Every year, thousands of people in the U.S. are injured or killed due to drunk driving. According to the National Safety Council (NSC), more than 13,000 lives were lost in alcohol-related crashes in 2021. In 2022, despite efforts to curb impaired driving, 13,524 people died in similar accidents.
If you’ve been a victim of a drunk driving accident, you’re likely overwhelmed, unsure of what to do next, and focused on recovery. However, taking a few critical steps immediately after the incident can significantly impact your recovery, pursuit of justice, and the compensation you deserve.
This guide lays out each of these steps, including how to connect with a reliable personal injury lawyer who can fight for your rights every step of the way.
1. Assess Your Immediate Safety and Health
In the moments following an accident, your safety and well-being should be your primary concern. If possible, move to a safe area, as staying near a damaged vehicle on a busy road can be dangerous.
Seek medical attention right away; injuries like internal bleeding or concussions may not be immediately apparent but can worsen without treatment. Record your symptoms as they change: it may help even days following the car accident. This medical record can be essential when you file injury claims and work toward personal injury compensation.
2. Gather Evidence at the Scene
Collecting evidence at the scene is critical for building a strong case, especially in drunk driving incidents. Start by taking clear photographs of the vehicles, any visible injuries, and the surrounding area to capture the accident details accurately.
Collect contact information from witnesses who saw the crash; their accounts can reinforce your version of events. Additionally, note any signs of intoxication displayed by the other driver, such as slurred speech or erratic behavior. This documentation will be invaluable when you work with a hit by a drunk driver lawyer to seek compensation, as it helps establish liability and the full impact of the accident on your life.
3. Report the Accident to Law Enforcement
A police report is a very important document for cases of accidents caused by drunk driving. Inform the police right away, as they will register the incident into official record books. Breathalyzer on the suspected drunk driver can be further done by law enforcement officers, adding evidence to your claim.
Ensure you obtain a copy of the police report, as it will be essential in building your personal injury law case. For those needing further guidance, refer to this helpful resource on understanding the role of police reports in car accident claims.
4. Inform Your Insurance Company
Even if the other driver is clearly at fault, notifying your insurance company promptly is essential for processing personal injury protection and claims. When speaking with your insurance company, stick to the facts, describe what happened, and avoid admitting fault or sharing personal opinions.
This can help prevent complications with your claim and maintain the integrity of your account should it be needed in court.
5. Consult a Personal Injury Attorney
Drunk driving cases have unique legal challenges, and finding the right legal representation is critical. Look for a personal injury lawyer who has experience with DUI cases. Many law firms offer free consultations, which you can use to discuss your case and determine if they fit your requirements.
Client testimonials and success stories can demonstrate an attorney’s capability in handling cases like yours. A good attorney will guide you through each step and strive towards gaining just compensation on your behalf.
6. Document All Expenses and Losses
Accurate documentation of your expenses and losses is critical to securing full compensation. This includes medical bills, rehabilitation costs, vehicle repair or replacement receipts, and any income lost due to the accident.
Keep a record of the emotional toll the incident has had on you, as this may influence your final compensation.
7. Take Steps to Preserve Evidence
Your actions post-accident can affect your claim. Avoid sharing details about the accident on social media, as insurance companies and the opposing party may monitor your posts.
Keeping a recovery journal, where you note physical and emotional struggles over time, is also advisable. This evidence can provide insight into how the accident has impacted your daily life and overall well-being.
8. Understand Your Legal Rights and Potential Compensation
Getting hit by a drunk driver requires one to understand legal rights. A victim may qualify for compensation for damages like medical bills, property loss, lost income, and emotional suffering.
Where, on the other hand, gross negligence is involved-for example, drunk driving-punitive damages may also be awarded to deter similar future conduct. A general understanding of what you are entitled to will help you collaborate better with your injury lawyer in maximizing your claim.
9. Be Cautious of Insurance Settlement Offers
Insurance companies want to present settlement offers quickly after an accident; however, their offer often undervalues your claim. Be cautious when you receive such offers and before you fully understand the nature and extent of your injuries and losses.
Many times, it is better to let your attorney discuss any settlement with you, and he or she could provide an evaluation of whether the compensation offered includes or covers all costs experienced on account of the accident, as well as for the suffering. With this experience, your attorney can fight for you and ensure you receive a fair personal injury compensation package.
10. Prepare for Possible Legal Proceedings
Many personal injury claims settle outside of court, but some cases may require legal action, especially if the insurance company disputes liability or offers an inadequate settlement.
Preparing for a potential court case can be a proactive step to strengthen your position. Your attorney will help gather detailed evidence, prepare witnesses if necessary, and develop a legal strategy to present your case effectively.
Knowing that court proceedings might be necessary can mentally prepare you for a longer process and provide confidence that your claim is well-supported.
FAQs
- How quickly should I contact an attorney after the accident?
Contact a personal injury lawyer immediately to preserve evidence and streamline the legal process. - What if I can’t afford to pay for an attorney upfront?
Many personal injury lawyers work on contingency, so you only pay if they win your case. - Can I still recover compensation if the drunk driver wasn’t criminally charged?
Yes, you can pursue a personal injury lawsuit even if no criminal charges were filed.
Conclusion
Being hit by a drunk driver is a traumatic and life-altering event. By following these steps, you are taking crucial actions to protect your health, secure important evidence, and build a solid foundation for your case. Working with a trusted personal injury lawyer can further strengthen your claim, helping you pursue the justice and compensation you deserve.
