Last updated: October 14, 2026 · Written by John C. Hubbard, Attorney
A wreck caused by a drunk driver is handled differently from an ordinary car wreck in Alabama, and the differences all favor the injured person. The usual defense that ends injury claims here, contributory negligence, is not available against a drunk driver. Punitive damages are on the table. And in the right case there is a second defendant, the bar or store that served the driver, with its own insurance policy. John C. Hubbard, LLC handles drunk driving injury and wrongful death cases in Birmingham and across Alabama. No fee unless money is recovered.
Why contributory negligence does not apply
In a normal Alabama wreck, the insurer looks for any fault on your side, because even slight contributory negligence bars recovery. That defense does not apply to wanton conduct, and Alabama courts treat driving while intoxicated as evidence of wantonness, meaning the driver knew the danger and drove anyway. So the questions the adjuster uses to shrink an ordinary claim, your speed, your phone, whether you braked in time, lose most of their force when the other driver was drunk. The firm pleads wantonness in every drunk driving case for this reason.
Punitive damages
Alabama allows punitive damages where the plaintiff proves by clear and convincing evidence that the defendant acted wantonly (Ala. Code § 6-11-20). A drunk driver’s conviction, blood alcohol result and conduct at the scene usually supply that proof. In a physical injury case the award is capped at the greater of three times the compensatory damages or $1.5 million, adjusted for inflation (§ 6-11-21(d)). The cap does not apply in a wrongful death case (§ 6-11-21(j)), where Alabama damages are punitive by nature. Punitive damages are what move a drunk driving case well above what the same injuries would be worth in a wreck caused by simple carelessness, and they change how the driver’s insurer values the case from the first conversation.
Claims against the bar or store that served the driver
Alabama’s Dram Shop Act, Ala. Code § 6-5-71, gives a person injured by an intoxicated driver a claim against the business that served the alcohol. The Legislature rewrote the statute in 2023, and the current version requires proof that the business knowingly served alcohol contrary to law to a person who was visibly intoxicated at the time of service, and that the service proximately caused the injury. “Knowingly” includes what the server should have known under the circumstances. Visible intoxication is judged by everything happening at the moment the drink was poured, and a blood alcohol number taken hours later does not by itself prove what the bartender saw. The statute allows actual and exemplary damages, and it bars the drinker himself from suing the bar for his own injuries.
That makes the dram shop case an evidence race. The bar’s cameras, the tab and the time stamps on it, the server’s name, and the other customers who saw the driver are what prove visible intoxication, and most of it is gone within weeks. The firm sends a preservation letter to every bar or store identified in the police file and in the driver’s own statements, and in a serious case subpoenas the records before suit. Where the driver has a minimum policy and the bar is a commercial establishment with liquor liability coverage, the dram shop claim is often the only path to full compensation.
The criminal case helps, and you do not have to wait for it
A DUI prosecution under Ala. Code § 32-5A-191 runs on its own track. The civil claim does not wait for it, and the two years to file suit (§ 6-2-38) keeps running. A guilty plea is admissible in the civil case, and the court can order restitution for your out of pocket losses as part of the sentence. Tell the firm the case number and the prosecuting court; a victim’s input at sentencing is often what gets restitution ordered. Keep in mind that restitution rarely covers the full claim and does not reach pain, lost future earnings or punitive damages.
Your own insurance
Drunk drivers are uninsured or underinsured more often than the average driver. Your uninsured and underinsured motorist coverage applies, and Alabama allows stacking across up to three vehicles on your policy. Whether UM coverage pays punitive damages depends on the policy language, which the firm reviews on the first call. Medical payments coverage pays bills now regardless of fault.
Wrongful death
When a drunk driver kills someone, the claim belongs to the personal representative of the estate under Ala. Code § 6-5-410, and Alabama’s wrongful death damages are punitive, measured by the wrongdoer’s conduct rather than the family’s loss. A drunk driving death is the case where that rule works in the family’s favor, because the conduct is the worst kind. See the firm’s wrongful death page.
What to do this week
Get the crash report and the DUI case number. Write down every bar, restaurant or store the driver mentioned, and anything the officer said about where the driver had been. Do not give a recorded statement to the driver’s insurer. Then send the form below or call 205-378-8121. Prefer a call back? Leave your number and John will call, usually the same business day.
Frequently asked questions
Can I get punitive damages from a drunk driver in Alabama?
Yes, where you prove by clear and convincing evidence that the driver acted wantonly, which a DUI conviction and blood alcohol result usually establish. In a physical injury case the award is capped at the greater of three times compensatory damages or an inflation adjusted $1.5 million; there is no cap in a wrongful death case.
Can I sue the bar that served the drunk driver?
Yes, under the Alabama Dram Shop Act, Ala. Code § 6-5-71, if the bar knowingly served a visibly intoxicated person and that service caused the wreck. Since the 2023 amendment, visible intoxication is judged at the time of service, so the bar’s video and records matter more than the driver’s later blood alcohol level.
Does it matter if I was partly at fault?
Far less than in an ordinary wreck. Contributory negligence is not a defense to wanton conduct, and drunk driving is treated as wanton. The defense will still try, which is why you should not give a recorded statement.
Do I have to wait for the criminal case to finish?
No. The civil claim proceeds on its own, and the two year deadline to file suit keeps running whether or not the DUI case is resolved.
Start your case
Answer the questions below and John will review your summary, usually the same business day. Se habla español.
Related: car wrecks, wrongful death, contributory negligence in Alabama, uninsured motorist claims, how to get your crash report, Birmingham.
This page is general information about Alabama law, not legal advice, and contacting the firm does not create an attorney-client relationship. No representation is made that the quality of legal services is greater than that of other lawyers. Prior results do not guarantee a similar outcome.