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What Should You Do If a Loved One Is Killed in a Drunk Driving Accident?

March 22, 2025

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Losing someone in a drunk driving crash is heartbreaking. One moment, they’re here. The next, they’re gone because of someone else’s reckless choice. It’s unfair, and it leaves families with so many questions. What happens next? Who is responsible? How can you get justice for your loved one?

If you’re going through this, you’re not alone. Drunk driving crashes kill thousands of people every year in the U.S. In some cities, the numbers are even worse. Let’s talk about what you need to know and what you can do to protect your family’s future.

Where Are Drunk Driving Deaths Happening the Most?

Drunk driving crashes happen everywhere, but some cities see far more tragedies than others. In our study, “75 U.S. Cities with the Highest Rate of Fatal Drunk Driving Accidents,” we’ve highlighted the places where these deadly crashes occur most often. Cities like Odessa, TX; Pueblo, CO; and San Bernardino, CA rank among the worst, with alarmingly high numbers of fatal drunk driving accidents.

For families who have lost a loved one, gathering strong evidence is even more important. In cities where drunk driving deaths are common, proving fault in a wrongful death case can be challenging. That’s why police reports, blood alcohol content (BAC) test results, and witness statements are critical in holding the responsible driver accountable. Understanding the data from this study helps shine a light on the problem—and reinforces why families must act quickly to seek justice.

What to Do After Losing a Loved One to a Drunk Driver

Losing someone isn’t just emotional—it can also be overwhelming. Families have to deal with funeral costs, medical bills, and lost income, all while grieving. Here’s what you can do if a drunk driver took the life of your loved one.

1. Get the Police Report and Any Evidence

After a fatal crash, the police will investigate. They will:

  • Test the driver for alcohol to check if they were drunk.
  • Talk to witnesses who saw what happened.
  • Write a report about the crash, which is important evidence.

Ask for a copy of the police report when it’s ready. If there were security cameras or dashcams nearby, they may have recorded the accident, which can also help your case.

2. Talk to a Wrongful Death Lawyer

A drunk driver’s insurance company might try to settle quickly or avoid responsibility. A wrongful death lawyer can help you:

  • Hold the drunk driver accountable.
  • File a claim to get compensation for funeral costs, medical bills, and lost income.
  • Investigate if a bar or restaurant served the driver too much alcohol before the crash.

The sooner you talk to a lawyer, the better your chances of getting justice.

3. Know What Compensation You May Be Able to Get

Money won’t bring your loved one back, but it can help ease the financial stress. Families may be able to get compensation for:

  • Medical expenses (if your loved one got treatment before passing).
  • Funeral and burial costs.
  • Lost income if your loved one was the main provider.
  • Pain and suffering for emotional distress.
  • Punitive damages, which are extra payments meant to punish the drunk driver.

Every case is different, so a lawyer can help you understand what you may be owed.

4. Find Support for Yourself and Your Family

Losing someone suddenly is painful, and grief can feel overwhelming. It’s important to get support, whether from close friends, family, or a counselor.

Groups like Mothers Against Drunk Driving (MADD) offer help for families who have lost loved ones in drunk driving crashes. Talking to others who understand what you’re going through can make a difference.

How to Cope with Grief:

  • Lean on loved ones. It’s okay to ask for help from family and friends.
  • Join a support group. Talking to people who have been through the same thing can be comforting.
  • Consider counseling. A grief counselor can help you process your emotions.
  • Take it one day at a time. Healing from loss is a slow process. Be patient with yourself.

Who Can Be Held Responsible?

In most cases, the drunk driver is at fault. But sometimes, other people or businesses can also be responsible, including:

  • Bars or restaurants that kept serving alcohol to a driver who was already drunk.
  • Party hosts who gave alcohol to an underage or obviously drunk person.
  • Car manufacturers if a vehicle defect made the crash worse.

A lawyer can investigate to see if others should be held responsible, too.

How Can We Stop Drunk Driving Deaths?

Drunk driving deaths don’t have to happen. While legal action can help families get justice, real change happens when people make better choices. Here’s how we can all help prevent these tragedies:

  • Use rideshare services. Uber and Lyft are always safer than driving drunk.
  • Support tougher DUI laws. States with stricter penalties see fewer fatal crashes.
  • Encourage DUI checkpoints. More police presence can stop drunk drivers before they cause harm.
  • Raise awareness. Sharing stories and educating others can help prevent future crashes.
  • Be a responsible friend. If you see someone about to drive drunk, take their keys and help them find a safe ride home.

How Long Do You Have to File a Wrongful Death Claim?

Every state has a time limit for filing a wrongful death lawsuit, known as the statute of limitations. In some states, like Pennsylvania, families have as little as two years to take legal action. If you wait too long, you may lose your chance to seek compensation.

This is why it’s so important to speak with a lawyer as soon as possible. They can help you understand the deadlines in your state and make sure you don’t miss any important legal steps.

Let van der Veen, Hartshorn, Levin & Lindheim Help You File a Wrongful Death Claim in Pennsylvania

Losing a loved one in a drunk driving crash is one of the hardest things a family can go through. It’s not just an accident—it’s a preventable tragedy. If this has happened to your family, know that you have options.

By taking action, you can hold the responsible parties accountable, ease the financial burden, and help prevent future tragedies.

If your loved one was killed in a drunk driving crash in Philadelphia or the surrounding Lehigh County area, don’t wait. Contact a lawyer from van der Veen, Hartshorn, Levin & Lindheim to learn how you can seek justice and get the support you need.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.

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