Hit by a drunk driver: who pays, and can you sue the bar?
After a drunk driver hits you, make sure police test the driver and get medical care. The driver's insurance usually pays first, but minimum limits run out fast. You may also have a claim against a bar that served an obviously drunk customer, and punitive damages may be possible. Arizona and Texas give two years to sue.
Last checked November 9, 2026 · Official sources (34)
What should I do after being hit by a drunk driver?
NHTSA says 11,904 people died in alcohol-impaired driving crashes in 2024. It is illegal in nearly every state to drive at a blood alcohol level of.08 or higher. Your claim starts with what gets recorded that night.
- Call 911. Tell the dispatcher you think the other driver is drunk, and tell the officer what you saw and smelled.
- Get medical care, even if the crash seemed small. Adrenaline hides pain.
- Ask the officer for the report number and whether a breath or blood test was done.
- Write down anything the driver said about where they were drinking. Save photos of receipts, wristbands or bottles if you can do it safely.
- Get names and numbers of witnesses and passengers.
- Ask the prosecutor's office for a victim advocate. An advocate can tell you about court dates and restitution.
- Report the crash to your own insurer, but do not give a recorded statement to the drunk driver's insurer yet.
Who pays for a drunk driving accident?
A drunk driver often has little insurance and little money. Your job is to find every source. Most people find only the first one.
| Source | What it may pay | The catch |
|---|---|---|
| The driver's auto insurance | Medical bills, lost pay, pain and suffering | Minimums are only $25,000 per person in Arizona and $30,000 in Texas. |
| Your own uninsured or underinsured coverage | The gap when the driver's limits are too low | Arizona insurers must offer it, and in Texas it protects insureds from drivers with too little insurance. |
| The bar, restaurant or store that served them | A separate claim with its own insurance | Strict proof rules. See the next section. |
| The car's owner or the driver's employer | If the owner lent the car knowing the risk, or the driver was on the job | Depends on the facts. Ask who owned the car and who the driver worked for. |
| Restitution in the criminal case | Your out-of-pocket economic losses | It covers economic loss, not pain, and the driver may be slow to pay. |
| A crime victim compensation fund | Medical bills, counseling and lost wages | Arizona's fund pays only after other sources are used. |
| The driver personally | A judgment you can collect over time | Often hard to collect, but bankruptcy will not erase it. |
Can I sue the bar that served the drunk driver?
Sometimes. These are called dram shop claims. They are hard to win, and the proof goes quickly. The rule is not that a bar served someone who later crashed. The rule is about how drunk that person looked when served.
| Question | Arizona | Texas |
|---|---|---|
| When can the seller be liable? | It sold alcohol to a buyer who was obviously intoxicated, or to someone under the drinking age without checking ID. | It was apparent the person was obviously intoxicated to the point of being a clear danger. |
| What does obviously drunk mean? | Impairment shown by physical signs that a reasonable person would have noticed. | The statute uses the clear danger test above. Texas courts decide how it applies. |
| Can a party host be sued? | Generally not, for serving someone of legal drinking age. | Only some adults who serve someone under 18. |
| Is this the only claim? | Yes. Other claims based on serving alcohol are barred. | Yes, for someone 18 or older. |
| A trap for the seller's side | A bar is not liable to an adult who drank with the driver and knew the driver was impaired. | A bar may say its trained employee's actions do not count against it. |
Start looking for proof the same week. Find out where the driver was drinking. Ask for tabs, card receipts, video and names of staff. Many camera systems record over old footage, so a written demand to save it should go out quickly. If the bar is found responsible, Arizona makes each party pay only its own share of the fault, so the bar's share matters. Texas uses a similar rule, but a party found more than 50 percent responsible can owe the whole amount.
Can I get punitive damages from a drunk driver?
Possibly. Punitive damages punish very bad conduct. They are not automatic, and a DUI arrest alone does not settle the question.
In Arizona, you need clear and convincing evidence of what courts call an evil mind. Driving drunk may fit that test. A court looks at the facts.
In Texas, you need clear and convincing proof of fraud, malice or gross negligence. Gross negligence means the person knew of an extreme risk and went ahead anyway. The jury must be unanimous. Texas usually caps punitive damages, but the cap does not apply to intoxication assault or intoxication manslaughter.
Here is the hard part. Whether an insurance policy pays punitive damages depends on the policy and the state, so do not assume it will. Punitive damages may have to come from the driver's own pocket, and many drunk drivers cannot pay them. The bankruptcy rule still helps: a debt for death or injury caused by intoxicated driving is not wiped out.
Does the DUI criminal case pay for my injuries?
Not really. The criminal case and your injury claim are separate. You do not need a conviction to bring an injury claim, and you should not wait for the criminal case to finish. Your two-year deadline keeps running.
The criminal case can still help. An Arizona court must order restitution for the full economic loss of a crime victim. A Texas court may order restitution to a victim. If a parent or guardian is killed in Texas by intoxication manslaughter, the court must order restitution for that person's child.
Crime victim funds are another path. Arizona's fund is the payer of last resort. Texas can help with costs such as medical bills, counseling and lost wages, and its definition of a covered crime includes driving while intoxicated. Ask your victim advocate about the forms and time limits.
How much is a drunk driving accident settlement worth?
We cannot give you a fair average because no official source publishes one. Your claim may include medical bills, future care, lost pay, pain, a damaged car and, in some cases, punitive damages. If you lost someone, the family may have a wrongful death claim.
Example only: a $200,000 injury and a driver with a $25,000 policy leave a $175,000 gap. Your underinsured coverage, a bar's insurance or the driver's own assets may fill some of it. A settlement with one party can affect claims against others, so read any release before you sign.
What changes in Arizona and Texas?
| Rule | Arizona | Texas |
|---|---|---|
| Deadline to sue | 2 years | 2 years |
| Limits on injury damages | The state constitution bars laws limiting damages. | Punitive damages usually capped, with the DWI exceptions above |
| Bar liability | Arizona Revised Statutes 4-311 | Alcoholic Beverage Code chapter 2 |
| Fault split | Each party pays only its share | Generally each pays its share, unless over 50 percent |
| Restitution | Full economic loss | Court may order it |
What mistakes hurt a drunk driving claim?
- Assuming the driver's policy is the only money available
- Waiting for the criminal case before talking to anyone about the injury claim
- Not asking where the driver was drinking until the video is gone
- Skipping treatment because you feel better after a few days
- Signing a release from the driver's insurer before you know about the bar
- Thinking a DUI conviction means you will get punitive damages
Questions
Can you sue a drunk driver if they have no insurance?
Yes, but collecting is the hard part. Your own uninsured coverage may pay. A debt from drunk driving injuries cannot be discharged in bankruptcy.
Can you sue a bar for serving a drunk driver?
Sometimes. Arizona requires a sale to an obviously intoxicated buyer. Texas requires that the person was obviously intoxicated and a clear danger.
How long do I have to sue a drunk driver?
Two years in Arizona and Texas. Other states differ.
Do I get punitive damages automatically?
No. Both Arizona and Texas require clear and convincing proof.
Can a friend who threw the party be sued?
Usually not for serving an adult in Arizona. Texas allows claims against some adults who serve someone under 18.
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See if I’m owed moneySources (34)
- Arizona Revised Statutes 12-542, checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward”
- Texas Civil Practice and Remedies Code 16.003, checked 2026-11-09. “personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues”
- Arizona Revised Statutes 4-311, checked 2026-11-09. “The licensee sold spirituous liquor either to a purchaser who was obviously intoxicated, or to a purchaser under the legal drinking age without requesting identification”
- Texas Alcoholic Beverage Code 2.02, checked 2026-11-09. “it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others”
- 11 U.S.C. 523(a)(9), checked 2026-11-09. “for death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated”
- Swift Transportation v. Carman (Ariz. 2022), checked 2026-11-09. “To establish an evil mind requires clear and convincing evidence”
- Texas Civil Practice and Remedies Code 41.003, checked 2026-11-09. “exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from”
- Arizona Criminal Justice Commission, checked 2026-11-09. “the compensation program is always the payer of last resort”
- Texas Attorney General, checked 2026-11-09. “covering costs like medical bills, counseling, lost wages, and more”
- NHTSA, checked 2026-11-09. “In 2024, 11,904 people died in alcohol-impaired driving traffic deaths.”
- NHTSA, checked 2026-11-09. “it's illegal in all 50 states, the District of Columbia and Puerto Rico to drive with a BAC of .08 or higher, except in Utah where the BAC limit is .05.”
- Arizona Revised Statutes 28-4009, checked 2026-11-09. “$25,000 because of bodily injury to or death of one person in any one accident”
- Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
- Arizona Revised Statutes 20-259.01, checked 2026-11-09. “uninsured motorist coverage that extends to and covers all persons insured under the policy”
- Texas Insurance Code 1952.101, checked 2026-11-09. “protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles”
- Arizona Revised Statutes 4-311, checked 2026-11-09. “significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person”
- Arizona Revised Statutes 4-301, checked 2026-11-09. “A person other than a licensee or an employee of a licensee”
- Texas Alcoholic Beverage Code 2.02, checked 2026-11-09. “An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18”
- Arizona Revised Statutes 4-312, checked 2026-11-09. “except as provided in section 4-311, a person, firm, corporation or licensee is not liable in damages to any person who is injured”
- Texas Alcoholic Beverage Code 2.03, checked 2026-11-09. “This chapter provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older.”
- Arizona Revised Statutes 4-312, checked 2026-11-09. “who was present with the person who consumed the spirituous liquor at the time the spirituous liquor was consumed and who knew of the impaired condition”
- Texas Alcoholic Beverage Code 106.14, checked 2026-11-09. “the actions of an employee shall not be attributable to the employer if”
- Arizona Revised Statutes 12-2506, checked 2026-11-09. “the liability of each defendant for damages is several only and is not joint”
- Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility”
- Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent”
- Texas Civil Practice and Remedies Code 41.001, checked 2026-11-09. “of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others”
- Texas Civil Practice and Remedies Code 41.003, checked 2026-11-09. “Exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary damages.”
- Texas Civil Practice and Remedies Code 41.008, checked 2026-11-09. “any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000”
- Texas Civil Practice and Remedies Code 41.008, checked 2026-11-09. “if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally”
- Arizona Revised Statutes 13-603, checked 2026-11-09. “in the full amount of the economic loss as determined by the court”
- Texas Code of Criminal Procedure 42.037, checked 2026-11-09. “the court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense”
- Texas Code of Criminal Procedure 42.0375, checked 2026-11-09. “to pay restitution for a child whose parent or guardian was the victim of the offense”
- Texas Code of Criminal Procedure 56B.003, checked 2026-11-09. “Section 49.04 (driving while intoxicated)”
- Arizona Constitution, article 2, section 31, checked 2026-11-09. “No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person”