What To Do if You Were Hit by A Drunk Driver
Key Takeaways
Drunk and drug-impaired driving significantly increases the risk of serious and fatal crashes.
After any accident, prioritize safety, medical care, and documentation of the scene and witnesses.
Hawaii’s no-fault system covers initial medical expenses, but you may pursue claims against the impaired driver and, in some cases, alcohol-serving businesses.
Additional compensation may be available through third-party claims, wrongful death claims, or even criminal restitution.
It is not surprising that alcohol and drugs are factors in more and more car accidents. These substances impair a driver’s ability to operate a vehicle in a manner that upholds their duty of care. As a result, impaired drivers run the serious risk of causing a motor vehicle collision that may result in death or serious bodily injuries to other motorists and pedestrians.
Not every negligent driver who causes a car accident faces criminal as well as civil repercussions. However, those proven to have a blood alcohol content (BAC) over the legal limit and those whose consumption of alcohol or drugs impairs their ability to safely operate a vehicle face both an administrative revocation of their driver’s license and a criminal charge of operating a motor vehicle under the influence.
If you want to understand what you should do if you or someone you love was hit by a drunk driver, Daniel T Pagliarini AAL can help. Our Honolulu, HI car accident lawyer represents injured clients and their families throughout the Hawaiian Islands. Give us a call or read on for more information.
Steps to Take After a Drunk Driving Crash
The immediate steps after a drunk driving crash are similar to the to-do list of any other motor vehicle accident:
Move to a safe location if possible
Call 911 to report the crash and request medical assistance
Seek medical attention, even if injuries seem minor
Exchange contact and insurance information with the other driver
Get names and contact information for witnesses
Take photos of the vehicles, road conditions, and any visible injuries
Law enforcement will document signs of impairment and gather key evidence. You should also notify your insurance provider promptly.
Because drunk driving cases may involve additional avenues for financial recovery, it is important to contact a personal injury attorney as soon as possible.
Who Is Liable in a Drunk Driving Accident in Hawaii?
Hawaii is a no-fault state for auto insurance, which simply means that regardless of fault, each party’s no-fault insurance covers their respective accident-related medical treatment.
Your auto no-fault coverage provides for personal injury protection (PIP) benefits which can be accessed immediately, regardless of who was at fault for the crash. If your total medical expenses exceed your PIP limits, (usually $10,000.00) you should then notify all medical providers to bill your primary health insurer for the remaining outstanding treatment.
Can Bars or Restaurants Be Held Liable?
Hawaii does not have a traditional “dram shop” statute, but case law allows injured victims or surviving family members to pursue claims against businesses that sell or serve alcohol in certain situations. This may apply if a business:
Served alcohol to someone who was clearly intoxicated
Failed to act reasonably in preventing an impaired person from driving
These claims are separate from the case against the drunk driver and require proof that the business’s negligence contributed to the crash.
Criminal Charges and Restitution
Driving under the influence is a criminal offense. If the impaired driver is convicted, that can help establish liability in your civil case.
Hawaii may also provide criminal restitution to victims. If your damages exceed available insurance coverage or a civil judgment, you may be able to seek additional compensation through the criminal process. This is separate from a personal injury lawsuit.
Does Hawaii Award Punitive Damages?
Punitive damages are intended to penalize a defendant for grossly negligent acts or when their actions were extremely reckless. Punitive damages are rarely awarded by juries in Hawaii but may be awarded if the defendant’s behavior is judged to be deplorable.
An experienced Hawaii auto accident lawyer will know whether the drunk driver’s behavior reached a level that could make your lawsuit eligible for a punitive damage award.
What If My Loved One Died Because of a Drunk Driver?
If your loved one passed away as a result of a drunk driving crash, certain surviving family members and the estate representative are eligible to file a wrongful death claim. This type of claim allows recovery for:
Funeral and burial expenses
Loss of financial support
Loss of companionship and care
Emotional suffering and other damages
Although the legal standard for proving negligence is similar to a personal injury case, the damages are different and focus on the impact of your loved one’s loss.
Protect Your Health and Your Rights
At Daniel T Pagliarini AAL, we treat every personal injury and wrongful death case with the utmost respect. Every client receives the full benefit of our experience, knowledge, and personal attention. When a drunk driver causes harm and losses, there are reasons why these cases are unique. We pay attention to those differences.
If you have been injured by a drugged or drunk driver in Hawaii, or if someone you loved was incapacitated or killed, let us help you get the compensation you deserve. Call one of Hawaii's top-rated personal injury attorneys, Dan Pagliarini, now to schedule a free case consultation.
