What to Do if You’re Hit by a Drunk Driver
Being involved in an accident caused by a drunk driver is a traumatic experience that can lead to significant physical, emotional, and financial trauma. After such a devastating incident, victims often struggle to recover damages for injuries and losses.
At Gierth-Eddy Law Offices PLLC, we understand the complications of personal injury cases stemming from drunk driving accidents. As experienced personal injury attorneys, we are committed to guiding victims through the legal process.
Learn more about what to do after being hit by a drunk driver, your rights as a victim, and how to pursue justice under challenging circumstances.
What To Do Immediately After a Drunk Driving Accident
The moments following an accident caused by a drunk driver are critical for your safety and the success of your personal injury claim. Start by prioritizing your well-being and securing the accident scene.
Call 911 immediately to report the accident and request medical assistance if needed. The police will document the scene, which is necessary for establishing fault. While waiting for emergency responders, try to move to a safe location and check for injuries.
Document the Scene of the Accident
Proper documentation of the accident scene can significantly strengthen your personal injury claim. Take photos of the vehicles, license plates, and any visible injuries you may have sustained.
If possible, gather contact information from witnesses who saw the incident. Their statements can be invaluable for proving the drunk driver’s negligence. Keep copies of the police report, which often includes information on the driver’s intoxication level and fault determination.
Seek Immediate Medical Attention
Even if your injuries seem minor, it's important to seek prompt medical attention. Some injuries, like whiplash or internal trauma, may not show immediate symptoms and can worsen over time without treatment.
A thorough medical evaluation not only protects your health; it creates a record of your injuries. This documentation can link your injuries to the accident, which is a critical component of filing any personal injury claim.
How Law Enforcement Handles DUI Accidents
Law enforcement plays a key role in documenting drunk driving accidents and holding offenders accountable. The responding officers will conduct field sobriety tests or breathalyzer tests to determine the driver’s level of intoxication.
A DUI charge against the at-fault driver can support your personal injury case, as it demonstrates the negligent actions of the drunk driver. However, it's important to remember that criminal cases focus on punishing the offender, while your claim seeks compensation for your losses.
Your Legal Rights as a Victim
As the victim of a drunk driving accident, you have the right to pursue compensation for your injuries and other losses. This may include medical expenses, lost wages, pain and suffering, and property damage.
The intoxicated driver’s insurance typically covers these damages, but their policy limits may not fully compensate you. In such cases, you may need to explore additional legal options, such as filing a claim against the driver’s personal assets.
What You Need to Build a Strong Case for Compensation
Establishing fault and proving the extent of your losses is central to a successful personal injury claim. Gathering strong evidence makes sure that your claim accurately reflects the harm you’ve suffered and the negligence of the drunk driver. Some key factors to keep in mind include:
Accident reports: Obtain the police report, which often includes details about the driver’s intoxication level.
Medical records: These documents connect your injuries to the accident and demonstrate the need for treatment.
Witness statements: Eyewitnesses can provide unbiased accounts of the crash and the drunk driver’s behavior.
Expert testimony: Accident reconstruction experts or medical professionals can add credibility to your claim.
This evidence can help strengthen your position during settlement negotiations or court proceedings. With thorough evidence, you can build a compelling case for compensation.
Potential Compensation You Can Pursue
If insurance fails to cover your damages fully, filing a personal injury lawsuit may be necessary. This legal action allows you to seek compensation directly from the drunk driver or other liable parties.
Through litigation, you can recover damages for medical bills, future treatment costs, emotional distress, and punitive damages in some cases. Punitive damages are intended to punish the drunk driver and deter similar behavior. Let’s now address common mistakes to avoid when pursuing your claim.
Challenges of Dealing With Insurance Companies
Managing the insurance claims process after a drunk driving accident can be challenging. Insurance adjusters often aim to minimize payouts, leaving victims under-compensated for their losses or damages.
Be cautious when communicating with insurance representatives, as they may attempt to shift blame or downplay the severity of your injuries. An experienced personal injury attorney handling negotiations can protect your rights and secure fair treatment. After understanding how to manage insurance, the next step is to explore legal avenues.
Common Mistakes After an Accident
Certain missteps can weaken your personal injury claim. Some common pitfalls to avoid include:
Delaying medical care: Waiting too long to seek treatment can undermine your claim and your health.
Admitting fault: Even casual statements can be misconstrued as admitting liability.
Not documenting expenses: Keep thorough records of all costs related to the accident.
Accepting early settlements: Initial offers often undervalue your claim; consult an attorney before agreeing.
Proactively addressing these potential challenges strengthens your case and makes sure that your rights are protected. You can protect your claim and maximize your compensation by avoiding these mistakes. Let’s explore how the drunk driver's actions impact your case and influence liability determinations.
The Drunk Driver’s Responsibility
The drunk driver’s behavior plays a significant role in determining liability and damages. Evidence of intoxication, such as BAC levels or refusal to take sobriety tests, strengthens your claim.
In addition to criminal consequences, the drunk driver may face financial liability for injuries and other damages. Demonstrating their reckless actions is essential for securing fair compensation. Now, let’s consider how your emotional recovery is also part of the process.
Reach Out to an Experienced Attorney
At Gierth-Eddy Law Offices PLLC, we strive to help victims of drunk driving accidents obtain the compensation they need to rebuild their lives. No matter how serious your injuries are, we will aggressively fight for the compensation you need to move forward. We serve clients all over Washington, including Richland and Pasco. Contact us today to schedule a consultation and learn how we can help with your personal injury case.