Can I sue the other driver if he was drunk? 1 Answers as of January 12, 2012

You can certainly sue. However, you damages are the same regardless of whether he was drunk. You can recover medical bills, lost wages, and pain and suffering. Pain and suffering is usually not worh much unless your injury is permanent. I would wait for several months, as much as six, before settling. Most whiplash injuries resolve after a few months. Some do not. I have had people settle their case, only to find later that their injury has become chronic. You can also recover punitive damages based on the other driver's recklessness. His being drunk is relevant to punitive damages. Also, Even for actual damages (pain and suffering) juries do tend to award more money if the other driver was drunk or acting recklessly.