A drunk driving crash can leave you with medical bills, lost income, and a long recovery. Cory Watson Attorneys helps people hurt by impaired drivers in Birmingham and nearby communities preserve evidence and pursue compensation, working alongside Birmingham personal injury attorneys.
Bar receipts and surveillance video may not be kept for long, so request a free case review as soon as you can.
Hurt by a Drunk Driver in Birmingham? Here's Where You Stand
A driver who chooses to drink and drive is responsible for the harm that follows.
The Lakeview District, which extends west toward the Red Mountain Expressway, and nearby Five Points South are two of Birmingham's popular nightlife areas. The expressway carries U.S. 31 and U.S. 280 between Homewood and I-20/59, just northeast of downtown. According to NHTSA's 2024 alcohol-impaired driving data, alcohol impairment among drivers in fatal crashes was three times higher at night than during the day.
Many camera systems record over old video, so we work to preserve footage, crash reports, arrest records, and blood alcohol results as early as possible.
What Do Alabama's DUI Laws Mean for Your Injury Claim?
Alabama sets a blood alcohol limit of 0.08 percent for most drivers, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21. The criminal case runs separately, so a plea deal or dismissal does not end your injury claim.
Alabama follows contributory negligence, so even a small share of fault can bar recovery. However, contributory negligence is not a defense to wantonness, and drunk driving can support a wantonness claim, depending on the facts.
In 2024, 11,904 people died in U.S. crashes involving an alcohol-impaired driver, about 30 percent of all traffic deaths. In Alabama, 277 of the state's 962 traffic deaths that year involved an alcohol-impaired driver.
How Do We Build Your Drunk Driving Case?
We gather the evidence needed to document each loss, from toxicology results and camera footage to medical records and proof of lost income.
- Catastrophic injuries. Spinal cord and traumatic brain injuries can require lifetime care, so future care costs belong in the demand.
- Hit-and-run and wrong-way crashes. When a driver flees or enters I-65 against traffic, paint transfer and camera footage can help identify them. The Alabama Department of Insurance notes that uninsured motorist coverage can pay for injuries caused by a hit-and-run driver.
- Working drivers. If the impaired driver was operating a delivery van or company truck, the employer's insurance may apply.
- Pedestrians and cyclists. People on foot and on bikes have no vehicle to protect them from an impaired driver.
- Wrongful death. As the Alabama Supreme Court has long interpreted the Wrongful Death Act, damages in a death case are punitive only. They punish the wrongdoer rather than reimburse the family's financial losses. Our Birmingham wrongful death lawyers handle these claims for families.
What Can You Recover After a Drunk Driving Crash?
Recovery can include medical costs, future treatment, lost wages, reduced earning ability, vehicle repair, in-home help, and compensation for pain and the activities you had to give up. Our Birmingham car accident attorneys document each one.
Punitive damages are not automatic. Under Ala. Code § 6-11-20, they require clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice. A drunk driving crash may meet that standard, depending on the facts. Wrongful death claims follow their own rules.
Can You Sue the Bar or Host Too?
Sometimes. Under Alabama's Dram Shop Act, as amended in 2023, a business can be liable if it knew or should have known it was unlawfully serving someone who was visibly intoxicated, and that service was the proximate cause of the crash. Separately, Alabama law lets a parent sue anyone who unlawfully sells or furnishes alcohol to their minor child.
Private hosts who serve adults generally are not liable. The driver and the business can be sued in the same lawsuit.
Why Do Alabama's Rules Shape Your Case?
Alabama generally allows two years to file injury and wrongful death claims. Its dram shop standard is strict, and its contributory negligence rule is unforgiving. Each one shapes how and when we build your case.
What Does Getting Started Look Like?
- Free consultation. Reach us through our online contact form. Our team is available 24/7.
- Investigation. We gather crash reports from the Birmingham Police Department, the Jefferson County Sheriff's Office, or the Alabama Law Enforcement Agency, depending on where the crash happened.
- Advocacy. We handle communication and negotiation with insurance companies.
Questions Birmingham Families Ask Us
Do I need a DUI conviction to file a claim?
No. The criminal case and your civil claim move on separate tracks. Even if charges are pending, reduced, or dismissed, you can show impairment through the crash report, witness accounts, toxicology results, and video from nearby businesses.
How long do I have to file?
In most cases, two years. Under Ala. Code § 6-2-38, injury lawsuits generally must be filed within two years. Under Ala. Code § 6-5-410, wrongful death claims must be filed within two years of the death. Some exceptions exist, but waiting is risky, and contacting us early helps preserve evidence.
What if the drunk driver has little or no insurance?
You may have more coverage than the driver's policy. If your policy includes it, your uninsured/underinsured motorist coverage may apply. An employer may share responsibility if the driver was working, and a bar that unlawfully served a visibly intoxicated patron may also be liable.
Ready to Talk About What Happened?
Cory Watson Attorneys is available 24/7. Contact us today for a free case review.