According to the National Highway Transportation Safety Administration, drunk drivers caused more than 1.2 million injuries and deaths in 1998. Although the law can never replace a loved one, it does provide means of recovery for these victims.
Victims can sue the drunk driver under the general laws of negligence.
But often the drunk driver is either uninsured or underinsured and has few, if any, assets to support a lawsuit. Even if there is no way to pursue recovery against the drunk driver, there may be a way to pursue recovery against the person who provided the alcoholic beverage to the drunk driver. A liquor store, bar or restaurant may be responsible for any damages caused by drinking if it sold alcohol to an underage person or to a person who was obviously intoxicated. State statutes vary in terms of what is required to establish liability of a provider of alcohol. Generally, you must show that the provider of alcohol provided alcohol to either an underage minor or to a person he or she knew was intoxicated.