What happens if a drunk driver hits your car?

Drunk driving accident lawyers QLD

Drunk driving is one of the most dangerous choices a driver can make. It slows reaction time, clouds judgement and often leads to devastating crashes. Sadly, many Queenslanders each year suffer injuries involving a drunk driver, injuries that can change lives in an instant.

If this has happened to you or a family member, you do not need to face the situation alone. Through Queensland’s compulsory third party (CTP) scheme, you may be able to make a motor vehicle accident claim. Compensation can help with medical expenses, lost wages, rehabilitation and other costs so you can focus on recovery.

At The Personal Injury Lawyers, our role is to guide you through the claims process. We provide clear advice, explain your options and work to secure fair compensation with no upfront costs.

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Legal liability of drunk drivers

Under Queensland law, driving under the influence of alcohol or drugs is considered negligent. This means a drunk driver will usually be found at fault if a crash occurs, making them liable for the harm caused.

Liability has two sides. On the civil side, an injured person can bring a motor vehicle accident claim through the at-fault driver’s Compulsory Third Party Insurance provider. On the criminal side, the driver may face penalties such as fines, licence disqualification or imprisonment. In the most serious cases, charges may extend to dangerous driving causing death or manslaughter.

Compensation can be reduced in certain situations. For example, if a passenger knowingly accepted a lift from an intoxicated driver, or if the injured person was themselves under the influence, the court may apply contributory negligence.

Our drunk driving accident lawyers can explain how liability may affect your claim and ensure your legal rights are protected.

Who can claim compensation?

When a drunk driver causes an accident, the impact can be felt by many different people, not just other motorists. Queensland’s CTP scheme allows a wide range of injured persons and their families to access compensation and support.

Pedestrians hit by drunk drivers

Pedestrians have little protection in a collision, which often means serious injuries. If you were a pedestrian struck by an intoxicated driver, you may be entitled to claim compensation for medical treatment, lost wages and the toll the accident has taken on your life.

Cyclists injured in collisions

Cyclists are also at high risk when sharing the road with drunk drivers. A moment of poor judgement can cause life-changing injuries. If this has happened to you, a claim can help cover your recovery costs and provide financial support while you heal. Learn more about cycling accident claims.

Drivers and passengers of other vehicles

If your vehicle was hit by someone driving over the legal limit, you may have the right to claim for your injuries and financial losses. This includes both drivers and passengers, with compensation available to help you get back on your feet.

Passengers travelling with a drunk driver

Even passengers in the drunk driver’s car may be able to make a claim. The law does recognise, however, that if you knew the driver was intoxicated, your compensation might be reduced. An experienced lawyer can help you understand how contributory negligence could apply.

Fatal accident claims for families

The loss of a loved one in a drunk driving accident is devastating. While no amount of money can ease the pain, compensation may help cover funeral costs and provide financial support for dependents left behind. These claims are usually made by a spouse, child or other close family member.

Claiming for injuries caused by drunk drivers

Injuries involving a drunk driver can range from minor to life-altering. Even a relatively small collision may leave the injured person dealing with ongoing pain, medical expenses and lost income. More serious cases, such as when a pedestrian or cyclist is struck, can cause long-term disability and psychological injuries.

To make a claim, you will need to show evidence that the drunk driver was negligent. In Queensland, intoxication behind the wheel is generally considered negligent behaviour, which makes the claims process more straightforward. Your entitlement to compensation will also depend on:

Sufficient medical evidence to prove your injury
Following the strict time limits for lodging a claim
Whether the driver’s Compulsory Third Party (CTP) insurer will cover the claim
The overall impact of your injury on your quality of life

An experienced drunk driving accident lawyer can help prepare your claim form, deal with the insurance company and secure fair compensation so you can focus on recovery.

Evidence that strengthens your drunk driving accident claim

When a drunk driver causes a road accident, the quality of your evidence can influence how your compensation claim is assessed. Insurers rely on clear, objective information when determining fault and understanding the impact of your injuries. Useful evidence may include:

Police reports that note suspected drink driving, speeding or other driving offences
Witness statements that describe what happened at the scene
Dashcam or CCTV footage that shows the collision or the driver’s behaviour Medical records that document your injuries, treatment and expected recovery
Any information relevant to contributory negligence, such as whether you were wearing a seatbelt

If police bring criminal charges such as drink driving, drug driving or dangerous driving, these matters proceed separately in the criminal courts. A conviction does not decide your compensation claim, but it can help establish that the other driver acted negligently.

Fatal accidents caused by drunk drivers

When drunk driving leads to a fatal crash, the consequences are devastating. If your spouse, children or another family member has been killed in a drunk driving accident, you may be entitled to bring a claim for financial support and funeral costs through the driver’s CTP insurance.

You can’t put a price on the pain and suffering that results from this kind of loss, but potential compensation could cover the damage you have endured financially. Claims of this nature may cover:

At the same time, the drunk driver may face criminal charges such as dangerous driving causing death or even manslaughter. While these criminal proceedings are separate from the compensation process, a conviction can provide important evidence of fault.

If you are unsure about your rights, start by either making use of our free claim check or getting in touch with our legal team. We can provide clear guidance and help you take the first step toward a claim.

Find out what your claim may be worth

You’re welcome at any time to contact us for a personalised free claim assessment which is tailored to your circumstances. Or feel free to use our compensation calculator which will give you an indication how much compensation you may be due.

You can also use our free compensation calculator to see an estimate of what your car accident compensation claim could be worth. Simply complete the short online form to get an indication of your potential entitlements, with no upfront legal fees.

What to do if a drunk driver hits your car

A successful compensation claim can help you recover financially after a car accident. Depending on the injury severity, you may be entitled to claim for:

1. Call emergency services

Move to safety and dial 000 if anyone is injured, the road is blocked, or you suspect the other driver is intoxicated. Police must be notified in drunk driving cases.

2. Exchange details

Collect names, addresses, licence numbers, vehicle registrations and insurance company details from all drivers involved.

3. Collect evidence

Take photos of the accident scene, vehicle damage, skid marks and any injuries sustained. Save dashcam footage if available and write down witness contact details.

4. Limit conversation

Keep communication polite but brief. Do not admit fault, speculate on what happened or accept cash offers.

5. Seek medical attention

Even if you feel fine, see a doctor as soon as possible. Medical evidence is vital for both your health and your claim.

6. Notify your insurer

Contact your car insurance company to report the accident and obtain a claim number. Ask about towing, repairs or hire car arrangements under your insurance policy.

7. Get legal advice

A drunk driving accident lawyer can explain your rights, ensure strict time limits are met and deal with the other driver’s insurance company on your behalf.

If the other party leaves the scene, try to record the registration and call the police immediately. If there is a later drunk driving conviction, keep the police reference, as it may be relevant to your claim.

Drunk driving injury statistics

Drink driving continues to cause devastating harm on Queensland roads. Between 2020 and 2024, an average of 57 people lost their lives each year in crashes involving a drunk driver. In addition to fatalities, hundreds more are seriously injured, often facing long hospital stays, rehabilitation and time away from work.

The legal blood alcohol limit for most drivers in Queensland is 0.05 BAC (Blood Alcohol Concentration). Despite this, government research shows that 9% of Queenslanders admit to driving over the limit, and almost a quarter admit to driving the next morning when they may still be over. This behaviour greatly increases the risk of serious crashes, leaving injured people and their families facing medical costs, lost income and the need for compensation.

These figures highlight why the law treats drink driving as both a criminal offence and a civil wrong. If you or a family member has been injured in a drunk driving crash, you may have the right to bring a claim to cover medical expenses, lost income and other costs that follow.

Common drunk driving injuries

Here are the common injuries sustained from drunk driving accidents:

Traumatic brain injuries are usually caused by any accident that results in severe impact. This can encompass concussions, cognitive problems and skull fractures.
Psychological pain is common after an alcohol fuelled accident. This can include post traumatic stress disorder, a life-long condition of pain and suffering for some victims.
Back and spine injuries. This ranges from minor back strains to acute spinal disc injuries that affect your day-to-day mobility.
Broken bones can occur after a car or pedestrian accident. Fractures usually take a long period of time to heal, which is time without income. In addition to this, there’s a risk of sustaining life-long injuries or amputation.
Skin injuries. Car accidents can cause severe bruising, lacerations and burns. Often this damage can lead to permanent scarring and disfigurement.

All of these injuries can affect your overall quality of life. If you have been traumatised through no fault of your own, then you could be eligible to make a claim for compensation.

You can trust our legal advice as we have years of experience in making personal injury claims.

Do you need a lawyer after being hit by a drunk driver?

You are not legally required to engage a lawyer, although many injured road users prefer professional support after a drunk driving accident. The claims process can involve detailed medical evidence, strict time limits and ongoing communication with the at fault driver’s insurer. A drunk driving accident lawyer can assist by:

Explaining your legal rights and assessing your eligibility to claim compensation
Preparing the required documentation and communicating with the insurer
Ensuring your claim is lodged within the correct time limits

Obtaining medical evidence and witness statements
Negotiating for fair compensation based on your injuries and financial losses
Providing practical legal advice throughout the claims process

The Personal Injury Lawyers operate on a no win, no fee basis. You do not pay legal fees unless your claim succeeds. Our legal services support clients all throughout Queensland. Whether you’re in Brisbane City, Gold Coast, Sunshine Coast in South East Queensland, or you’re based further north in Townsville, Cairns or Rockhampton, our team can provide clear guidance and practical support through the legal process.

What happens if a drunk driver hits your car? – FAQs

What Happens If The Other Driver Is Convicted Of Drunk Driving?

A drunk driving conviction is strong evidence of negligence. If the other driver is convicted, it usually makes the claims process more straightforward. You will still need to provide medical evidence and complete a claim form, but the conviction supports your right to compensation.

How do criminal charges against the drunk driver affect my claim?

Criminal charges for drunk, drug & dangerous driving are managed separately from the compensation process. A conviction may help demonstrate that the driver acted negligently, although your compensation claim still depends on medical evidence, the severity of your injuries and the financial impact of the crash.

Does the severity of the offence affect my compensation?

The seriousness of the other driver’s behaviour, including a high blood alcohol reading or speeding, does not change the types of compensation available under Queensland law. It may, however, help establish negligence. Your compensation will vary depending on your injuries, treatment needs, lost income and other verified losses.

Can I still claim if the drunk driver was uninsured or unlicensed?

Yes. If the at fault driver was uninsured, unlicensed or disqualified, you may still be able to lodge a CTP claim. If the vehicle or driver cannot be identified, the Nominal Defendant may respond to the claim. We can explain which insurer applies and what evidence you will need.

Do I Need A Car Accident Lawyer To Make A Claim?

You are not legally required to hire a car accident lawyer, but having legal support can make the process much easier. An experienced road accident lawyer can ensure your paperwork is accurate, deadlines are met, and you pursue the maximum amount you are entitled to.

Who Pays The Legal Fees In A Drunk Driving Accident Claim?

At The Personal Injury Lawyers, we act on a no win no fee basis. You do not pay legal fees unless your claim succeeds. If a claim is successful, the at-fault driver’s CTP insurer contributes toward your legal costs, although this contribution does not usually cover the entire amount. Any remaining fees are paid from the settlement in accordance with Queensland’s 50-50 rule, which ensures you always receive at least half of the total settlement amount after refunds and legal expenses are deducted.

What If The Accident Happened When I Wasn’t In Another Car?

You may still be eligible to claim. Pedestrians, cyclists and passengers are all considered a person involved in a drunk driving crash. What matters is that you were a person injured because of the driver’s negligence.

Why Is The Police Report Important?

A police report provides independent evidence that the accident happened, who the drivers involved were, and whether alcohol was suspected. Insurers and courts often rely on this report to assess claims.

Can I Claim For Property Damage As Well As Injuries?

Yes. While CTP claims focus on personal injury, you may also be able to recover the cost of repairing or replacing your vehicle or other car through an insurance claim. This can include costs for a hire car while repairs are carried out.

Do I Need To Report The Accident Online?

In Queensland, you can report online through PoliceLink if the crash involves injuries, suspected intoxication, or if the driver’s licence or insurance details are not exchanged. Reporting ensures the incident is officially recorded and supports your claim.

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