When you are struck by a drunk driver, you are likely going to suffer some injuries. There isn't any reason why you should have to cover the costs of the injuries or the accident. Instead, you can hold the drunk driver accountable for the decision he or she made to drive after drinking. Even though you were hit by a drunk, you will have to prove that the drunk driver was the person who is liable for the accident.
Just like any other car accident case, you have to gather the evidence that shows why the drunk driver should pay for the damages you suffered. The police reports and other similar information can come into the picture when you are trying to prove fault. Scrutinizing all of the information you have about the case is imperative, especially in cases that are more complex since it is harder to prove liability in those cases.
When you are going through the evidence, be aware of anything that can assign some of the fault to you, as this can affect your case. For example, if you were struck by a drunk driver because you were texting and drifted over into the other lane, you are partially at fault for the crash.
Ultimately, these cases come down to whether your side meets all of the applicable criteria for assigning fault and liability to the drunk driver. You should make sure that you consider everything from the other driver's duty to whether the damages you are claiming were actually the result of an accident that was caused by the drunk driver.
Source: FindLaw, "I Was Hit by a Drunk Driver: Who is Liable?," accessed March 24, 2017