Can you sue a drunk driver after an accident? If the fact that the driver was impaired caused the accident, then you can sue the drunk driver. Drunk driving accidents can have life-changing consequences, often resulting in serious injuries or even fatalities. Such events can abruptly halt your life as you know it. However, if you were not the one driving under the influence, you shouldn't have to pay for the mistake. Luckily, the law allows you to claim compensation if a drunk driver hits you.