Being injured in an automobile accident caused by a drunk driver can be life-altering, leaving you with medical bills, lost wages, and emotional distress. Drunk driving remains a serious issue, with the NHTSA reporting that nearly 32% of all traffic fatalities in the U.S. involve alcohol-impaired drivers.
So, if you or a loved one recently suffered due to someone else’s reckless decision to drive under the influence of alcohol, you have the right to seek legal action. Understanding your options can help you secure compensation for your injuries and hold the responsible party accountable.
Here’s what you should know:
What Should You Do Immediately After an Accident Involving a Drunk Driver?
Being involved in an auto accident is overwhelming, but when a drunk driver is responsible, the situation can be even more frustrating and dangerous. So, it’s best to know exactly what you need to do to protect your health and strengthen your legal case.
Below are the essential steps to take immediately after a collision with a drunk driver.
1. Ensure Your Safety First
Before anything else, even calling your personal injury lawyer, check yourself and any passengers for injuries. If you’re severely hurt, try to stay still and wait for emergency responders.
Move your vehicle out of traffic to prevent further collisions. However, if the accident is severe, leave everything as it is until the police arrive. Be extra cautious, as drunk drivers may act unpredictably or even try to flee the scene.
2. Call 911 and Report the Accident
Whenever an accident involves a suspected drunk driver, it is crucial to involve law enforcement. The police will:
- Conduct a field sobriety test or breathalyzer on the other driver.
- Document their findings in an official police report.
- Help direct traffic and ensure road safety.
Example
In California, under Vehicle Code 20008, drivers involved in accidents with injuries must report the crash to the California Highway Patrol (CHP) or local law enforcement within 24 hours.
3. Gather Evidence at the Scene
Supporting documents are crucial to file an insurance claim or a lawsuit. Here’s what you should collect:
- Photographs: Take clear photos of vehicle damage, skid marks, traffic signs, and any visible injuries.
- Videos: If the other driver is behaving erratically, record them discreetly—this can support DUI claims.
- Witness Contacts: If any bystanders saw the crash, collect their contact information. Their testimony can help validate your case.
- License Plate & Insurance Info: Exchange details with the other driver, but avoid discussing fault at the scene.
4. Seek Medical Attention, Even for Minor Injuries
Even if injuries seem minor, it’s essential to consult a healthcare professional promptly. Some injuries, like whiplash or internal trauma, may not show symptoms immediately but can have long-term effects.
Having medical records on hand is also helpful, as they serve as crucial evidence if you pursue compensation. However, before anything else, make sure to get a complete checkup to ensure everything’s fine.
5. Contact Your Personal Injury Attorney
DUI-related crashes often lead to complex legal proceedings, so you should immediately contact your auto accident attorney—even before contacting your insurance company. A lawyer can help you:
- Negotiate with insurance companies to ensure a fair settlement.
- File a personal injury lawsuit against the drunk driver for compensation.
- Explore additional liability (e.g., suing a bar that over-served alcohol to the driver).
If you don’t have an attorney, call Auto Accident Help Desk, and we’ll offer free-of-cost consultation on your case.
Example
In Georgia, DUI accident victims can sue for punitive damages (O.C.G.A. § 51-12-5.1), which are meant to punish reckless behavior. Your injury attorney can help you understand your legal options and get you significantly higher compensation.
Time Limits for Filing a Personal Injury Claim
Each state in the U.S. has its own statute of limitations for personal injury claims, which dictates the time frame within which you must file a lawsuit.
You might have to refer to your state or talk to your injury lawyer to know how much time you’ve got. Here are some general time limits by state:
- Alabama: 2 years
- California: 2 years
- Columbia: 3 years
- Hawaii: 2 years
- Nebraska: 4 years
- New York: 3 years
Average Compensation in Drunk Driving Accident Claims
The average personal injury settlement for car accidents in the U.S. ranges from $20,000 to $100,000, but cases involving drunk drivers can exceed $500,000. To increase the payout, you can also ask for punitive damages.
According to NHTSA, motor vehicle crashes cost American society $340 billion in 2019. This figure includes medical expenses, lost productivity, legal and court costs, emergency services, insurance administration, congestion, and property damage.
The compensation is usually calculated in two ways:
- Multiplier Method: Adds up total economic damages (medical bills, lost wages) and multiplies them by a factor (1.5 to 5) based on the severity of the injuries.
- Per Diem Method: Assigns a daily dollar value to pain and suffering, then multiplies it by the number of days the victim is expected to experience distress.
However, it also depends on whose fault it is. If one driver is entirely at fault, they (or their insurance) are typically responsible for covering all damages. But if both parties share responsibility, compensation may be adjusted based on the degree of each party’s negligence.
Take Action to Protect Your Rights After a Drunk Driving Accident
A drunk driving accident can leave you facing medical bills, lost wages, and emotional distress. But you don’t have to face all that alone. If you don’t know any lawyers for personal injury cases, we are here to fight for your rights.
At Auto Accident Help Desk, you can talk to one of our top-rated personal injury lawyers and get a free consultation on your case. Our attorneys will help you get the compensation you rightfully deserve.
Call now at (800) 636-8833 to get help instantly!
FAQs
1. What should I do immediately after being hit by a drunk driver?
Here’s what you should do:
- Call 911 to report the accident and request medical help if needed.
- Take photos of the scene, damage, and any injuries.
- Get contact details of the other driver and any witnesses.
- Seek medical attention even if you feel fine—some injuries take time to appear.
- Contact your attorney and let them handle the case.
2. Can I get extra compensation because the driver was drunk?
Yes, courts often reward punitive damages in DUI cases to punish reckless behavior. These are extra payments on top of medical bills, lost wages, and other damages.
