Liability depends on fault; fault in a case like this depends on negligence, or unreasonable carelessness. It is *possible* that the driver could be sued and the woman (or her survivors, if she was killed) might win, if it can be shown that the driver him/herself was driving carelessly--for example, if the driver, too, was drunk, or was driving too fast for conditions, or texting and driving, etc.That said, it is unlikely that the woman would prevail in a lawsuit:1) The police report is not binding on a civil jury or judge--they could find for the woman--but it will be powerful evidence; it is very persuasive that the police found no fault.2) Even if the driver is also at fault, the woman is clearly at fault, too--she was drunk, she ran out onto a highway, etc. When the plaintiff (person suing) is also at fault, her fault will at least reduce what she could recover if she wins; if she is sufficiently at fault, it could even prevent her from recovering anything in many cases.