Drunk Driver Bicycle Accidents: Your Legal Rights & Options

Being hit by a drunk driver while cycling can result in devastating injuries. The good news is that drunk driving cases often result in higher compensation due to the driver's clear negligence and potential punitive damages.

Criminal vs. Civil Cases

Criminal Case

• Prosecuted by the state

• Driver faces jail time, fines, license suspension

• You're a witness, not a party

Civil Case

• Your personal injury lawsuit

• Seeks compensation for damages

• Independent of criminal outcome

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The criminal case doesn't pay your bills—your civil claim does.

Proving Drunk Driving in Civil Court

- Police reports and arrest records

• Blood alcohol test results

• Witness testimony

• Bar or restaurant records

• Criminal conviction (if obtained)

Damages Available

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Compensatory Damages

• Medical expenses

• Lost wages

• Pain and suffering

• Loss of enjoyment of life

• Permanent disability

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Punitive Damages Many states allow punitive (punishment) damages in drunk driving cases because:

• Drunk driving is willful misconduct

• Serves to punish and deter

• Can significantly increase recovery

Dram Shop Laws

In some states, you can also sue:

• Bars that over-served the driver

• Social hosts who served alcohol

• Restaurants or event venues

Time Sensitivity

Act quickly because:

• BAC evidence must be preserved

• Witness memories fade

• Criminal cases move fast

• Statute of limitations applies