Poynter & Bucheri, LLC represents people hurt by drunk and impaired drivers throughout Indiana. You can claim against the driver and may seek punitive damages. A bar, restaurant, store or host that served the driver can also be liable, but only if it knew the driver was visibly intoxicated (IC 7.1-5-10-15.5). You generally have two years to sue.
Who can be responsible after a drunk-driving crash?
Most claims start with the impaired driver and that driver’s insurance. Depending on the facts, others may share responsibility: the driver’s employer (if the driver was working), the owner of the vehicle, and the bar, restaurant, liquor store or party host that served the driver. Your own uninsured or underinsured motorist coverage may also apply.
Is drunk driving a crime in Indiana, and does that help my claim?
Yes. Driving with a blood alcohol concentration of 0.08 or more, or with certain controlled substances in the blood, is a crime in Indiana (IC 9-30-5-1). The criminal case is separate from your injury claim. A conviction can help prove fault, but you do not have to wait for the criminal case to make a claim.
What does Indiana’s dram shop law say?
Under IC 7.1-5-10-15.5, a person who furnishes alcohol (the statute says this includes to barter, deliver, sell, exchange, provide or give away) is liable for injuries caused by the intoxicated person only if both of these are proved:
- the furnisher had actual knowledge that the person was visibly intoxicated when the alcohol was furnished; and
- the intoxication was a proximate cause of the death, injury or damage.
The rule covers social hosts as well as businesses. It is a high bar: it is not enough that the driver was drunk; the evidence has to show the server knew it.
What evidence proves a dram shop claim?
Receipts and bar tabs, point-of-sale records, surveillance video, wristbands or bags in the car, and witness accounts of how the driver looked and acted (slurred speech, stumbling, the smell of alcohol) before the last drink. Video and sales records can be overwritten in days or weeks, so a lawyer should send a preservation letter early.
Can I get punitive damages from a drunk driver?
Possibly. Punitive damages require clear and convincing evidence (IC 34-51-3-2). They are limited to the greater of three times compensatory damages or $50,000 (IC 34-51-3-4), and by law most of any punitive award is paid to the State’s violent crime victims compensation fund (IC 34-51-3-6).
What if the drunk driver has no insurance or too little?
Your own uninsured/underinsured motorist coverage may apply (IC 27-7-5). See uninsured and underinsured motorist claims.
How long do I have to file after a drunk-driving crash in Indiana?
Generally two years from the crash to sue for injury (IC 34-11-2-4) and two years for a wrongful death claim (IC 34-23-1-1). If a government vehicle or road is involved, written tort claim notice is due within 270 days for the State (IC 34-13-3-6) or 180 days for a local government (IC 34-13-3-8).
What should I do after I am hit by a drunk driver?
- Call 911 and tell the officer if you smelled alcohol or saw open containers. Your observations go in the report.
- Get medical care right away and keep every record.
- Write down where the driver said they had been, and any receipts, wristbands or bags you saw in the car.
- Get the crash report and the criminal case number. How to get your Indiana crash report.
- Call a lawyer quickly if a bar or party may be involved, so evidence can be preserved.
- Do not give a recorded statement to the driver’s insurer before talking with a lawyer.
When should I call Poynter & Bucheri?
Call if you or a family member was injured or killed, if the driver was charged with OWI, or if you know where the driver was drinking. Poynter & Bucheri is an Indianapolis law firm that has helped Indiana accident victims since 1996. Free consultations; se habla español. Call (317) 780-8000.
Frequently asked questions
Can I sue the bar that served a drunk driver in Indiana?
Sometimes. Under IC 7.1-5-10-15.5, a bar, restaurant, store or host is liable only if it had actual knowledge the person was visibly intoxicated when it served the alcohol, and the intoxication was a proximate cause of the injury. Both must be proved.
Does Indiana’s dram shop law apply to a party host?
Yes, it can. The statute covers any person who furnishes alcohol, and “furnish” includes to provide or give away (IC 7.1-5-10-15.5). The same two conditions apply: actual knowledge of visible intoxication and proximate cause.
What do I need to prove a dram shop claim?
Evidence that the server actually knew the person was visibly intoxicated when served, such as receipts, video and witness statements, plus proof that the intoxication caused the crash. Because video is often erased quickly, contact a lawyer early.
Do I have to wait for the criminal OWI case to finish?
No. Your injury claim is a separate civil case. A conviction can help prove fault, but the two-year deadline to sue (IC 34-11-2-4) keeps running while the criminal case is pending.
How long do I have to file a claim after a drunk-driving crash in Indiana?
Generally two years from the crash for injury claims (IC 34-11-2-4), and two years for wrongful death (IC 34-23-1-1). Claims involving a government entity require written notice within 180 days (local government) or 270 days (State).
What is Poynter & Bucheri’s fee for a drunk-driver car accident case?
Our fee is 25%* on motor vehicle accident cases. *The 25% fee applies only to motor vehicle (car, truck, and motorcycle) accident cases settled prior to trial. If there is no recovery, the client owes no fee. Case costs and expenses paid by the firm are reimbursed from any settlement or recovery. This 25% fee is valid for 15 days after the date last advertised.
Does Poynter & Bucheri handle drunk-driver cases outside Indianapolis?
Yes. The firm accepts cases throughout Indiana, with offices in Indianapolis (main and downtown), Speedway, Mooresville and Kokomo. Call (317) 780-8000.
Sources
- IC 7.1-5-10-15.5: civil liability for furnishing alcoholic beverages (dram shop)
- IC 9-30-5-1: operating while intoxicated; BAC levels
- IC 34-51-3-2, -4, -6: punitive damages
- IC 27-7-5: uninsured and underinsured motorist coverage
- IC 34-11-2-4; IC 34-23-1-1: limitation periods
- IC 34-13-3-6, -8: tort claim notice
- IU Public Policy Institute for ICJI, Indiana Crash Facts 2024
Indiana Code citations are to the 2026 Indiana Code published by the Indiana General Assembly (iga.in.gov).
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.