When you have been injured by a a person that has been driving drunk the first thing you should do is contact the authorities so that emergency services and law enforcement can be sent to the scene. The person who has been drinking and driving really should be questioned and detained if over the legal BAC limit. Several people who have been seriously injured due to the fault of a drunk driver are under the wrong impression that this inevitably allows them to money damages for pain and suffering. In reality, the sufferer of a drunken driving accident still is required to prove the elements of a negligence lawsuit. Those elements include fault, causality, and qualifying harm.