Hit by a Drunk Driver in Delaware: What Can You Claim?
The choice to get behind the wheel while intoxicated isn't a moment of carelessness. It's a deliberate decision made knowing the risk it creates for everyone else on the road. Delaware law gives you the right to recover more than the crash cost you.
The choice to get behind the wheel while intoxicated is not a moment of carelessness. It is a deliberate decision made knowing the risk it creates for everyone else on the road.
This guide explains how the law changes when the driver who hit you was drunk, what additional compensation you may be entitled to, and what you need to know before the insurance company tries to treat it like any other accident.
How Does a DUI Affect Fault in Your Delaware Claim?
In any Delaware personal injury claim, fault is determined by whether the other driver failed to act responsibly on the road. When a driver was legally intoxicated at the time of the crash, that question is already answered.
The Fault Question Is Already Answered
A blood alcohol level above 0.08%, a failed field sobriety test, or a DUI charge at the scene is direct evidence of negligence. It shows the driver was impaired, that they chose to drive in that condition, and that their decision directly put you at risk.
The 51% Rule and DUI Evidence
Under Delaware's 51% rule, the stronger the evidence of the other driver's fault, the harder it becomes for their insurance company to shift blame onto you. A documented DUI is one of the strongest fault indicators that can appear in a personal injury claim.
Can You Claim More Than Your Medical Bills and Lost Wages?
Yes — and this is where a drunk driving claim differs significantly from a regular motor vehicle injury case.
In most auto accident claims, compensation covers what the accident cost you. When the at-fault driver was drunk, Delaware law allows for an additional category of damages designed not to compensate you, but to punish the driver for their reckless behavior. These are called punitive damages.
- Medical bills
- Lost income
- Pain and suffering
- Future treatment needs
- Awarded on top of compensatory damages
- Reflects the choice to drive impaired
- Available in reckless conduct cases
- Amount can be significant in serious crashes
Drunk driving is not treated as a simple mistake in Delaware courts. Getting behind the wheel while intoxicated is a choice, and it is treated as reckless behavior. Juries can award punitive damages to reflect that. The amount depends on the circumstances of the case, but in serious crashes, these monetary awards can be significant on top of your regular compensation.
Hit by a Drunk Driver in Delaware?
You may be entitled to more than you think. Let us tell you what your case is worth.
Can You Sue the Bar That Served the Drunk Driver in Delaware?
In many states, bars and restaurants can be held legally responsible if they overserve a customer who then drives drunk and causes an accident. This is called dram shop law.
Delaware Does Not Have Dram Shop Liability
Delaware courts have ruled that there is no legal basis to hold a bar or restaurant responsible for injuries caused by someone they served alcohol to, regardless of how much they drank or how old they were.
Your claim in Delaware is against the drunk driver and their insurance policy. If you believe there may be additional parties involved in your specific situation, an attorney can advise you on what options exist.
How the Criminal Case Affects Your Civil Claim
When a drunk driver causes an accident in Delaware, two separate cases can follow. These are separate processes, but what happens in one can directly affect the other.
Criminal DUI Case
The state files criminal charges against the driver for driving under the influence. This typically moves forward before a civil claim.
Civil Injury Claim
You pursue a claim to recover compensation for your injuries — including punitive damages when the driver was intoxicated.
A DUI conviction in criminal court becomes powerful evidence in a civil case. It confirms the driver was legally intoxicated, that they were found guilty of a crime, and that a court has already determined their conduct was unlawful. That conviction makes it significantly harder for their insurance company to dispute fault or argue that the driver was not impaired at the time of the crash.
The criminal case typically moves forward before a civil claim. Your attorney can coordinate with that timeline to make sure the outcome works in your favor rather than letting it pass without being used.
What to Do After Being Hit by a Drunk Driver in Delaware
The steps you take immediately after the accident can directly affect both the criminal case against the driver and your own civil claim. Here is what to do:
- Call the Police Immediately A police report is essential in a drunk driving case. Officers will conduct sobriety tests, document the driver's condition, and record any evidence of intoxication at the scene. This becomes the foundation of both the criminal and civil case.
- Do Not Engage With the Other Driver A drunk driver may be agitated, aggressive, or confused. Stay in your vehicle, keep a safe distance, and let law enforcement handle the interaction.
- Document Everything Photograph the scene, vehicle damage, any open containers visible in the other vehicle, and your injuries. Note the time, location, and any witnesses present.
- Collect Witness Information Independent witnesses who observed the driver's behavior before or after the crash can strengthen both the DUI charge and your civil claim.
- Seek Medical Attention Immediately Get evaluated within 24 hours even if you feel fine. Documentation of your injuries tied to the date of the crash is critical for your claim.
How The Inkell Firm Can Help You
A drunk driving case carries more legal weight than a typical car accident claim, and an experienced attorney can leverage maximum compensation for you in this type of case. The evidence moves fast, the criminal and civil cases can overlap or run alongside each other, and the opportunity to claim additional damages exists only if the case is built correctly from the start.
The Inkell Firm has spent years on both sides of personal injury claims. We know how insurance companies respond when a DUI is involved, and we know how to make sure the outcome of the criminal case strengthens your civil claim. If you were hit by a drunk driver in Delaware, contact us today for a free consultation before the other side gets too far ahead.
Frequently Asked Questions
What if the drunk driver was not charged with a DUI at the scene?
A criminal charge is not required to pursue a civil claim. If evidence suggests the driver was impaired — including witness accounts, dashcam footage, erratic driving behavior, or a blood alcohol test taken later — your attorney can still build a strong negligence case without a DUI charge on record.
Can I still file a civil claim if the drunk driver was found not guilty in criminal court?
Yes. Criminal and civil cases operate under different standards of proof. A not-guilty verdict in criminal court does not prevent you from pursuing compensation in a civil claim. The evidence that failed to meet the criminal standard may still be sufficient to establish negligence in your civil case.
What if the drunk driver has no insurance or limited coverage?
If the drunk driver is uninsured or underinsured, your own uninsured or underinsured motorist coverage may be able to step in to cover your damages. Delaware requires insurers to offer this coverage, but drivers can choose to reject it in writing. If you accepted it when you took out your policy, it becomes an important source of compensation in exactly this situation. An attorney can review your policy to confirm what you are entitled to.
How long do I have to file a claim after a drunk driving accident in Delaware?
Delaware's statute of limitations for personal injury claims is two years from the date of the accident. Do not wait. Evidence from the scene, blood alcohol records, and witness accounts are strongest in the days immediately after the crash.
Can I claim compensation if I was a passenger in the drunk driver's vehicle?
Yes. As a passenger, you were not responsible for the decision to drive drunk. You have the right to file a claim against the drunk driver's insurance policy for your injuries, regardless of your relationship with the driver.
They Made a Choice. You Get to Answer It.
A confidential conversation with The Inkell Firm carries no obligation. We coordinate with the criminal case and build a civil claim that captures every dollar available — including punitive damages.