Being involved in a car accident is stressful enough, but when the other driver is intoxicated, the situation can become even more overwhelming. Knowing the steps to take after being hit by a drunk driver can protect your rights, ensure your safety, and help you pursue the compensation you deserve. Here’s a guide to what to do if you find yourself in this situation.
1. Ensure Your Safety and Call 911
Your immediate priority should be safety. If the accident is minor and your vehicle is drivable, move to a safe location, such as the side of the road. However, if injuries are severe or moving the vehicle could cause further harm, stay where you are and wait for emergency responders.
Call 911 as soon as possible to report the accident. If you suspect the other driver is intoxicated, let the dispatcher know so law enforcement can assess the situation and document evidence of impairment.
2. Seek Medical Attention
Even if you don’t feel injured, seeking medical attention is crucial. Some injuries, like whiplash or internal trauma, may not be immediately apparent. A medical evaluation ensures your health and creates documentation that may be critical for your claim.
Keep copies of all medical records, bills, and treatment plans related to the accident. These documents can serve as evidence of your injuries when seeking compensation.
3. Document the Scene
If it’s safe to do so, document the accident scene thoroughly. Take photographs of:
- Vehicle damage
- Skid marks or debris on the road
- Traffic signs or signals in the area
- Visible injuries
Exchange contact and insurance information with the other driver, but avoid confrontations or accusations. If the driver appears intoxicated, note any signs of impairment, such as slurred speech, the smell of alcohol, or erratic behavior.
4. Obtain a Police Report
The police report is a critical piece of evidence in cases involving drunk driving. When law enforcement arrives, cooperate fully and provide an accurate account of the events leading up to the accident. The police will likely administer sobriety tests to the other driver and include their findings in the report.
Request a copy of the police report for your records, as it may strengthen your claim by proving the other driver’s intoxication and liability.
5. Notify Your Insurance Company
Contact your insurance company to report the accident, even if the drunk driver’s insurance is expected to cover your damages. Provide only the facts and avoid speculating about fault or details you’re unsure of. Your insurance provider will guide you on the next steps, including filing a claim under your uninsured/underinsured motorist coverage if necessary.
6. Consult an Experienced Attorney
Dealing with the aftermath of a drunk driving accident can be complex. An experienced personal injury attorney can help you navigate the legal process, negotiate with insurance companies, and pursue compensation for medical bills, lost wages, pain, and suffering.
Drunk driving cases often involve punitive damages, which are designed to punish the at-fault driver for reckless behavior. An attorney can help ensure you receive the full compensation you deserve, including these additional damages.
Protect Your Rights After a Drunk Driving Accident
Being hit by a drunk driver is a traumatic experience, but taking the right steps afterward can protect your health and legal rights. At Pringle & Herigstad, we’re here to guide you through the process, from gathering evidence to fighting for fair compensation. Let us handle the legal complexities while you focus on your recovery. Contact us today for a consultation.
