Can I make a personal injury claim if I was drunk at the time of my car crash?

As with most legal questions, this can be answered in two words: that depends.

Let’s take a look and see when you can make a claim if you were a drunk driver or drunk passenger injured in a car crash and when you cannot make a claim if you were a drunk driver or drunk passenger injured in a car crash.

Drunk Driver

In DC, Maryland, and Virginia you cannot make a claim for your injuries if you were even a little bit at fault for the crash. This is the doctrine of contributory negligence. Contributory negligence is an antiquated legal doctrine that means an injured person must be 0% a fault for their injuries or they can’t make a recovery.

In order for the injured person to be contributorily negligent, the injured person’s negligence must be a direct and proximate cause of the car crash and their injuries. This means if the injured person’s intoxication, inebriation, or impairment didn’t have any effect on the crash then they can still make a recovery. In other words, if the same crash and injuries would have happened if the driver had been sober, then alcohol was not a factor.

Example 1: Polly Plaintiff is drunk and operating a motor vehicle. Polly is stopped at a red light when she is rear-ended by Ned Negligent. Polly’s drunkenness and blood alcohol concentration is likely irrelevant to how the crash happened and her liability claim for her injuries against Ned Negligent is probably not barred.

Example 2: Vince Victim is crossing the street coming home from a bar. He has a walk sign and is walking in a crosswalk when Dani Defendant runs a red light and hits Vince Victim. Vince Victim’s drunkenness and blood alcohol concentration is likely irrelevant to how the crash happened and his liability claim for his injuries against Dani Defendant is probably not barred.

Example 3: Iris Injured is driving home from a night out with friends and has a BAC of 0.12. Iris Injured knows that she is too drunk to driver herself home but decides to do it anyway. On the way home, she is in a side-swipe crash with Billy Bystander. Iris Injured’s intoxication and blood alcohol concentration is likely contributed to the crash and her liability claim for her injuries against Billy Bystander is probably barred. But Iris can probably still collect PIP or Medpay off of her own policy to offset the cost of medical bills.

Drunk Passenger

In DC, Maryland, and Virginia you cannot make a claim for your injuries if you assumed the risk of your injuries. This means that prior to the injury you knew of the danger or risk and voluntarily chose to proceed despite that risk. With an assumption of risk defense, the other party would argue that you knew that you could be injured and you did it anyway.

Typically a drunk passenger has no problem making an injury claim. When a passenger is injured there is rarely a situation where the passenger is being blamed for the crash.

But what if the driver shouldn’t have been driving? This often comes up when the passenger and the driver are both under the influence of alcohol. In these situations we need to analyze whether the passenger knew or reasonably should have known that the driver was also drunk or impaired. If the passenger got into the vehicle knowing that their driver was drunk, then the passenger likely assumed the risk of being injured in a car crash.

Example 1: Prudence Passenger and Dina Driver have been drinking at a bar together for several hours. Prudence Passenger knows that she and Dina Driver are too drunk to drive, but Prudence Passenger figures it’s a short drive and nothing will happen. Dina Driver causes a wreck on the way home. Prudence Passenger likely assumed the risk of her injuries and probably cannot make a liability claim against Dina Driver for her injuries.

Example 2: Igor Innocent has been celebrating a promotion at work. Igor Innocent doesn’t feel impaired by alcohol but decides to take a cab home to be safe. Igor Innocent hails a cab driven by Andrew Alcoholic. Igor Innocent doesn’t know that Andrew Alcoholic is drinking wine out of a thermos while driving. They have barely traveled a block when Andrew Alcoholic crashes them into another car. Igor Innocent likely did not assume the risk of injury as long as he didn’t know that Andrew Alcoholic was intoxicated, and likely can make a claim against Andrew Alcoholic for his injuries.

Example 3: Ida Inconspicuous drives Ursula Unaware and some friends to a party. The party is crowded and Ursula Unaware loses track of Ida Inconspicuous. When they’re ready to leave, Ida Inconspicuous seems sober to Ursula Unaware. Ida Inconspicuous says she is ok to drive them to the next bar, but on the way hits a tree. As long as Ursula Unaware didn’t know that Ida Inconspicuous was too drunk to drive, Ursula Unaware likely did not assume the risk of injury by a drunk driver, and likely can make a claim against Ida Inconspicuous for her injuries. Depending on how drunk Ursula Unaware was, she may be too drunk to have understood any risk she was taking or legally incapable of consenting to the risk, such that she likely did not assume the risk of injury by a drunk driver, and likely can make a claim against Ida Inconspicuous for her injuries.

If you’ve been injured by a drunk driver, contact TLT Legal Services for help.