Have you or a family member been injured in a Decatur drunk driving accident? Contact our Decatur drunk driving accident lawyers at Mama Justice today. We fight to get you the compensation and justice you deserve.
If you were hurt by a drunk driver in Decatur, Alabama, you generally have two years to file a personal injury lawsuit under Alabama law. A Decatur drunk driving accident lawyer at Mama Justice can investigate the crash, deal with insurers, and pursue compensation for medical bills, lost wages, and pain and suffering. Call 24/7 for a free consultation.
Thousands of people lose their lives or get injured in motor vehicle accidents involving drunk drivers every year. According to NHTSA, 11,904 people were killed in alcohol-impaired-driving crashes across the United States in 2024. That is about 30 percent of all traffic deaths. Every one of those numbers is a family, and we know how heavy that can feel.
Due to the dangers associated with drunk driving, several legal provisions are put in place to curb drunk driving in Decatur. Despite these legal enforcements, we continue to see people injured in drunk driving car accidents across the Decatur area.
When you suffer injuries or a fatality in a drunk driving accident caused by a driver’s reckless actions, it can leave you confused or distressed. Our Decatur drunk driving attorneys at Mama Justice can put your mind at ease and help you seek financial compensation.
Our Decatur personal injury attorneys at Mama Justice maintain positive attorney-client relationships and offer our clients the best legal representation because we understand the challenges faced by DUI accident victims.
If you or someone you know has been injured in a car accident caused by a drunk driver, contact Mama Justice for a free case evaluation and to learn more about your legal options.
Written by the Mama Justice legal team · Legally reviewed by Missy Wigginton, Founding Attorney (also known as “Mama Justice”)
Last reviewed: September 30, 2026
What Makes Drunk Driving Dangerous in Decatur?
Drunk driving has many negative consequences. Drunk driving can cause a person to injure not only themselves but other people as well. A drunk driver can face criminal charges, steep fines, jail time, and license suspension for years to come, depending on the accident’s severity.
Drunk driving accidents can lead to catastrophic injuries that can cause lifelong disabilities, severe emotional hardships, or even death as a result of the suffered injuries. Contact our experienced personal injury lawyers at Mama Justice immediately for a free case review if you have been injured in a car accident. We’ll ensure you get the compensation you deserve.
What Counts as a DUI in Decatur, Alabama?
Alcohol and drug tests can determine if a person has consumed more than the legal limit of 0.08% blood alcohol concentration. Blood and urine tests can also test for the presence of a wide variety of drugs. The police can administer some tests to determine whether someone is driving under the influence of alcohol and drugs.
For the most part, no test is needed to prove a defendant was driving under the influence. However, in some cases, a positive blood alcohol content (BAC) level is necessary to establish that point beyond a reasonable doubt.
Under Ala. Code § 32-5A-191, it is generally illegal to drive with a blood alcohol concentration of 0.08 percent or higher. The limit is 0.04 percent for commercial drivers in a commercial vehicle and 0.02 percent for drivers under 21. A driver can also be charged when alcohol, drugs, or a mix of both leave them unable to drive safely, even if the number is lower.
What Are Field Sobriety Tests, and Do They Matter for My Decatur Injury Claim?
Field sobriety tests are designed to detect alcohol impairment by gauging balance and coordination, logically assessing the situation, tracking movement, naming objects, and recognizing words.
Police officers use these tests to gain probable cause for arrest on suspicion of impairment. If a driver appears to be impaired by alcohol, such as being unsteady on their feet or showing signs of intoxication, such as slurred speech, police officers may administer field sobriety tests.
Field sobriety tests help determine whether someone is intoxicated. If the driver passes the test, probable cause is not present, and an arrest cannot take place.
There are various sobriety tests, but the three standardized tests are:
- The Horizontal Gaze Nystagmus Test: The Horizontal Gaze Nystagmus (HGN) test is used to check the level of intoxication by measuring velocity in eye movement. An ophthalmologist first developed it to check for eye conditions that are not noticeable otherwise, such as Horizontal Gaze Nystagmus (HGN), which happens in the retina and can be the result of drug or alcohol use. The test relies on the eye to follow an object to reveal if any alcohol or drug use has taken place recently.
- The Walk and Turn Test: The walk and turn test, also known as the divided attention test, measures your ability to balance, your use of arms and legs for balance, and whether you need to use your arms and legs for assistance while walking. Your ability to walk in a straight line and turn on one foot is used as an indicator of coordination and sobriety.
- The One Leg Stand Test: The one-leg stand test is a field sobriety test used to check someone’s balancing ability and coordination abilities. The one-leg stand test is a method of testing balance by checking to see if your drinking or drug use affected your balance. Making a mistake, such as using your arms or putting down your foot, could lead to being charged with a DUI.
Who Can Be Held Liable for a Drunk Driving Accident in Decatur?
A drunk driving crash can be more expensive than most people realize. When drunk drivers make the irresponsible decision to get into a car and drive, this behavior can lead to criminal and civil consequences.
After a DUI crash, the at-fault driver may be held financially responsible for property damage or personal injuries.
If someone is found guilty of drunk driving, there could be serious consequences like facing jail time and paying heavy fines. In addition to criminal liability, drunk drivers may face civil liability, especially in the case of a serious auto accident that causes severe injuries or death.
The accident victims or family members can file personal injury claims or a wrongful death lawsuit to recover damages. Our experienced Decatur drunk driving accident lawyers can help you recover damages and ensure the at-fault party is punished accordingly by the law.
Can a Bar or Restaurant Be Held Responsible for a Decatur Drunk Driving Crash?
Sometimes, yes. Alabama’s dram shop law, Ala. Code § 6-5-71, lets an injured person bring a claim against a business that knowingly sold or served alcohol to someone who was visibly intoxicated, when that service was a proximate cause of the injury. In plain words, if a place kept pouring for someone who was clearly drunk, and that person then hurt you on the road, the business may share responsibility.
These claims are fact-heavy. We look at receipts, bar tabs, security video, and witness statements to see what the server knew and when. Because this kind of evidence can disappear fast, call us as soon as you can.
Other people may also share blame. If the drunk driver was on the job, an employer may be involved. If the driver was operating a commercial rig, a trucking company may be responsible too, and our Decatur truck accident team knows how to dig into those cases.
What to Do Immediately After a Drunk Driving Accident in Decatur
In the event of an accident with a drunk driver, there are steps that you can take to minimize damage to your vehicle and keep the incident from escalating. Some of these steps are:
- Seek medical attention: Do not hesitate to seek immediate medical attention immediately. This ensures you get treatment, and that your injuries are documented for insurance and legal purposes. Some of the most common injuries suffered in a drunk-driving car accident are broken bones and dislocation of your shoulder or arm. These serious injuries can be partially or completely disabling for many months.
- Contact the police: If any injuries are involved, regardless of their severity, you must notify the proper authorities. If a deceased or injured person is involved, you must also call an ambulance. To receive insurance coverage, you will also need to obtain a police report.
- Talk to witnesses: Accidents can happen in an instant. The adrenaline can cause you to miss important details. If witnesses are around, ask them what they saw and record their statements on your phone if possible.
- Record the scene: Try to safely take as many pictures and videos of the accident scene as possible. You can also write down any details that may change before the police arrive. If you do this right after the accident, this information could be important evidence to help you get compensated for all of your damages. It will help strengthen your case when filing a claim and prove that the accident happened just as you said it did.
- Exchange contact and insurance information: It is also important to exchange personal information with the other party involved. Ask for their contact information, such as name, physical address, and phone number. Take note of the drunk driver’s insurance company information by requesting the company name and policy number. Remember to get the driver’s license number as well. In case an intoxicated driver is unwilling to provide you with these details, take photos of the events describing their car instead.
- Speak to an experienced Decatur drunk driving accident lawyer. A good attorney is a key to the successful resolution of your case. If you want to ensure you get maximum compensation, hire a lawyer. Having an experienced Decatur car accident attorney by your side to handle your drunk driving accident case will help you get the compensation you deserve to get your life back on track. Our passionate lawyers will even help you get a copy of the police report for your accident and help you get medical care for your suffered injuries. The faster you get in touch with a car accident lawyer, the greater the chance of getting a fair settlement. Get in touch for a free legal consultation with our experienced Decatur drunk driving accident lawyers now.
If you are an accident victim harmed by a drunk driver, schedule a free case evaluation with our Alabama legal team today to get started on your case.
How Do I Get My Crash Report After a Drunk Driving Accident in Decatur?
Alabama crash reports are available through the Alabama Law Enforcement Agency (ALEA) at alabamadl.alea.gov for a $15 fee (see Ala. Code § 32-10-7). The report can take a little time to be filed, so check back if it is not there right away.
When you read the report, look closely at the officer’s notes. Check whether impairment was noted, whether a chemical test was requested, and whether witnesses were listed. If something is wrong or missing, tell us right away. We can help you request the report, and we can push for the other evidence that a report leaves out.
Here is a simple checklist for the days after a Decatur crash:
- Get checked by a doctor, even if you feel okay.
- Save your photos, videos, and the names of witnesses.
- Get your crash report and read it closely.
- Keep every medical bill, pay stub, and receipt in one folder.
- Do not give a recorded statement to the other driver’s insurer.
- Call Mama Justice at 888-805-6010 so we can protect your claim from day one.
What Damages Can You Recover After a Drunk Driving Accident in Decatur?
If you are a drunk driving accident victim, you can file a car accident claim to hold the drunk driver accountable. Some of the damages you can claim include:
- Loss of Wages: Victims of drunk driving car accidents may be entitled to compensation for lost wages. If you cannot work due to the accident, you can seek compensation to cover the work you missed as a result of your injuries. If the injuries are so severe that you cannot return to work permanently, you can also seek compensation for future earnings.
- Medical Expenses: The overall cost of medical care is ever on the rise. Navigating your way through this maze can be daunting, especially if the negligent actions of another party caused your injuries. Compensation can be sought to pay for medical bills and damages incurred due to the injuries sustained. When this happens, the drunk driver is liable to pay for approved medical treatment until one is entitled to compensation. This includes past and future treatment costs.
- Pain and Suffering: The pain and suffering experienced by the victim as a result of an injury can be compensated for in the settlement. It is used to compensate the victim for the pain suffered due to the trauma and the inability to participate in normal day-to-day activities.
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Wrongful Death: If a drunk driver takes someone you love, Alabama law allows a wrongful death claim when another person’s wrongful act caused the death. In Alabama, wrongful death damages are generally punitive, meaning they are meant to punish the wrongdoing and discourage it, and the claim is brought by the deceased person’s personal representative. These claims generally must be filed within two years (Ala. Code § 6-5-410). Losing a family member is a heavy weight, and you should not have to carry the legal side alone. Learn more about our Decatur wrongful death lawyers.
- Punitive Damages: Punitive damages are designed to punish the driver who caused the incident and prevent other people from driving under the influence. Although uncommon in Decatur, punitive damages may be awarded by the court if the defendant’s actions are reckless, callous, or malicious and act as a strong deterrent against future misconduct of an egregious nature.
To recover damages after drunk driving crashes, injured parties should schedule a free case evaluation with our experienced car accident lawyer at Mama Justice.
What Is My Decatur Drunk Driving Case Worth?
There is no set number, and anyone who promises one is not being straight with you. What your claim is worth depends on the facts of your crash and the full cost of your injuries.
Here are the main factors we look at:
- How serious your injuries are and how long they last
- Past and future medical bills, including rehab and therapy
- Wages you lost and any change in your ability to work
- Pain and suffering and how the injury has changed your daily life
- Available insurance, from the driver, your own policy, and any other responsible party
- Whether the driver’s conduct was reckless enough to support punitive damages
- Whether the other side argues that you share fault
We build your claim around the whole picture, not just the bills you have today. Past results do not guarantee future outcomes, and every case is different.
How Long Do I Have to File a Drunk Driving Claim in Decatur, Alabama?
The laws governing when you can successfully file a personal injury claim in Alabama are called “statutes of limitation.” Alabama has a two-year statute of limitations after you sustain an injury to file a personal injury lawsuit in a civil court. If you fail to file a claim in court before that time has passed, your right to compensation may be waived.
What If I Was Partly at Fault for a Decatur Drunk Driving Crash?
This is where Alabama is different, and you deserve to hear it plainly. Alabama follows a rule called pure contributory negligence. Under that rule, if you are found even slightly at fault, your claim can be barred completely. Many other states, including Mississippi, reduce your recovery by your share of fault instead. Alabama can shut the door.
That means insurance companies may look hard for anything to blame on you, even when the other driver was drunk. They may point to speed, a missed turn signal, or a moment you looked away. Do not guess about fault, and do not sign or record anything for an adjuster until you have talked with a lawyer.
Fault is complicated, and every case turns on its facts. Alabama has exceptions and related rules, so talk to an attorney about your situation as early as you can.
How Long Does a Decatur Drunk Driving Case Take?
It depends on your injuries and the fight the insurance company puts up. A claim with clear fault and a full recovery can sometimes wrap up in a few months. A case with serious injuries, a death, or a lawsuit in Morgan County Circuit Court can take a year or longer.
We do not rush you to sign a low offer. Your medical picture needs time to become clear, and we do not settle before we understand what your injuries will really cost you.
Do I Need a Lawyer for a Decatur Drunk Driving Claim?
You are not required to hire one, but you will be up against insurance companies with teams of lawyers. Alabama’s contributory negligence rule also makes small mistakes costly. A lawyer can gather evidence, deal with the insurers, and stand between you and the pressure while you heal.
Mama Justice works on a contingency fee, which means no fee unless we win. Your consultation is free. Whether you live near Decatur Morgan Hospital, off I-65, or out on US-31 or AL-20, we are ready to talk, day or night.
Decatur Drunk Driving Accident FAQs
How long do I have to file a drunk driving accident claim in Decatur, Alabama?
In Alabama, you generally have two years from the date of the crash to file a personal injury lawsuit (Ala. Code § 6-2-38). Wrongful death claims are also generally two years (Ala. Code § 6-5-410). Deadlines vary by claim type, so talk with a Decatur drunk driving accident lawyer as soon as you can.
Can I sue a drunk driver even if they were also charged with DUI?
Yes. A criminal DUI case and a civil injury claim are separate. The criminal case punishes the driver. Your civil claim seeks money for what the crash cost you, such as medical bills, lost wages, and pain and suffering. A DUI arrest can help your case, but you do not need a conviction to bring a claim.
What if I was partly at fault for the crash?
Alabama follows a strict rule called contributory negligence. Under that rule, if you are found even slightly at fault, your claim can be barred completely. That is why insurers look for any reason to blame the injured person, even when the other driver was drunk. Talk with a lawyer before you give any statement to an insurance company.
What is my Decatur drunk driving case worth?
There is no set number. Value depends on things like the seriousness of your injuries, your medical bills, the time you missed from work, your pain and suffering, and the insurance available. Past results do not guarantee future outcomes. A Decatur attorney can review your records and explain a realistic range.
Can a bar or restaurant be held responsible for a drunk driving crash?
Sometimes. Under Alabama’s dram shop law (Ala. Code § 6-5-71), a business that knowingly serves alcohol to a visibly intoxicated person may be responsible for injuries that result. These claims depend on the facts, so ask a lawyer to review what happened before the crash.
What if the drunk driver has no insurance or too little insurance?
Alabama’s minimum liability limits are generally $25,000 per person, $50,000 per accident, and $25,000 for property damage. Those limits can be too low for serious injuries. Your own policy may include uninsured or underinsured motorist coverage, and other responsible parties may exist. Confirm your options with an attorney.
How long does a Decatur drunk driving case take?
It depends. A simple claim with clear injuries may resolve in months. A case with serious injuries, a death, or a lawsuit can take a year or longer. We do not rush you into a low offer. We wait until we understand the full cost of your injuries.
Do I need a lawyer, and what does it cost?
You are not required to hire one, but insurers have lawyers on their side, and Alabama’s contributory negligence rule makes mistakes costly. Mama Justice works on a contingency fee, which means no fee unless we win. The consultation is free. Call 888-805-6010 any time, day or night.