Every year in Alabama, drunk drivers kill over 300 people and injure thousands more. That’s nearly one death every single day from something completely preventable. Behind each statistic is a family torn apart, medical bills piling up, and lives changed forever. If you’ve been hit by a drunk driver in Birmingham, Montgomery, Huntsville, or anywhere in Alabama, you need to know that criminal charges against the driver are just the beginning – not the end – of getting justice.
The Devastating Reality of Drunk Driving Accidents in Alabama
Alabama consistently ranks among the worst states for drunk driving deaths. Nearly 30% of all traffic fatalities in our state involve alcohol. During holidays like the Fourth of July, New Year’s Eve, and Labor Day weekend, that number jumps even higher. College football Saturdays see drunk driving arrests spike across Birmingham, Tuscaloosa, and Auburn.
Michael Strickland, founding attorney at Strickland & Kendall with over 30 years of experience, has seen the worst of what drunk drivers do to innocent families. “These aren’t accidents – they’re crimes,” he states firmly. “When someone chooses to drive drunk, they’ve made a decision that can destroy lives. We make sure they’re held fully accountable, both criminally and financially.”
The injuries from drunk driving crashes tend to be catastrophic because impaired drivers often speed, run red lights, and don’t brake before impact. Victims face traumatic brain injuries, spinal cord damage, multiple fractures, internal organ damage, and psychological trauma that can last a lifetime.
Criminal Charges vs. Your Civil Rights: Two Separate Fights for Justice
Many victims think that once the drunk driver gets arrested, justice is served. But criminal charges don’t pay your medical bills or compensate you for your pain. Understanding the difference between criminal and civil cases is crucial for protecting your rights.
The Criminal Case: The State vs. The Drunk Driver
When police arrest a drunk driver, the state of Alabama prosecutes them for breaking the law. They might face jail time, lose their license, pay fines to the state, and get probation. But here’s what victims need to understand: not one penny of those criminal fines goes to you. The criminal case is about punishing the drunk driver, not helping you recover.
Your Civil Case: Getting the Compensation You Deserve
Your civil lawsuit is completely separate from criminal charges. This is where you fight for compensation for medical bills, lost wages, pain and suffering, property damage, and future care needs. You can pursue a civil case whether the driver is convicted, acquitted, or never charged at all.
Ed Kendall, partner at Strickland & Kendall, explains why this matters: “We’ve won millions for clients even when the drunk driver got a plea deal or walked free on technicalities. Criminal court has different standards and goals. In civil court, we focus on one thing – getting you full compensation for what they took from you.”
Punitive Damages: Making Drunk Drivers Pay Extra in Alabama
Alabama law recognizes that drunk driving is more than negligence – it’s conscious wrongdoing that deserves extra punishment. That’s where punitive damages come in. These are damages above and beyond your actual losses, designed to punish the drunk driver and send a message to others.
When You Can Get Punitive Damages
Alabama allows punitive damages when drivers show “wanton” behavior – acting with reckless indifference to others’ safety. Drunk driving almost always qualifies. The higher the blood alcohol level, the stronger your punitive damage claim becomes. A driver at 0.15 BAC (nearly double the legal limit) shows extreme recklessness that juries punish harshly.
How Much Can Punitive Damages Be Worth?
Alabama caps most punitive damages at three times your compensatory damages or $1.5 million, whichever is greater. But here’s the important part: drunk driving cases can sometimes exceed these caps. If the driver was extremely intoxicated or has prior DUIs, larger awards are possible. Strickland & Kendall has secured multiple seven-figure punitive damage awards against drunk drivers who thought insurance would protect them.
Alabama’s Dram Shop Law: When Bars and Restaurants Share the Blame
The drunk driver isn’t always the only one responsible for your injuries. Alabama’s dram shop law makes bars, restaurants, and even social hosts liable when they overserve alcohol to someone who then causes a crash.
How Dram Shop Liability Works
Under Alabama law, establishments can be held responsible if they serve alcohol to someone who is visibly intoxicated, or serve alcohol to minors who then cause accidents. This means if the drunk driver was stumbling, slurring words, or obviously impaired when the bar kept serving them, the bar shares liability for your injuries.
Proving a Dram Shop Case
These cases require quick action and thorough investigation. Evidence disappears fast – surveillance footage gets deleted, witnesses forget details, and credit card records become harder to obtain. Strickland & Kendall knows how to preserve this crucial evidence by immediately sending preservation letters to bars, interviewing witnesses while memories are fresh, obtaining surveillance footage before it’s deleted, and tracking the drunk driver’s path before the crash.
Social media often provides powerful evidence. Drunk drivers and their friends frequently post photos and videos from bars, creating a timeline of intoxication that proves overserving.
Immediate Steps to Protect Your Rights After a Drunk Driver Crash
What you do in the hours and days after a drunk driving accident can determine whether you get full compensation or get stuck with bills you can’t pay.
At the Scene: Gathering Critical Evidence
Call 911 immediately and insist police test the driver for alcohol. Don’t let anyone talk you out of it. Tell officers if you smell alcohol, see beer cans or bottles, notice slurred speech or stumbling, or hear the driver admit to drinking. Ask witnesses what they saw and get their contact information. Many drunk drivers come from somewhere – a bar, party, or restaurant. Finding out where can lead to additional compensation.
Take photos of everything, especially any alcohol containers in or around their vehicle. Document your injuries, vehicle damage, and the overall scene. If the drunk driver tries to apologize or explain, record it if possible. These admissions become powerful evidence.
After Leaving the Scene: Building Your Case
Get medical treatment immediately, even if you feel okay. Adrenaline masks pain, and some injuries don’t show symptoms right away. Keep every receipt, bill, and document related to the accident.
Follow up with police to get the arrest report and BAC results. This criminal evidence strengthens your civil case dramatically. If you know where the drunk driver was drinking, your lawyer can investigate dram shop liability before evidence disappears.
Don’t talk to insurance companies without a lawyer. They’ll use Alabama’s contributory negligence law against you, claiming you could have avoided the accident somehow. One wrong word could destroy your case.
Why Insurance Companies Fight Harder in Drunk Driving Cases
You might think insurance companies would quickly pay claims involving drunk drivers. After all, their client was clearly wrong. But actually, they often fight harder because the stakes are higher. They know juries award big verdicts against drunk drivers, punitive damages could triple their exposure, and dram shop claims might bring in additional insurance policies.
Insurance companies use every trick to reduce what they pay. They argue you weren’t hurt as badly as you claim, delay hoping you’ll accept less out of desperation, and try to find any way to blame you partially. They might even claim their policy doesn’t cover intentional criminal acts.
Frequently Asked Questions About Alabama Drunk Driving Accident Claims
What if the drunk driver doesn’t have insurance or enough coverage? Many drunk drivers have minimal or no insurance. Your uninsured/underinsured motorist coverage can help. Dram shop claims against bars provide another source. The drunk driver’s personal assets can be pursued. Strickland & Kendall investigates every possible source of compensation to maximize your recovery.
How long do I have to file a lawsuit against a drunk driver? Alabama’s statute of limitations gives you two years from the accident date. But dram shop claims might have shorter deadlines, and evidence disappears quickly. Contact a lawyer immediately to preserve your rights and evidence.
Can I sue if my loved one was killed by a drunk driver? Yes. Alabama wrongful death law allows family members to seek compensation for the loss of their loved one. These cases can include both compensatory and punitive damages. Strickland & Kendall handles these devastating cases with compassion and fierce advocacy.
What if I was a passenger in the drunk driver’s car? You still have rights to compensation. Being a passenger doesn’t make you responsible for the driver’s choice to drive drunk. However, insurance companies might argue you knew they were drunk and got in anyway. You need skilled lawyers to protect your claim.
Do I have to wait for the criminal case to end before filing a civil lawsuit? No. Your civil case can proceed independently. In fact, waiting could hurt your case as evidence disappears and witnesses forget details. File your civil claim immediately while pursuing criminal justice simultaneously.
What if the drunk driver gets found not guilty in criminal court? This doesn’t affect your civil case. Criminal court requires proof “beyond a reasonable doubt,” while civil court only needs “preponderance of evidence” – basically, more likely than not. Many victims win large civil verdicts even after criminal acquittals.
Why Choose Strickland & Kendall for Your Drunk Driving Accident Case
Drunk driving cases demand lawyers who won’t back down from insurance companies or accept inadequate settlements. Strickland & Kendall brings unique advantages to these cases. With over $1 billion recovered for clients and more than 100 trials, they have the track record that makes insurance companies pay attention.
They understand both criminal and civil aspects of drunk driving cases, know how to investigate and prove dram shop claims, and have the resources to fight for punitive damages. Most importantly, they prepare every case for trial, forcing fair settlements because insurance companies know they’ll go to court.
Michael Strickland and Ed Kendall take drunk driving cases personally. They’ve seen too many families destroyed by preventable tragedies. When they take your case, they fight not just for compensation, but to send a message that drunk driving won’t be tolerated in Alabama.
If you or a loved one has been injured by a drunk driver in Alabama, don’t let them get away with it. Call Strickland & Kendall at 334-269-3230 for a free consultation. They’ll fight for every dollar you deserve, including punitive damages that make drunk drivers truly pay for their choices.