Being hit by a drunk driver is a traumatic and life-changing experience. Beyond the physical injuries, you may face emotional distress, mounting medical bills, and uncertainty about what comes next. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand how overwhelming this situation can feel. With over 50 years of experience as one of Hawaii’s most respected personal injury law firms, we are committed to helping victims like you seek justice and secure the compensation you deserve.
In this guide, we’ll explain what you’re entitled to after being hit by a drunk driver, outline the types of damages you can recover, and provide a step-by-step plan for what to do after the accident.
I Was Hit by a Drunk Driver—Now What?
Drunk driving is a significant public safety issue in Hawaii. According to the Hawaii Department of Health, alcohol-impaired driving contributes to 30% of all traffic-related deaths statewide. This preventable behavior endangers everyone on the road, and when you’re the victim, it’s natural to think, “I got hit by a drunk driver, what am I entitled to?”
Drunk driving accidents often result in severe injuries, such as broken bones, spinal damage, or traumatic brain injuries. Alongside these physical consequences, victims may experience emotional trauma and significant financial strain. The good news is that Hawaii law allows you to recover compensation and hold responsible parties accountable.
Who Is Liable For Drunk Driving Injuries
If a drunk driver injures you, you may be entitled to compensation from the drunk driver and others. Cronin, Fried, Sekiya, Kekina & Fairbanks established the liability of restaurants and bars in 1980 in the Hawaii Supreme Court case of Ono v. Applegate.
In 1994, Cronin, Fried, Sekiya, Kekina & Fairbanks established the liability of employers for excessive alcohol consumption during after work or other company-related functions in Wong-Leong v. Hawaii Independent Refinery.
It is important to consult with lawyers who are experienced in seeking other parties, not just the drunk driver, who may be liable to compensate you. Where was the drunk driver drinking? Did any restaurant or bar violate laws regulating the amount of alcohol that can be served to customers? Was there a “pau hana” (after-work) gathering where alcohol was provided or permitted? Who owned the vehicle – did a relative or friend allow the drunk to drive a vehicle registered in the name of the friend or relative because the drunk driver had multiple DUI violations and couldn’t afford insurance on a vehicle registered to himself/herself?
As a pioneer in expanding liability for drunk driving accidents, Cronin, Fried, Sekiya, Kekina & Fairbanks has a proven track record in the handling of drunk driving injuries.
Types of Damages After Being Hit by a Drunk Driver
If a drunk driver injures you, you may be entitled to compensation for both tangible and intangible losses.
1. Economic Damages
Economic damages reimburse you for measurable financial losses, such as:
- Medical bills. Covers hospital stays, surgeries, medications, physical therapy, and future medical needs related to your injuries.
- Lost income. If your injuries prevent you from working temporarily or permanently, you can recover wages lost during your recovery and compensation for diminished earning capacity.
- Property damage. Includes repair or replacement costs for your vehicle and other personal property damaged in the accident.
These are often the most straightforward to calculate because they are reflected in bills and invoices.
2. Noneconomic Damages
Noneconomic damages address the more subjective and personal impacts of the accident, including:
- Pain and suffering. Compensation for physical pain and emotional distress caused by your injuries.
- Loss of enjoyment of life. Damages for your loss of enjoyment from hobbies, activities, or your usual quality of life.
- Emotional distress. Compensation for psychological conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD).
While harder to quantify, these losses are just as significant in the compensation process.
3. Punitive Damages
In cases involving reckless or egregious behavior, such as drunk driving, Hawaii law allows for punitive damages. Unlike economic and noneconomic damages, punitive damages exist to punish the wrongdoer and deter the wrongdoer and others from engaging in similar conduct in the future.
Punitive damages are not automatic and require a higher burden of proof. Your attorney must demonstrate that the drunk driver acted intentionally, with gross negligence, or in reckless disregard for the safety of others.
Steps to Take After Being Hit by a Drunk Driver
Your actions after being in an accident with a drunk driver can significantly impact your ability to recover compensation. Here are the critical steps to take:
- Ensure safety by moving to a safe location and checking for injuries;
- Call 911 to report the accident and request police and medical assistance;
- Document the scene by taking photos, gathering witness information, and noting details about the driver – a video of the drunk driver slurring and staggering is priceless;
- Seek medical attention, even if injuries seem minor; and
- Contact a personal injury lawyer to protect your rights and pursue compensation.
Following these steps can strengthen your case and ensure you receive the support you need.
Legal Representation Matters When You’ve Been Injured by a Drunk Driver
Dealing with the aftermath of a drunk driving accident often involves more than filing an insurance claim. An experienced attorney will:
- Investigate thoroughly. We will gather police reports, medical records, and witness statements to build a strong case.
- Negotiate strategically. Our team will advocate for maximum compensation, ensuring you’re not left to shoulder financial burdens alone.
- Litigate zealously. If a fair settlement cannot be reached, we are prepared to take your case to trial.
It is important to note that drunk driving accidents can lead to criminal charges, and the outcome of the criminal case may impact your civil claim for damages.
How Hawaii Law Protects Victims of Drunk Driving Accidents
Hawaii’s legal framework supports victims by allowing them to pursue compensation under the state’s comparative negligence laws. Even if you are partially at fault for the accident, you may still recover damages, provided your share of responsibility is less than 50%.
Additionally, drunk driving is a criminal offense under Hawaii law, which strengthens your civil case by demonstrating the other driver’s reckless behavior.
So, What Are You Entitled To?
Victims often wonder what they can recover after being injured by a drunk driver. Your compensation will depend on the specifics of your case, including the severity of your injuries, the extent of your financial losses, and whether punitive damages are applicable. Working with a skilled attorney can give you a better picture of what your case is worth and ensure your claim fully accounts for all recoverable damages.
Justice and Healing Are Within Reach
Being hit by a drunk driver is a devastating experience, but you don’t have to face the aftermath alone. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we combine decades of legal expertise with a deep respect for Hawaiian values to provide compassionate, effective representation for accident victims.
Asking, “I got hit by a drunk driver—what am I entitled to?” Contact us today for a free consultation. Let us help you secure the justice and compensation you deserve so you can focus on your recovery and reclaim your life. Reach out to Cronin, Fried, Sekiya, Kekina & Fairbanks to discuss your case and learn how we can help. Our team is here to support and fight for you every step of the way.
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