If a drunk driver injured you or killed a loved one in Delaware, you have a civil claim that is completely separate from the State’s DUI prosecution. The criminal case punishes the driver; the civil case compensates you — and because drunk driving is more than ordinary carelessness, punitive damages designed to punish reckless conduct are often on the table.

Drunk Driving Injury Claims: Key Facts

  • Two cases, two standards: The driver can be acquitted criminally and still be liable to you civilly – the civil burden of proof is lower.
  • Punitive damages: Delaware allows punitive damages for conduct showing reckless indifference to the rights of others. Intoxicated driving is a classic example.
  • The conviction helps: A DUI guilty plea or conviction is powerful evidence in your civil case.
  • Deadline: 2 years from the crash (10 Del. C. § 8119) – but evidence like bar receipts and blood results should be preserved immediately.

Who Can Be Held Responsible

The drunk driver is the primary defendant, but we investigate every source of recovery: the vehicle’s owner (negligent entrustment), employers when the driver was working, and all available insurance including your own UM/UIM coverage. Note that Delaware does not have a dram shop statute, so claims against bars and restaurants for over-serving are generally not available — which makes identifying every other coverage source critical.

We represent DUI crash victims throughout Delaware, from Wilmington and Newark to Dover, Milford, Seaford, and the beach communities. Related: Car Accidents, Wrongful Death, UM/UIM Claims.

Drunk Driving Victim FAQs

Should I wait for the criminal case to finish?

No. Start the civil claim immediately so evidence is preserved and deadlines are protected. We coordinate with the criminal case timeline strategically.

What are punitive damages worth?

They vary with the driver’s conduct – blood alcohol level, prior DUIs, speed, and whether children were endangered all matter. They are awarded on top of your compensatory damages.

The drunk driver died in the crash. Do I still have a claim?

Yes. Claims proceed against the driver’s estate and insurance coverage.

Injured by a drunk driver? Call The Inkell Firm at (302) 297-7775. Free consultation, no fee unless we recover.