IF THE DRIVER IS FOUND NEGLIGENT
If the driver’s negligence is proved, the driver’s insurance company will be responsible for compensating the injured party, or their family member, for losses that were incurred as a result of the driver’s negligence. These can include things such as medical expenses, pain and suffering, lost wages, loss of enjoyment of life, etc. All of these types of damages are aimed at compensating the injured party, or their family members, for losses that they suffered in hopes to put them in the position they would have been in had the accident never occurred.
The driver may also be sued for punitive damages. These do not aim to compensate the injured party for losses that were suffered, but instead aim to punish the driver for driving drunk. The chance of being successful on a claim for punitive damages depends on several factors and must be judged on a case by case basis.