Being hit by a drunk driver is jarring in a way few other crashes are. Someone chose to get behind the wheel impaired, and now you are the one dealing with the pain, the medical bills, and the unanswered questions. A Baltimore drunk driving accident lawyer at the Law Office of David Ellin can help you hold that driver accountable and pursue the resources you need to recover.
Our Baltimore accident lawyers aggressively represent victims of drunk drivers across the city and from our home base in Reisterstown along Westminster Pike. Our founder once handled criminal cases as a Baltimore City assistant state's attorney, so we understand how the criminal side of a DUI case works and how it can support your civil claim.
If a drunk driver hit you in Baltimore, you deserve to be heard. Call (410) 833-0044 today for a free consultation with our team.
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How Does a DUI Criminal Case Affect Your Injury Claim?
A DUI criminal case and your injury claim move forward separately, but the criminal case can produce evidence that strengthens your claim. The State prosecutes the driver for breaking the law, while your civil claim seeks compensation for what the crash cost you.
The Criminal Case
Driving while impaired by alcohol or drugs is a crime under Maryland Transportation Article § 21-902. The State's Attorney's Office decides whether to file charges and how to prosecute them, and you are not a party to that case. You may be called as a witness, and Maryland gives crime victims the right to be informed about key stages of the case.
If the driver is convicted, you may also have the chance to share how the crash changed your life through a victim impact statement at sentencing. Many people find that step meaningful, and we can help you think through what you want to say.
Your Civil Claim
Your injury claim belongs to you. It seeks payment for medical care, lost income, pain, and other losses, usually through the at-fault driver's insurance. The burden of proof is lower than in criminal court, so a civil claim can succeed even if the criminal case ends without a conviction.
How the Criminal Case Can Help
Evidence gathered by police often becomes central to a drunk driving injury claim. Breath or blood test results, the arrest report, field sobriety test notes, and body camera footage can all help show the driver was negligent, meaning they failed to use reasonable care.
A guilty plea can also serve as evidence in your civil case. Criminal courts may order restitution under Criminal Procedure Article § 11-603, but restitution usually covers only certain out-of-pocket losses, which is why a civil claim remains important.
Why Drunk Driving Victims Turn to the Law Office of David Ellin
David Ellin spent three years as a Baltimore City assistant state's attorney before opening the Law Office of David Ellin in 2004. That time on the prosecution side gives him a clear view of how criminal cases are built, from the arrest report to the courtroom.
Clients looking for a drunk driving victim attorney in Maryland rely on us for:
- A founder who understands how the State builds criminal cases
- Trial-ready preparation on every claim, supported by the more than 44 years of legal experience Thomas Summers brings to our team
- Personal attention and direct access to your attorney
- Help in English, Italian, and Romanian through Nicoletta Ellin
- A 4.7-star rating across 57 Google reviews
We also carry a family tradition. David learned the practice at the firm of his grandfather, Marvin Ellin, and that heritage shapes how seriously we take every client's story. Call (410) 833-0044 to start with a free consultation.
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Can You Get Punitive Damages After a Drunk Driving Crash in Maryland?
Punitive damages are possible in Maryland, but are rare in drunk driving cases because state law requires proof of actual malice. Punitive damages are extra money meant to punish especially harmful conduct, separate from the money that repays your losses.
In a 1993 case called Komornik v. Sparks, Maryland's highest court held that driving drunk, by itself, does not meet the actual malice standard. Actual malice means conduct driven by an evil motive, intent to injure, ill will, or fraud, and it must be proven by clear and convincing evidence. Lawmakers considered lowering that standard during the 2026 session, but the rule did not change.
That rule does not limit your right to compensatory damages, the money that repays your medical bills, lost income, and pain. The facts of a DUI crash, such as a failed breath test or an arrest at the scene, can make those losses easier to prove. We look carefully at every detail, and if the evidence supports a punitive damages claim, we pursue it.
How Do We Build a Drunk Driving Accident Claim?
We build a strong drunk-driving claim by gathering evidence before it disappears. Our former-prosecutor perspective shapes how we approach each step.
Here is what that work typically involves:
- Requesting police records, including the crash report, arrest report, and any breath or blood test results
- Tracking the criminal case so we know when plea records, hearing transcripts, and body camera footage become available
- Securing video from nearby businesses, traffic cameras, and doorbell cameras before it is recorded over
- Identifying where the driver was drinking, which can matter when an underage driver or an employer is involved
- Documenting your injuries through medical records and conversations with your treating doctors
- Finding every insurance policy that may apply, including your own
Throughout the process, we keep you informed and handle communication with insurers so you can focus on healing. You will always know where your claim stands and what comes next.
Other Parties Who May Share Responsibility for a Baltimore DUI Accident
The impaired driver is usually the main responsible party, but others can share responsibility in some Baltimore DUI accidents. Identifying all accountable parties can open additional insurance coverage, including the higher limits available in many Uber and Lyft accident claims.
Others who may be responsible include:
- A vehicle owner who lent the car to someone they knew was impaired
- An employer, if the driver was on the job at the time of the crash
- An adult who supplied alcohol to an underage driver, which Maryland courts have recognized as a basis for liability
Maryland law is narrower than that of many states regarding bars and restaurants serving adult customers. We review the facts of your crash against current law and tell you honestly which claims are worth pursuing.
What If the Drunk Driver Had No Insurance?
If the drunk driver had no insurance, your own coverage may become the main source of recovery. Maryland requires uninsured motorist coverage on auto policies under Insurance Article § 19-509.
If the drunk driver was uninsured, your own UM coverage may be your primary path to recovery. Uninsured motorist coverage pays for injuries an uninsured driver causes, up to your policy limits. Underinsured motorist coverage can help when the driver carries only the state minimum, and your losses are larger.
Other sources may also help:
- Personal injury protection (PIP), which pays certain medical bills and lost wages regardless of fault
- The Maryland Criminal Injuries Compensation Board, which can help eligible crime victims, including people hurt by impaired drivers, with medical costs and lost earnings
- Health insurance and disability benefits, which can bridge gaps while your claim is pending
We coordinate these sources so they work together. Our goal is to leave no available coverage untapped.
Compensation for Victims of Drunk Drivers in Maryland
Victims of drunk drivers in Maryland can seek compensation for the financial, physical, and emotional harm a crash causes. Every claim is different, and how Maryland car accident settlements are valued depends heavily on the injuries and evidence involved.
Compensation may include:
- Medical care, rehabilitation, and future treatment
- Lost wages and loss of future earning capacity
- Pain, emotional distress, and loss of enjoyment of life
- Property damage
- Wrongful death damages for families who lost a loved one
When a drunk driving crash takes a life, a claim is about accountability and the stability a family needs going forward. We handle these cases with patience and care, at a pace that respects your family's grief.
Serious Injuries Often Follow Impaired Driving Crashes
Drunk driving crashes can involve high speeds, wrong-way driving, or a failure to brake, and those forces can cause severe injuries. They can happen anywhere, including late at night on roads like Reisterstown Road, Liberty Road, and the Jones Falls Expressway, when help may be farther away.
Injuries that can result include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Multiple fractures and crush injuries
- Internal bleeding and organ damage
- Burns and scarring
Catastrophic injuries can change how you work, move, and live for years, and they often affect spouses and children, too. We work with your doctors and, when needed, outside professionals to show what your future care will require.
Filing Deadlines for Drunk Driving Victims in Maryland
Most drunk driving victims have three years from the crash to file a civil lawsuit in Maryland under Courts and Judicial Proceedings § 5-101. Wrongful death claims follow their own rules, and insurance policies often require much faster notice.
Claims to the Criminal Injuries Compensation Board generally must be filed within three years as well. Because video footage and witness memories fade quickly, calling us soon after the crash helps protect your claim.
FAQs Answered by a DUI Accident Attorney in Baltimore
People hurt by impaired drivers often come to us with the same handful of questions. Here are straightforward answers to several of them.
Do I have to wait for the criminal case to finish before filing a claim?
No. Your civil claim can move forward while the criminal case is pending. Sometimes it helps to wait for certain evidence from the prosecution, and we will explain the timing that fits your situation.
What if the driver was found not guilty?
You may still have a strong civil claim. Criminal cases require proof beyond a reasonable doubt, while civil claims use a lower standard that asks whether the evidence shows the driver was more likely than not at fault.
Can I file a claim if the driver was high rather than drunk?
Yes. Maryland's impaired driving laws cover drugs as well as alcohol. A civil claim focuses on whether the driver acted carelessly, and impairment of any kind can be strong evidence of that.
Will I have to testify in the criminal case?
You might. Prosecutors sometimes call injured people as witnesses, and many cases resolve through plea agreements without a trial. We can help you understand what to expect and coordinate with the State's Attorney's victim-witness staff.
What if the drunk driver was underage?
An underage driver's crash can open additional paths to recovery. The family's auto policy may provide coverage, and an adult who knowingly supplied the alcohol may share responsibility under Maryland law.
What if the drunk driver died in the crash?
A claim may still be possible. It would typically proceed against the driver's estate, with the driver's auto insurance responding to the claim. These cases involve some added steps, and we can walk you through them.
How much does it cost to work with a Baltimore drunk driving accident lawyer?
We represent injured people on a contingency-fee basis, so our attorney's fee is a percentage of what we recover. We explain fees and case costs in writing before you sign anything.
Get Support From a Baltimore Drunk Driving Accident Lawyer Today
Another driver's choice to drink and drive should not leave you carrying the costs alone. The Law Office of David Ellin is ready to listen, investigate, and stand with you through every stage of your claim, from Reisterstown to downtown Baltimore.
Call (410) 833-0044 or reach out online for a free consultation. We will take the time to hear your story and explain your options.