Indianapolis Drunk Driving Accident Lawyer | DUI Crash Victims | Free Consultation

TL;DR: Indianapolis Drunk Driving Accident Claims

Quick Answer: Can I sue a drunk driver who hit me?

Yes-and you may recover more than in a typical accident. Drunk driving is negligence per se (automatic negligence), and Indiana allows punitive damages to punish drunk drivers. You may also have a "dram shop" claim against the bar or restaurant that over-served them. Criminal charges don't prevent a separate civil lawsuit.

• Punitive Damages Available: Indiana allows extra damages to punish drunk drivers beyond just compensating your losses.
• Dram Shop Liability: The bar, restaurant, or social host who served the drunk driver may also be liable.
• Criminal Case Helps Your Civil Claim: A DUI conviction is powerful evidence, but you don't need a conviction to win your civil case.
• Higher Settlements: Insurance companies know juries hate drunk drivers-this creates settlement leverage.
• No Fee Unless We Win: Free consultation. Call 317-969-8000.

Indianapolis Drunk Driving Accident Lawyer - Making Drunk Drivers Pay

They made a choice. They knew they were drunk. They got behind the wheel anyway. And their selfish, reckless decision destroyed your life-or took someone you love.

Drunk driving crashes aren't "accidents." They're entirely preventable tragedies caused by people who valued their convenience over human life. Every year in Indiana, drunk drivers kill hundreds and injure thousands more. Despite decades of awareness campaigns, people still choose to drive drunk.

If you or a loved one was hit by a drunk driver in Indianapolis, you have legal options beyond what the criminal justice system provides. While prosecutors handle criminal charges, a civil lawsuit lets you hold the drunk driver financially accountable-and potentially the bar or restaurant that over-served them.

At Emerson Divorce and Accident Injury Attorneys, our Indianapolis drunk driving accident lawyers fight aggressively for victims. We pursue maximum compensation including punitive damages, and we investigate dram shop claims against establishments that illegally served intoxicated patrons.

Headquarters in Carmel with offices in Fishers and Zionsville-serving drunk driving accident victims in Indianapolis, Hamilton County, and throughout Indiana.

Free consultation: 317-969-8000

Key Topics Covered in This Video:

• ✓ Punitive Damages
  Extra compensation for drunk driver's misconduct
• ✓ Dram Shop Liability
  Suing bars that over-served the driver
• ✓ Criminal vs. Civil Cases
  How DUI conviction helps your claim
• ✓ When to Call a Lawyer
  Preserving BAC evidence and police reports

Ready to Discuss Your Drunk Driving Case?

Call 317-969-8000
Email Us

Free consultation • No fees unless we win • Available 24/7

Read Video Transcript (Click to Expand)

Jill Bracken-Emerson: "Hi, I'm Jill Bracken-Emerson, a drunk driving accident attorney serving Indianapolis and Hamilton County. If you've been hit by a drunk driver anywhere in Central Indiana, this video will explain your legal rights, including punitive damages and dram shop liability."

[Add your actual video transcript here]

Note: This transcript is provided for accessibility and SEO purposes. For the complete visual presentation, please watch the video above.

What To Do After Being Hit by a Drunk Driver

At the Scene - Document Intoxication

1. Call 911 immediately: Tell dispatch you believe the other driver is intoxicated. This ensures police prioritize the response.
2. Stay safe: Drunk drivers can be unpredictable or aggressive. Keep your distance if they seem volatile.
3. Observe signs of intoxication: Slurred speech, bloodshot eyes, smell of alcohol, unsteady movement, open containers in vehicle.
4. Don't let them leave: If safe, try to keep them at the scene until police arrive. Note their license plate if they attempt to flee.
5. Find witnesses: Other drivers or bystanders may have observed erratic driving before the crash.
6. Document everything: Photograph the scene, damage, the other driver if possible, and any visible alcohol containers.
7. Get the police report number: The report will document BAC test results and the officer's observations.

After the Scene

8. Seek immediate medical attention: Drunk driving crashes are often high-speed and cause severe injuries.
9. Request the police report: This will contain BAC results, field sobriety test observations, and any DUI charges.
10. Don't wait for the criminal case: Your civil lawsuit is separate and can proceed regardless of criminal charges.
11. Contact an attorney immediately: We need to investigate dram shop liability before evidence disappears-bars often "lose" records.

Proving the Driver Was Drunk

Blood Alcohol Content (BAC) Evidence

• Breathalyzer results: BAC of 0.08% or higher is legally intoxicated in Indiana
• Blood test results: More accurate than breath tests, often used for serious crashes
• Hospital blood draws: If the drunk driver was hospitalized, their medical records may contain BAC

Field Sobriety Test Results

• Walk-and-turn test
• One-leg stand test
• Horizontal gaze nystagmus (eye movement) test
• Officer observations of performance

Officer Observations

• Slurred speech
• Bloodshot, watery eyes
• Smell of alcohol on breath
• Unsteady balance
• Confusion or disorientation
• Open alcohol containers in vehicle

Witness Testimony

• Observations of erratic driving before the crash
• Witnesses who saw the driver drinking before driving
• Bar or restaurant staff and patrons
• Your own observations of the driver's condition

Criminal Case Evidence

• DUI conviction: Powerful evidence in your civil case
• Guilty plea: Admission of wrongdoing
• DUI arrest: Even without conviction, arrest records document evidence

You Don't Need a Criminal Conviction

Civil cases have a lower burden of proof than criminal cases. You only need to prove intoxication by a "preponderance of evidence" (more likely than not)-not "beyond a reasonable doubt." Many drunk driving civil cases succeed even when criminal charges are dropped or reduced.

Dram Shop Liability: Suing the Bar or Restaurant

Important: Indiana's dram shop law allows you to sue the establishment that served alcohol to the drunk driver. This can significantly increase your compensation-bars and restaurants often have substantial insurance coverage.

Indiana's Dram Shop Act (IC § 7.1-5-10-15.5)

Under Indiana law, you can hold a bar, restaurant, or liquor store liable if they:

• Sold or furnished alcohol to a person who was visibly intoxicated at the time of service
• That person's intoxication was a proximate cause of your injuries

What "Visibly Intoxicated" Means

The establishment must have served someone showing obvious signs of intoxication:

• Slurred speech when ordering
• Difficulty walking or standing
• Bloodshot eyes, flushed face
• Loud, boisterous, or aggressive behavior
• Spilling drinks, knocking things over

Evidence We Gather

• Bar tabs and receipts: How much did they drink? Over what time period?
• Credit card records: Proof of purchases
• Surveillance footage: Video showing the patron's intoxicated state
• Server and bartender testimony: What they observed
• Witness statements: Other patrons who saw the drunk driver
• Training records: Did the establishment properly train staff to recognize intoxication?

Why Dram Shop Claims Matter

• Additional insurance coverage: Bars carry liquor liability insurance, often $1 million+
• The drunk driver may be uninsured or underinsured: The bar provides another source of recovery
• Accountability: Establishments that over-serve should face consequences

Social Host Liability

Indiana's dram shop law also applies to social hosts who furnish alcohol to visibly intoxicated adults at private parties or events.

Punitive Damages in Drunk Driving Cases

Key Advantage: Unlike most car accident cases, drunk driving crashes often qualify for punitive damages-extra compensation designed to punish the drunk driver and deter others.

What Are Punitive Damages?

Punitive damages go beyond compensating you for your losses. They're designed to:

• Punish the defendant for especially reckless or egregious conduct
• Deter the defendant and others from similar behavior
• Express society's condemnation of drunk driving

Indiana's Punitive Damage Standards

Under Indiana Code § 34-51-3, punitive damages require proof of:

• Clear and convincing evidence (higher than preponderance)
• Conduct that is willful, wanton, or reckless

Drunk driving typically meets this standard-choosing to drive while intoxicated is inherently reckless.

Factors That Strengthen Punitive Damage Claims

• Very high BAC: Significantly above 0.08%
• Prior DUI history: Repeat offender
• Extreme speeds: Reckless driving while intoxicated
• Hit and run: Fleeing the scene after causing injury
• Wrong-way driving: Severe impairment causing catastrophic danger

Indiana's Punitive Damage Cap

Indiana caps punitive damages at the greater of:

• Three times compensatory damages, OR
• $50,000

75% of punitive damages go to the state; you receive 25%. Despite this split, punitive damages significantly increase total recovery.

Common Injuries from Drunk Driving Accidents

Because drunk drivers often fail to brake, speed excessively, and drive erratically, their crashes tend to be severe:

Catastrophic Injuries

• Traumatic brain injury (TBI): High-speed impacts cause severe brain damage
• Spinal cord injury: Paralysis from violent collisions
• Traumatic amputation: Loss of limbs in catastrophic crashes
• Severe burns: From vehicle fires

Head and Neck Injuries

• Concussion: Even "mild" TBI has lasting effects
• Whiplash: From high-speed rear-end or T-bone crashes
• Cervical injuries: Fractured or dislocated vertebrae
• Facial trauma: Fractures, lacerations, disfigurement

Orthopedic Injuries

• Multiple fractures: Throughout the body
• Pelvic fractures: From side impacts
• Shoulder injuries: Dislocations, rotator cuff tears
• Knee injuries: Ligament tears, fractures

Internal Injuries

• Organ damage: Liver, spleen, kidney injuries
• Internal bleeding: Life-threatening hemorrhage
• Herniated discs: Spinal disc injuries
• Back injuries: Vertebral fractures and soft tissue damage

Wrongful Death

Tragically, drunk driving crashes frequently result in fatalities. If you lost a loved one to a drunk driver, see our wrongful death page.

Compensation Available in Indianapolis Drunk Driving Cases

Compensatory Damages

Economic Damages

• Medical expenses: Emergency care, surgery, hospitalization, rehabilitation
• Future medical care: Lifetime care for catastrophic injuries
• Lost wages: Time missed from work
• Lost earning capacity: If permanently disabled
• Property damage: Vehicle replacement

Non-Economic Damages

• Pain and suffering: Physical pain from injuries
• Emotional distress: PTSD, anxiety, depression, anger
• Loss of enjoyment: Activities you can no longer do
• Loss of consortium: Impact on relationships
• Disfigurement: Permanent scarring

Punitive Damages

As discussed above, drunk driving cases often qualify for punitive damages-extra compensation to punish the drunk driver.

Typical Case Values

• Moderate injuries with recovery: $75,000-$200,000
• Serious injuries requiring surgery: $200,000-$500,000
• Traumatic brain injury: $500,000-$5,000,000+
• Spinal cord injury (paralysis): $1,000,000-$10,000,000+
• Wrongful death: $1,000,000-$5,000,000+

Note: Punitive damages and dram shop claims can significantly increase these figures.

Indiana Law for Drunk Driving Accident Claims

Key Indiana Statutes

• Statute of Limitations (IC § 34-11-2-4): 2 years to file a civil lawsuit.
• Dram Shop Act (IC § 7.1-5-10-15.5): Allows claims against establishments serving visibly intoxicated patrons.
• Punitive Damages (IC § 34-51-3): Available for willful, wanton, or reckless conduct.
• Operating While Intoxicated (IC § 9-30-5): Criminal statute-BAC of 0.08%+ is illegal.

Criminal vs. Civil Cases

Your civil lawsuit is completely separate from criminal prosecution:

• Different purposes: Criminal = punishment by state; Civil = compensation for you
• Different standards: Criminal = beyond reasonable doubt; Civil = preponderance of evidence
• Different outcomes: Criminal = jail/fines; Civil = money damages
• You control the civil case: You decide whether to settle or go to trial

Using Criminal Evidence in Your Civil Case

• DUI conviction is admissible and powerful evidence
• Police reports documenting BAC are evidence
• Guilty pleas are admissions of wrongdoing
• Even without conviction, arrest records support your claim

Related Accident Types

• Drugged Driving Accidents
• Head-On Collisions
• Hit and Run Accidents
• Intersection Accidents
• Wrongful Death

Frequently Asked Questions

Related Practice Areas

Car Accidents
Wrongful Death
Truck Accidents
Types of Injuries

Hit by a Drunk Driver? We'll Make Them Pay

We pursue punitive damages, dram shop claims, and every dollar you deserve. Drunk drivers must face consequences.

Call 317-969-8000
Free Case Review

No fee unless we win. Headquarters in Carmel serving Indianapolis, Hamilton County & all of Indiana.