What to Do if You’re Hit by a Drunk Driver During the Holiday Season

The holiday season should be a time for celebration, travel, and reconnecting with the people who matter most. Yet every year, this joyful time is overshadowed by a sharp rise in alcohol-related crashes. 

Between holiday parties, family gatherings, office events, and New Year’s celebrations, more impaired drivers end up on the road, and innocent people pay the price.

Drunk driving accidents are among the most devastating, not only because they are entirely preventable, but because alcohol impairment amplifies the force, severity, and unpredictability of a crash. 

If you or someone you love is hit by a drunk driver during the holidays, knowing the right immediate steps to take can help protect your health, preserve your legal rights, and strengthen your claim for compensation. After all, you shouldn’t have to bear the burden of someone else’s mistake.

At Morgan & Morgan, we’ve seen firsthand how life-altering these collisions can be. We fight to hold drunk drivers—and sometimes the businesses that overserved them—fully accountable. Here’s what you need to know.

1. Prioritize Safety and Call 911 Immediately

After any collision, safety comes first. If you’re able to do so safely:

• Move to a secure location out of traffic.
• Call 911 right away, even if the other driver begs you not to.
• Request medical assistance for yourself and any passengers.
• Tell the dispatcher you suspect the other driver is impaired.

When law enforcement arrives, officers will assess the situation, conduct sobriety tests, document evidence, and create an official crash report. This report is often a key piece of evidence in DUI-related injury cases.

Even if you feel “fine” in the moment, adrenaline may be masking serious injuries. Always accept medical evaluation at the scene. This creates an immediate record connecting the crash to your injuries, something insurers often attempt to dispute later.

2. Gather Evidence While You’re Still at the Scene

If your condition allows it, document everything. Drunk driving cases rely heavily on evidence that shows the at-fault driver was impaired and that their negligence caused your injuries.

Helpful evidence includes:

• Photos of vehicle damage, road conditions, debris, and skid marks
• Photos of your injuries
• A video of the other driver’s behavior—slurred speech, stumbling, open alcohol containers, or attempts to leave
• Names and contact information of witnesses
• The responding officer’s name and badge number

If the driver admits they were drinking, record what they say. Statements made at the scene can matter later.

If you’re too injured to gather evidence, ask a passenger or bystander to help. The more information documented early, the stronger your case.

3. Get Medical Care Immediately (and Follow Up)

Drunk driving crashes tend to be severe because impaired drivers often speed, change lanes unpredictably, fail to brake, or even drive the wrong way.

These violent impacts can cause injuries such as fractures, concussions, internal bleeding, spinal damage, or long-term mobility problems.

Even if you received care at the scene, follow up with your doctor within 24 hours. Delayed symptoms, especially brain, neck, and soft-tissue injuries, are extremely common.

Consistent medical documentation is important for proving the extent of your injuries, your need for ongoing care, and how the crash has impacted your daily life.

Missing appointments or ignoring follow-up instructions gives insurance companies ammunition to minimize your claim. Prioritize your health and your legal rights by getting thorough, continuous care.

4. Avoid Speaking With the At-Fault Driver’s Insurance Company

After the crash, the other driver’s insurance company may contact you quickly. They may sound friendly or sympathetic, but their job is to limit the company’s financial responsibility.

Insurers in DUI accident cases often:

• Ask recorded questions designed to get you to downplay your injuries
• Pressure you to accept a low settlement
• Suggest that alcohol wasn’t the main factor
• Claim you share responsibility
• Push you to “just send the medical bills,” hoping you won’t involve a lawyer

Do not give a statement. Do not accept any settlement. Do not sign anything.

Tell the insurance company you are seeking legal representation. Once you hire Morgan & Morgan, we handle every communication on your behalf so you don’t have to deal with aggressive or manipulative adjusters.

5. Understand How Liability Works in Drunk Driving Injury Cases

In a standard car accident, the at-fault driver’s insurance typically covers damages. But DUI crashes are not standard. They often involve multiple layers of liability.

The Drunk Driver

The impaired driver is almost always considered negligent under the law. Their insurance may be responsible for covering:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage
• Long-term rehabilitation
• Disability or disfigurement
• Wrongful death damages if a loved one is killed

However, in many DUI cases, the harm is so severe that the driver’s insurance limits aren’t enough.

Punitive Damages

Unlike regular personal injury damages, punitive damages are meant to punish especially reckless or dangerous behavior. Drunk driving, especially when it results in injury or death, is often considered egregious enough to warrant punitive damages.

Punitive damages can significantly increase the value of your claim and send a message to the community that drunk driving is unacceptable. Morgan & Morgan’s attorneys pursue punitive damages whenever the law allows, holding impaired drivers to full account for their dangerous choices.

Could a Bar or Restaurant Be Liable? What to Know About “Dram Shop Laws”

Many DUI crashes begin the same way: a bar, restaurant, or event venue overserves someone who is obviously intoxicated, and that person gets behind the wheel.

Dram shop laws, which exist in various forms across the U.S., allow injured people to hold alcohol-serving establishments legally responsible for contributing to a drunk driver’s impairment. These cases typically involve situations where a business: 

• Served a visibly intoxicated person
• Continued serving someone who was clearly drunk
• Served alcohol to a minor
• Ignored signs that a customer was unsafe to drive
   

While the specifics vary by state, the principle is the same: if a business acted irresponsibly and that negligence helped cause the crash, you may be able to pursue compensation from them in addition to the driver.

Because dram shop claims require quick evidence preservation, such as surveillance footage, receipts, witness statements, and staff testimony, it’s important to contact an attorney immediately. Businesses often overwrite footage within days, and witnesses disappear or forget details. Morgan & Morgan moves quickly to secure the proof needed to build a strong dram shop case whenever applicable.

Why Drunk Driving Accidents Surge During the Holidays

Every holiday season, organizations like the National Highway Traffic Safety Administration report sharp increases in DUI-related crashes. Several factors contribute to this dangerous spike:

• Holiday parties and social drinking: More events mean more opportunities for impaired driving.
• Long-distance travel: People are on unfamiliar roads, often late at night.
• Reduced rideshare availability: High demand in holiday hotspots can lead to longer wait times or surge pricing.
• Fatigue and stress: The pressure of holiday schedules can lead to poor decision-making.
• New Year’s Eve: One of the most dangerous nights of the year for impaired driving.

Drunk driving is 100% preventable, and yet countless families have their holidays forever changed by someone’s reckless decision. When that happens, you deserve justice and full compensation for what you’ve lost.

What Compensation Can You Recover After Being Hit by a Drunk Driver?

Your compensation depends on the severity of your injuries, the impact on your life, and the circumstances surrounding the drunk driver’s behavior.

Damages can include:

Economic Damages

• Emergency room bills
• Surgeries and medical procedures
• Physical therapy
• Prescription medications
• Lost wages
• Diminished earning capacity
• Property damage
  
   

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship (in wrongful death cases)
• Scarring or disfigurement
  
   

Punitive Damages

In DUI cases, punitive damages may be available and can significantly increase the total compensation.

Our attorneys at Morgan & Morgan analyze every possible avenue of recovery, including the drunk driver’s insurance, your own insurance (such as uninsured/underinsured motorist coverage), and any potentially liable businesses under dram shop law.

Why You Should Contact Morgan & Morgan Immediately

Drunk driving cases can be complex, emotional, and high-stakes. Insurance companies often act aggressively because they know the conduct looks bad for their insured driver. Bars or restaurants implicated in a dram shop claim may also lawyer up quickly.

Morgan & Morgan brings the resources, experience, and dedication needed to fight back.

Our compassionate team can hear your story for free, advise you on your next steps, and if you work with us, conduct an independent investigation into your claim. We will obtain police reports and breathalyzer results, secure surveillance footage before it disappears, interview witnesses, and even analyze the toxicology evidence. This way you can spend your time and energy on your physical recovery.

With over $25 billion recovered for clients, our firm knows how to hold drunk drivers accountable and fight for the justice victims deserve.

Injured by a Drunk Driver This Holiday Season? Morgan & Morgan Can Help

If a drunk driver has turned your holiday celebration into a tragedy, you don’t have to face the aftermath alone. Morgan & Morgan fights for victims nationwide, and we’re ready to stand up for you.

Contact us today for a free, no-obligation case evaluation. We’re here 24/7, and we never charge unless we win your case.