What You Need to Do If You Were Hit by a Drunk Driver

If a drunk driver hits you, it is understandable to wonder about your rights. Depending on the circumstances, you may be able to file a Personal Injury lawsuit against the driver. You can collect damages from the driver’s insurance company.

Despite significant progress in reducing road fatalities in recent years, driving under the influence of alcohol or drugs remains an important contributing factor to road trauma in Australia. On average, around one in eight road fatalities in Australia involve a driver over the legal blood alcohol limit. In addition, drugs (both illicit and prescription) are a factor in many road crashes.

You may be entitled to redress if you are injured due to someone else’s negligence. The person at fault is liable to pay damages to wounded people, including medical expenses, lost wages, and pain and suffering. You should contact a car accident lawyer to discuss your case if you have been injured.

Drunk Driving

Drunk driving is a severe problem in Australia. Every year, hundreds of people are killed or seriously injured in crashes where alcohol is a factor. Despite the dangers, many people continue to drink and drive. Some do it thinking they can get away with it. Others do not think about the risks. 

Whatever the reason, it is essential to understand that drunk driving is a crime. You could face various penalties, including a fine, jail time, or a driving ban if caught. Injury lawyers in Perth will remind you that drunk driving is hazardous because it impairs your driving ability.  

Liquor slows down your reflexes and makes it difficult to concentrate. You may also have trouble judging distances and speeds.  In short, drunk driving makes you more likely to have an accident. And if you have an accident, the chances of it being severe or fatal are much higher. 

Personal Injury Claim

Filing a Personal Injury claim in Western Australia can be a complicated and stressful process, so you need the legal guidance of a car accident lawyer. Before making a claim, you need to consider the following:

  • the type of injury
  • the severity of the injury
  • who was at fault. 

It is vital to seek legal advice before making a claim, as strict time limits are in place. A Personal Injury lawyer will be able to assess your case and advise you on the best course of action. If you are not sure if you have a Personal Injury claim, an experienced car accident lawyer can help. They will look at the details of your case and let you know if you have a claim.

Drunk Driving Penalties

In Western Australia, the penalties for drunk driving are severe. The consequences of a drunk driving conviction can include: 

  • a fine 
  • a loss of licence
  • even imprisonment.

Unless a judge grants you a section 10, you will be convicted of a high-range PCA. It means you will face penalties such as a fine or imprisonment and lose your licence for some time.

However, if the judge makes an order under section 10, no criminal conviction is recorded, and no disqualification or fine is imposed. Courts do not freely dismiss matters under section 10, and they must be convinced that your case deserves it. According to the guideline judgement for high-range PCA, if it is your first high-range PCA and is an “ordinary case”, section 10 is still rarely appropriate.


You may be entitled to compensation for your injuries if a drunk driver hits you. You may be able to sue the driver or the driver’s insurance company. You may also be able to get redress from your insurance company.

If you were involved in such an accident, it will be in your best interest to consult a lawyer. As a Personal Injury lawyer in Perth specialising in Motor Vehicle Accident Claims, once you have filed a claim, D’Angelo Legal can help you achieve the best possible outcome. Start the conversation and contact us today!