while intoxicated is an offence under Section 5 of the Road Traffic Act 1988. When a road user chooses to drive while under the influence of alcohol, this is a breach of their duty of care.

All those who use the roads owe a duty of care to one another, which means that they need to use the roads in a way that minimises the risk of harm to others. To adhere to the duty of care, while on the roads, road users need to follow the Road Traffic Act 1988 as well as the Highway Code.

Unfortunately, being involved in a car accident is not enough to claim drunk driving accident compensation. You also need to be able to prove that you were injured in the accident.

Our team of advisors can help if you’d like to learn more. They can answer any questions you might have, like “I got hit by a drunk driver, what am I entitled to?” and could potentially connect you with one of our expert road traffic accident solicitors.

Common Accidents Caused By Drunk Drivers

Drink driving crashes can have a serious impact on all involved. Some incidents can cause severe injuries, including mental health problems such as post-traumatic stress disorder (PTSD). In some cases, a fatal accident could happen.

However, you might wonder, ‘what are some examples of drink driving accidents?’ We’ve listed some below:

  • Pedestrian accidents – A pedestrian might not be spotted by a drunk driver due to them having impaired vision, particularly at night.
  • Head-on collisions – If a driver is over the limit and becomes drowsy, they may veer into traffic causing a head-on collision.
  • Rear-shunt accidents – When a driver is intoxicated, their reaction time is likely to be slower than usual, therefore they may be unable to stop quickly enough when a driver in front of them slows down.

If you have suffered harm due to a car accident involving a drunk driver crash, you might consider making a claim. Our advisors are on hand 24/7 to offer free legal advice.

How Much Compensation For Drink Driving Car Accident Claims?

If you make a successful claim for being struck by a drunk driver, your settlement may consist of up to two heads of loss. These are called general and special damages.

To compensate for your physical pain and mental suffering caused by the car crash, you will be awarded general damages (if your claim is successful). To help when valuing this head of loss, those tasked with doing so may consult the compensation guidelines published by the Judicial College (otherwise titled the ‘JCG’). These guidelines offer a list of guideline figures for different types of injury and consider the severity along with the impact your injuries will have on your life.

To illustrate how compensation could be awarded for car accident claims, we’ve provided a table. In the top row, we look at a figure that could be awarded for claimants who suffer multiple injuries of a very severe nature plus special damages (we explain special damages below the table). The following rows look at figures from the JCG. Please note that the top row was not taken from the JCG. Additionally, as all claims are awarded based on their individual merits, this table does not represent your unique circumstances. Therefore, it should only be used as a guide.

InjuryCompensation Guideline
Multiple Severe Injuries Combined With Special DamagesUp to £1,000,000+
Severe Brain Damage (a)£344,150 to £493,000
Moderate Brain Damage (c) (iii)£52,550 to £110,720
Kidney Injuries (a)£206,730 to £256,780
Severe Back Injuries (a) (i)£111,150 to £196,450
Severe Neck Injuries (a) (i)In the region of £181,020
Chest Injuries (b)£80,240 to £122,850
Serious Shoulder Injuries (b)£15,580 to £23,430
1+ Whiplash Injuries & 1+ Psychological Injuries£4,215
1+ Whiplash Injuries£4,345

In addition to compensation for your pain and suffering, you could also be awarded special damages. This head of loss is to compensate for the expenses incurred as a result of your injuries.

Examples of special damages that could be recovered as part of drink driving car accident claims include:

  • Loss of earnings.
  • Medical expenses.
  • Home help, such as childcare or a cleaner while you recover.
  • Travel costs to medical appointments.

It’s vital to maintain detailed records and evidence of these expenditures. Without proof, you could find it very difficult to have these costs reimbursed.

For more information on what can be reclaimed, speak to our advisors today.

Drink Driving Solicitors – No Win No Fee Drunk Driving Claims

If you are injured in a road traffic accident that involves drink driving, solicitors could help you gather evidence. If you are concerned about the fees involved with using a solicitor, a No Win No Fee arrangement might be of interest to you. Solicitors working on this basis may offer you a variation of a No Win No Fee known as a Conditional Fee Agreement. It typically means you don’t have to pay ongoing fees and you usually won’t have to make an upfront payment either.

As part of the arrangement, you’ll pay your solicitor a legally capped success fee from your compensation but this is only if your claim succeeds. Should your claim fail, you won’t be expected to pay your solicitor for their work.

If you have been harmed in an incident involving drink driving, our No Win No Fee solicitors could help you secure compensation. Find out more about how you can get in touch for free 24/7 legal advice in our next section.

Call Us Today

It could not be easier to get in touch with our experienced team. Simply:

and one of our staff will be happy to answer any questions you might have about your accident caused by a drunk driver. This is whether it is taking you through the car accident claims process step by step, advising you further on what sort of damages might be claimed for, or answering questions about car accident compensation. We will answer your questions and try and help you move your case forward if we can.

Remember, you can also use the live chat function, or see if you have a claim online by filling out the form on our website.

Whatever your needs, and whatever your injuries caused by someone that should not have been driving drunk, we will be sure to advise you honestly, clearly and sympathetically as to what to do next, and can help you begin a claim for compensation should you decide that we are the best car accident claim company for your specific needs.

Helpful Links

We also have some other guides on car accident claims that you may find useful:

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    Meet The Team

    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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