Drunk driving crashes are not ordinary accidents. In 2024, 11,904 people were killed in alcohol-impaired driving crashes across the United States, according to the National Highway Traffic Safety Administration. That is approximately one death every 44 minutes.

People searching for information about a drunk driving injury in Wyoming are usually trying to answer a few immediate questions. Who is financially responsible? Does a DUI charge automatically prove a personal injury case? What happens if the drunk driver’s insurance is not enough?

Wyoming’s DUI Law and the 0.08 Percent Limit

Under Wyo. Stat. § 31-5-233, a person may not drive or have actual physical control of a vehicle in Wyoming with an alcohol concentration of 0.08 percent or higher. Wyoming law also prohibits driving when a person is incapable of safely operating a vehicle because of alcohol, controlled substances, or a combination of impairing substances.

A driver’s blood alcohol concentration can become important evidence after an injury crash. Police reports, breath or blood test results, body camera footage, witness statements, and observations made by responding officers may all help establish what happened before the collision.

However, an injured person should not assume the criminal investigation will automatically build the civil case for them. The State prosecutes the DUI charge. A personal injury claim focuses on the losses suffered by the injured person and the parties legally responsible for causing those losses.

A DUI Charge and a Personal Injury Claim Are Two Different Cases

After a drunk driving crash, the impaired driver may face criminal charges. Those proceedings can involve fines, license consequences, probation, or incarceration depending on the circumstances and the driver’s history.

The injured person does not control the criminal prosecution.

A civil personal injury claim serves a different purpose. It seeks financial compensation for the harm caused by the crash. That can include medical expenses, lost earnings, pain and suffering, disability, and other losses connected to the injury.

This distinction matters because a victim may still need to pursue an insurance claim or civil lawsuit regardless of what happens in the criminal case.

What Evidence Matters After a Drunk Driving Crash?

Alcohol-related crash cases often involve evidence that can disappear quickly.

An attorney investigating the collision may look for:

The hours before the collision can be just as important as the moment of impact. Establishing where the driver was, what witnesses observed, and how the vehicle was being operated may help create a clearer timeline of the crash.

Who Can Be Held Responsible for a Drunk Driving Injury?

The impaired driver is usually the primary focus of a drunk driving injury claim. A driver who causes a crash may be responsible for the injuries and losses resulting from their conduct.

Depending on the facts, other parties may also need to be investigated.

For example, the vehicle may have been owned by another person or a company. An impaired driver may have been working at the time of the crash. Multiple drivers may have contributed to a collision.

Claims involving bars, alcohol vendors, or social hosts require particularly careful legal analysis in Wyoming. Wyo. Stat. § 12-8-301 generally limits liability for a person who legally provides alcohol to another person, but the statute contains exceptions involving circumstances in which alcohol was not legally provided. The statute does not eliminate the intoxicated person’s liability for damages they cause.

Because Wyoming’s alcohol-provider liability rules are specific, assumptions about who can be sued should not replace an investigation into the actual facts.

What If the Drunk Driver Was Arrested?

An arrest can provide important information, but an arrest alone does not determine the value of a personal injury claim.

The injured person’s case still requires evidence connecting the driver’s conduct to the crash and the crash to the claimed injuries.

Medical records, diagnostic imaging, employment documentation, expert opinions, and evidence of future medical needs may all become relevant when determining the extent of an injured person’s losses.

A serious injury claim is about more than proving that the other driver drank alcohol. It is also about documenting what the crash changed for the injured person.

Can Comparative Fault Affect a Drunk Driving Injury Claim?

Yes.

Wyoming follows a modified comparative fault system under Wyo. Stat. § 1-1-109. An injured person is not barred from recovering damages when their share of fault is 50 percent or less. Any damages awarded are reduced according to the percentage of fault assigned to the injured person.

For example, an insurance company may argue that the injured driver was speeding, distracted, or failed to react appropriately before the collision.

The fact that the other driver was allegedly impaired does not necessarily stop an insurer from trying to shift part of the blame.

That is one reason crash reconstruction, photographs, witness testimony, and other objective evidence can carry significant weight in a disputed claim.

What Compensation May Be Available?

The damages available after a drunk driving injury depend on the facts of the case and the severity of the injuries.

A claim may seek compensation for:

Wyoming’s comparative-fault statute expressly recognizes several forms of injury-related loss, including pain and suffering, disability, loss of earnings or income, emotional distress, and loss of enjoyment of life.

The value of a claim cannot be determined from the DUI charge alone. The nature of the injuries, available evidence, insurance coverage, and long-term impact of the crash all matter.

What If the Drunk Driver Does Not Have Enough Insurance?

A serious crash can produce medical expenses and financial losses that exceed the at-fault driver’s available liability coverage.

When that happens, an investigation may include reviewing all potentially applicable insurance policies and identifying every legally responsible party.

The injured person’s own automobile policy may also contain coverage relevant to the crash, depending on the policy and circumstances.

Accepting an early settlement before understanding the full extent of an injury or the available coverage can create problems later. Once a claim is settled and a release is signed, reopening the case may not be possible.

Frequently Asked Questions