According to Mothers Against Drunk Driving (MADD), a person is injured by a drunk driver every 2 minutes. This means that by the time you probably finish your morning coffee, there may have been 5 or more injuries from a drunk driving collision.
Being in a car wreck is already stressful enough—especially if you were rear-ended and not at fault. When you’re hit by an intoxicated driver, it just adds another layer to dealing with your personal injury claim. In some instances, it will help make the recovery easier; however, where the evidence is contested, it may make your claim more difficult.
Here are the steps you should take if you’ve been hit by a drunk driver:
1. Make Safety the Priority. Check on your passengers to see how they feel. If possible, have someone call 911 to report the accident and have them send paramedics. If there are no serious injuries like broken bones, bleeding, or head trauma and the surroundings are safe, you may get out of the car and away from traffic. If the environment is too dangerous or there are serious injuries, wait for the police to arrive. Additionally, if it is safe, move the car to the side of the road to get it out of the way.
2. Stay Calm and Exchange Information. It is very easy to be upset and angry if you’re hit and it’s someone else’s fault. Especially if they’re intoxicated. The best thing you can do is remain calm and get their information. If they refuse, tell them you can wait until the police arrive, but you will want that information. Use your phone to take pictures of their registration, license, and insurance. If there are any witnesses, try to get their statement on a video and take pictures of contact information.
3. Offer Suspicion of Intoxication to the Police. If the person is showing signs of intoxication, let the police know. They will be able to administer tests of the driver to see if they are intoxicated. Be aware that if another passenger isn’t drunk, they may try to claim they were the one driving. Don’t assign or assume blame, just stick to the facts of what transpired and be straightforward.
4. Take Pictures of the Scene. Use your phone to take pictures of the scene, including the vehicle damage, injuries to you and your passengers, obstructed views, skid marks, etc.
5. Seek Immediate Medical Attention. If your injuries are serious, you may need to go to the Emergency Room. If your injuries aren’t life-threatening, then you can set up an appointment with your primary care doctor or go to an urgent care facility. However, don’t fool yourself into thinking everything’s ok. Insurance companies have tricks they use to deny claims, and not seeking immediate medical care, or waiting to seek it, is one way they will deny or diminish the value of your claim.
6. Gather Your Evidence and Speak with a Personal Injury Attorney. Insurance companies will lead you to believe you don’t need an attorney. But you also have to remember they are in the business of making money—not helping you. Almost all personal injury lawyers offer free consultations. There is nothing wrong with shopping around to find the right one for you. Don’t make these mistakes when hiring a car accident lawyer.
Like other personal injury lawyers, our firm offers a free case evaluation. There is no cost or obligation to coming in and meeting with us. We will review your case with you, discuss your injuries, medical bills, missed time from work, and pain and suffering. We provide honest and friendly advice about your case and won’t sugarcoat things. Our aim is to help you navigate moving forward no matter what.
Please feel free to give us a call at (916) 619-5452 or fill out our form on our website.
