Can you claim compensation if you are injured by a drunk driver?

Don't drink and drive

Drink drivers are among the most selfish, reckless and dangerous road users in the country and sadly we still see an alarming number of accidents involving alcohol misuse.

The Reported Road Casualties Scotland 2022 report – an annual review of crashes reported to, and recorded by, Police Scotland – states that 10 people die every year due to drink-driving.

Issues that are known to cause, or be linked to, road accidents are known as “contributory factors” (CF) and alcohol was recorded as a CF in 84% of recorded casualties.

However the number is likely to be higher due to the number of untraced drivers after hit-and-run collisions.  

Of the 401 incidents where a driver was suffered an ‘impairment’ a total of 148 of these were linked to driving under the influence of alcohol (37%).

Other impairments included:

  • An illness or disability – 93 accidents
  • Drug-driving – 76 accidents
  • A distraction inside the vehicle – 55 accidents

While official estimates show drink-drive collisions and casualties have fallen over the last 10 years the number of deaths have remained the same.

But that’s still 10 too many. It’s not just 10 people who lost their lives – it’s 10 families suffering an untimely loss. It’s the wider impact each tragic death has on friends or their community.

We often see festive campaigns on tackling drink-driving and educating motorists.

Last year, Police Scotland found one in every 15 drivers breathalysed were under the influence of alcohol or drugs and this figure did not change on the previous year.

Between 1 December 2019 and 2 January 2020, 8,687 motorists were stopped to test for drink or drugs. Of these, 580 driver were found to be under the influence, with 29 caught the morning after drinking. Last year, we ran a blog on whether it was safe to drive after drinking.

The drink-driving limit was lowered in 2014, making it more difficult to know whether you are over the limit after just one drink. This is why it is much safer to not drink at all if you are driving and you need to consider when it is safe to drive the morning after.

Not only does this pose a danger to themselves and their passengers, it also poses a danger to other road users.

We see the devastating impact that drink driving can cause by irresponsible and reckless drivers all too often. Whether you are a pedestrian, passenger or another driver that has been injured in an accident involving a drunk driver, then we would encourage you to seek legal help.

What should you do if you are in an accident with a drunk driver?

If you are involved in an accident with a drunk driver, then ensure you take the following steps:

  1. Stop your car as it is an offence if you fail to do so.
  2. Turn off your engine.
  3. Put your hazard lights on.
  4. Attend to any casualties and ensure everyone is safe. 
  5. Call an ambulance if needed.
  6. Call the police. Depending on the situation, call 999 or 101 – If you suspect the driver is drunk call the police as soon as possible so they can breathalyse the driver to confirm any suspicions. It is still possible to claim even if the driver flees the scene.
  7. Where possible, note everyone’s details, including the other driver, any passengers and any witnesses. Remember to give your details as well. Ensure you give/get full contact details including the other driver’s address, details of the vehicles involved with vehicle registration numbers and insurance details.
  8. Take photographs of the accident if possible.
  9. Contact your insurer to inform them of the accident.

The consequences of drink driving can be life changing for anyone involved. It is not worth the risk for just one drink. 

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