Can I Sue a Drunk Driver for Injuries in Maryland?

You can sue a drunk driver for injuries in Maryland through a civil lawsuit that’s completely separate from any criminal charges they may face.

While criminal cases punish the driver with fines or jail time, your civil case focuses on getting you the money you need for medical bills, lost wages, and pain and suffering. Under Maryland law, you have three years from the date of the accident to file your lawsuit.

Understanding your legal rights after being hit by a drunk driver involves knowing how to prove fault, what damages you can recover, and how Maryland’s strict contributory negligence rule might affect your case.

You’ll also need to know who pays for your losses, whether you can sue bars that served the driver, and what steps to take immediately after the crash to protect your claim.

Civil Case Versus Criminal Case

A criminal case is when the state prosecutes the drunk driver for criminal car accidents in Maryland. The goal is punishment through fines, jail time, or license suspension.

Your civil case is different, it’s about getting you paid for your injuries and losses. You can file your civil lawsuit even if the driver hasn’t been criminally charged yet.

A DUI conviction makes your civil case much stronger because it proves the driver was breaking the law when they hit you. However, you don’t need to wait for criminal charges to start your injury claim.

The key differences between criminal and civil cases are important to understand. In a criminal case, a state prosecutor files charges with the purpose of punishing the driver through jail time, fines, or license suspension. The standard of proof is “beyond reasonable doubt,” which is very high.

Your civil case works differently. You and your attorney file the lawsuit with the goal of compensating your losses through money damages. The standard of proof is much lower – you only need to show the driver was “more likely than not” responsible for your injuries.

This makes it easier to win your civil case even if the criminal case doesn’t result in a conviction.

What Evidence Proves Impairment and Fault

You need strong evidence to prove the driver was drunk and caused your crash. Time is critical because evidence can disappear quickly.

Key evidence Baltimore drunk driver accident attorney John Leppler gathers includes:

• Police reports: Official documentation of the crash and any DUI citations
• BAC test results: Blood, breath, or urine tests showing alcohol levels
• Field sobriety tests: Video footage of the driver failing roadside tests
• Witness statements: People who saw erratic driving before the crash
• 911 recordings: Calls reporting dangerous driving behavior
• Medical records: Documentation linking your injuries to the accident

John Leppler acts fast to preserve this evidence before it’s lost or destroyed.

Who Pays My Losses After a DUI Crash in Maryland?

The drunk driver’s auto insurance typically pays your damages through their liability coverage. However, Maryland’s minimum insurance requirements are often too low to cover serious injuries.

Most drivers carry only the state minimum, which may leave you without full compensation for severe injuries.

Liability Insurance and Policy Limits

Maryland requires drivers to carry at least $30,000 in bodily injury coverage per person and $60,000 per accident. These amounts sound like a lot, but they’re quickly exhausted with serious injuries.

Ambulance transport and emergency room care can result in substantial medical bills. If you need surgery, the bills can easily exceed the driver’s policy limits.

Uninsured and Underinsured Motorist Coverage

Your own car insurance includes Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. UM coverage pays when the drunk driver has no insurance at all. UIM coverage kicks in when the drunk driver’s insurance isn’t enough to cover your losses. This coverage uses your own policy to make up the difference.

Many people don’t realize they have this valuable protection until they need it after a crash.

Personal Injury Protection Benefits

Personal Injury Protection (PIP) is part of your own auto insurance policy. It pays medical bills and a portion of lost wages immediately, regardless of who caused the crash.

Maryland requires a minimum of $2,500 in PIP coverage, though you can buy more. Using your PIP benefits doesn’t prevent you from suing the drunk driver for additional damages. PIP helps you get medical treatment right away without waiting for the insurance companies to sort out fault.

What Damages Can I Recover After a Maryland Drunk Driving Crash

Maryland law allows you to recover both economic and non-economic damages. Economic damages are your actual financial losses, while non-economic damages compensate for pain and suffering.

The total value of your case depends on the severity of your injuries and how they impact your life.

Economic Losses and Medical Care

Economic damages include all the money you’ve lost or will lose because of the crash. We document every expense to ensure you’re fully compensated.

Your recoverable economic losses include:

• Emergency treatment: Ambulance, emergency room, and initial medical care
• Ongoing medical care: Surgery, hospitalization, doctor visits, and therapy
• Prescription medications: All drugs needed for your treatment and recovery
• Lost wages: Income you’ve missed while unable to work
• Future medical needs: Long-term care, rehabilitation, and medical equipment
• Property damage: Vehicle repairs or replacement costs

At Leppler Injury Law, we work with your doctors to understand your future medical needs and calculate the full cost of your recovery.

Pain and Suffering in Maryland

Non-economic damages compensate you for how the crash has affected your quality of life. These damages acknowledge that some losses can’t be measured in dollars and cents.

Pain and suffering includes physical pain, emotional trauma, anxiety, depression, and loss of enjoyment in daily activities. If your injuries are permanent or disfiguring, this increases the value of your non-economic damages.

Maryland doesn’t cap pain and suffering damages in drunk driving cases, unlike some other types of injury claims.

Punitive Damages in Maryland

Punitive damages are meant to punish especially reckless behavior, but they’re rarely awarded in Maryland. The law requires proving “actual malice,” which means the driver showed conscious disregard for others’ safety.

Simply being drunk usually isn’t enough for punitive damages. We’d need to show additional reckless behavior, like excessive speeding or running red lights.

While punitive damages are possible, we don’t count on them when evaluating your case.

What Is Maryland’s Deadline to Sue

There is a three-year time limit to file a lawsuit after your accident in Maryland, so contact an attorney promptly to protect your rights. This deadline is called the statute of limitations, and it’s strictly enforced.

If you miss this deadline, you lose your right to sue forever, no matter how strong your case is. Don’t wait until the last minute, evidence disappears and witnesses forget details over time.

Starting your case early gives us the best chance to build a strong claim and negotiate a fair settlement.

Can I Sue a Bar or Social Host in Maryland?

Maryland doesn’t have a dram shop law, so bars, restaurants, and stores that sell alcohol aren’t legally responsible when their adult customers cause drunk driving accidents. Even if they obviously overserved an intoxicated person, you can’t sue them for your injuries. This rule applies only to adult customers, there’s a limited exception for minors.

Serving Alcohol to Minors Exception

Social hosts who provide alcohol to people under 21 can be held liable if that minor later causes an accident. A social host is someone who serves alcohol at a private party or gathering.

This exception is narrow and rarely applies to most drunk driving cases. The focus remains on suing the impaired driver who hit you.

Does Contributory Negligence Affect My Claim?

Maryland follows a harsh rule called contributory negligence. Under Maryland’s contributory negligence rule, if you’re found to have any fault for the accident, you may be barred from recovering compensation.

Insurance companies love this rule because they use it to deny valid claims by blaming the victim. We fight these unfair tactics to protect your right to compensation.

Passenger Claims When the Driver Was Drinking

As passengers injured in car accidents, you can usually sue the drunk driver without worrying about contributory negligence. The key issue is whether you knew or should have known the driver was too impaired to drive safely.

Insurance companies might argue you were negligent for getting in the car with a drunk driver. We counter this by showing you had no reasonable way to know about the impairment.

Many times, passengers don’t realize how intoxicated the driver is until it’s too late.

What Steps Should I Take After Getting in a Crash Caused by a Drunk Driver?

The actions you take immediately after being hit by a drunk driver can protect both your health and your legal rights. Every decision matters in the first hours and days after your accident.

Get Medical Care and Call 911

Seek medical attention immediately, even if you feel fine. Adrenaline can mask serious injuries, and some conditions like concussions or internal bleeding aren’t immediately obvious. Calling 911 ensures police respond to document the scene and investigate the other driver for impairment. The police report becomes crucial evidence in your case.

Don’t refuse medical treatment at the scene, this can be used against you later to minimize your injuries.

Preserve Evidence and Witnesses

If you’re physically able, gather evidence at the crash scene. Take photos of all vehicles, the surrounding area, traffic signs, and your visible injuries.

Get contact information for witnesses who saw the crash or the driver’s behavior beforehand. Write down everything you remember about the accident while it’s fresh in your memory.

Ask if any nearby businesses have security cameras that might have captured the crash, this video evidence often gets deleted within days.

Notify Insurers Carefully

Report the accident to your insurance company, but be very careful about what you say. Insurance adjusters record phone calls and use your statements against you later. Stick to basic facts about when and where the crash happened.

Don’t discuss your injuries, fault, or give detailed statements without talking to attorney John Leppler first. Never sign anything or accept a quick settlement offer from the other driver’s insurance company.

Speak With a Lawyer Early

Contact Leppler Injury Law as soon as possible after your crash. John Leppler can immediately step in to preserve evidence, handle insurance companies, and protect your rights.

Early legal help prevents costly mistakes that could hurt your case. Leppler Injury Law can deal with the insurance companies while you focus on getting better. Many people wait too long to get legal help and miss opportunities to strengthen their case.

How Leppler Injury Law Builds DUI Accident Claims

At Leppler Injury Law, you work directly with attorney John Leppler on every aspect of your case. Unlike large firms that treat you like a case number, John provides personal attention to each client.

John Leppler created this firm to ensure everyone has access to justice, regardless of their background or circumstances.

Rapid Investigation and Evidence Preservation

John Leppler moves immediately to secure evidence before it disappears. This includes requesting 911 recordings, police body camera footage, and surveillance video from nearby businesses.

John visits the crash scene, photographs physical evidence, and interviews witnesses while their memories are fresh. Time is critical because evidence gets lost or destroyed quickly. Our quick action often uncovers evidence that other lawyers miss by waiting too long.

Insurance Negotiations and Statements

We become your voice with all insurance companies, protecting you from their tactics designed to minimize your claim. Insurance adjusters are trained to get you to say things that hurt your case.

We handle all communications so you can’t be tricked into giving damaging recorded statements. Our experience with adjuster tactics helps us counter their strategies. You focus on recovery while we fight for fair compensation.

Case Valuation for Future Care and Lost Income

We work with your doctors and other experts to understand the long-term impact of your injuries. Many people settle too quickly and don’t account for future medical needs or reduced earning capacity.

We calculate all your future costs to ensure your settlement covers a lifetime of care if needed. This includes ongoing therapy, medications, and any necessary medical equipment. For serious injuries that affect your ability to work, Leppler Injury Law documents your lost earning potential with economic experts.

Trial Readiness If the Insurer Refuses

While most cases settle out of court, John Leppler prepares every case as if it’s going to trial. This thorough preparation shows insurance companies we’re serious about getting you fair compensation.

Insurers are more likely to offer fair settlements when they know John Leppler is prepared to take your case to trial. Additionally, you pay nothing unless we win your case, so our interests are completely aligned with yours.

Knowledgeable Drunk Driver Accident Injury Attorney in Baltimore, Maryland

If a drunk driver has injured you or a loved one, you don’t have to face the insurance companies alone. Attorney John Leppler provides the personal, compassionate representation you deserve during this difficult time.

John personally handles every aspect of your case from start to finish. You’ll have his direct phone number and can reach him whenever you have questions about your case.

We offer free consultations to discuss your case and explain your legal options. You pay no attorney fees unless we win your case, that’s our promise to you. Contact Leppler Injury Law today to get the experienced legal help you need to recover the compensation you deserve.

Maryland DUI Accident Claims FAQ

Do I Have a Case If the Driver Was Not Charged or Refused Testing?

Yes, you can still have a strong civil case even without criminal charges or test results. We can prove impairment through witness testimony, police observations of erratic driving, and physical evidence from the crash scene.

What If the At-Fault Driver Has No Insurance or Flees the Scene?

Your own Uninsured Motorist coverage is designed for exactly this situation when dealing with a hit-and-run accident. We help you file a claim with your own insurance company to get compensation for your injuries after a hit-and-run or crash with an uninsured driver.

Can I Sue If I Had Something to Drink but Was Not at Fault?

Yes, as long as you weren’t driving impaired or at fault for the crash. The other driver’s intoxication and negligence are the key issues, and your responsible alcohol consumption doesn’t prevent you from recovering compensation.

Can a Passenger Sue After Riding With a Driver Who Was Drinking?

Passengers can file injury claims in most situations. Insurance companies may argue you were negligent for getting in the car, but we fight to overcome this defense and secure the compensation you deserve for your injuries.

Can I Recover Punitive Damages for a Maryland DUI Crash?

Punitive damages are possible but difficult to obtain in Maryland. The law requires proving the driver acted with “actual malice,” which means conscious disregard for others’ safety beyond just being intoxicated.

How Long Do DUI Injury Cases Take in Maryland?

The timeline for resolving a case varies depending on the severity of your injuries and the complexity of your claim. Cases involving serious injuries requiring ongoing treatment may take longer to ensure you receive full compensation.

How Much Does It Cost to Hire Leppler Injury Law?

You pay absolutely nothing upfront to hire Leppler Injury Law. John Leppler works on a contingency fee basis, meaning we only get paid if he wins your case through settlement or trial verdict.