What to Do After Getting Hit by a Drunk Driver
What to do after getting hit by a drunk driver involves seven immediate steps: ensure safety, call 911, document everything, avoid admitting fault, seek medical attention, contact your insurance company, and consult with an experienced DUI accident attorney within 24-48 hours.
Essential Actions: What to Do After Getting Hit by a Drunk Driver
Getting hit by a drunk driver creates a complex legal situation requiring immediate, strategic action. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accidents occur every 45 minutes in the United States, making proper response procedures crucial for protecting your rights and securing compensation.
Understanding what to do after getting hit by a drunk driver can mean the difference between receiving full compensation and losing thousands in potential damages. The Centers for Disease Control and Prevention (CDC) reports that drunk driving costs exceed $44 billion annually in damages, emphasizing the importance of following proper post-accident protocols.
This comprehensive guide outlines exactly what to do after getting hit by a drunk driver, ensuring you protect your legal interests while prioritizing your safety and recovery. These steps apply whether you’re dealing with property damage, personal injuries, or both.
Immediate Response: What to Do After Getting Hit by a Drunk Driver
Step 1: Prioritize Safety and Call Emergency Services
Move to a safe location if possible, but don’t leave the accident scene. Call 911 immediately – police reports are essential for drunk driving cases. Request medical assistance even if injuries seem minor, as adrenaline can mask serious trauma.
When police arrive, clearly state your suspicions about the other driver’s intoxication. Officers will conduct field sobriety tests and document evidence of impairment. This police report becomes crucial evidence for your insurance claim and potential lawsuit.
Step 2: Document Everything Thoroughly
Take photos of vehicle damage, road conditions, license plates, and the accident scene from multiple angles. Record the drunk driver’s behavior, speech patterns, and any visible signs of intoxication like bloodshot eyes or alcohol odors.
Collect contact information from all parties and witnesses. Witness statements proving the other driver appeared intoxicated strengthen your case significantly. Don’t rely on memory – document everything immediately while details remain fresh.
Step 3: Avoid Admitting Fault or Discussing Details
Never admit fault or apologize, even out of politeness. Limit conversations with the intoxicated driver to necessary information exchange. Drunk drivers may become aggressive or attempt to leave the scene, so maintain safe distance while awaiting police.
Understanding DUI laws helps you recognize the serious legal implications facing the intoxicated driver, which directly impacts your compensation claim.
Legal Protection: What to Do After Getting Hit by a Drunk Driver
Step 4: Seek Immediate Medical Attention
Visit an emergency room or urgent care facility within 24 hours, even without obvious injuries. Some injuries like concussions, whiplash, and internal damage don’t manifest symptoms immediately but require professional medical documentation.
Medical records create an official injury timeline linking your condition directly to the drunk driving accident. Insurance companies scrutinize delayed medical treatment, potentially reducing settlement offers if you wait too long to seek care.
Step 5: Contact Insurance Companies Strategically
Report the accident to your insurance company immediately, providing factual information without speculation. However, avoid giving recorded statements to the drunk driver’s insurance company without legal representation present.
The drunk driver’s insurance company will likely contact you quickly, potentially offering fast settlement amounts. These initial offers typically fall far below actual damages, especially when dealing with impaired driver liability cases where punitive damages may apply.
Professional Assistance: What to Do After Getting Hit by a Drunk Driver
Step 6: Consult with a DUI Accident Attorney
Contact an experienced drunk driving accident attorney within 48 hours. These cases involve unique legal complexities including criminal proceedings against the drunk driver, multiple insurance policies, and potential punitive damage awards.
According to the Federal Motor Carrier Safety Administration (FMCSA), victims represented by attorneys recover significantly more compensation than those handling claims independently. Attorneys understand how to leverage drunk driving evidence for maximum settlement value.
Experienced legal counsel ensures you understand all available compensation sources, including the drunk driver’s auto insurance, homeowner’s policies, and potential personal assets. Review comprehensive DUI laws to understand the full scope of legal violations involved in your case.
Final Recommendations: What to Do After Getting Hit by a Drunk Driver Summary
Successfully handling what to do after getting hit by a drunk driver requires methodical execution of these seven steps while prioritizing your safety and legal protection. Document everything, seek immediate medical care, and consult with experienced legal counsel to maximize your compensation recovery.
Remember that drunk driving cases often involve both civil and criminal proceedings, creating multiple opportunities for evidence gathering and compensation recovery that don’t exist in typical car accidents.
What to Do After Getting Hit by a Drunk Driver Support
Don’t handle a drunk driving accident alone. These complex cases require specialized legal expertise to ensure maximum compensation recovery. Contact experienced DUI accident attorneys who understand the unique challenges of impaired driver cases and can guide you through both civil and criminal proceedings. Get expert legal assistance to protect your rights and secure the compensation you deserve.
Frequently Asked Questions About After Being Hit by a Drunk Driver
1. What Should I Do Immediately After Getting Hit by a Drunk Driver?
Call 911, document the scene thoroughly, seek medical attention, and avoid admitting fault while waiting for police to arrive and conduct sobriety tests.
2. How Long Do I Have to File a Claim After Being Hit by a Drunk Driver?
Most states require filing within 2-3 years, but consulting an attorney within 48 hours ensures evidence preservation and proper claim handling.
3. Can I Sue for Punitive Damages After Being Hit by a Drunk Driver?
Yes, drunk driving cases often qualify for punitive damages beyond standard compensation, significantly increasing potential settlement amounts.
4. Should I Accept the First Settlement Offer After a Drunk Driving Accident?
No, initial offers typically undervalue claims, especially in drunk driving cases where punitive damages and multiple insurance policies may apply.
5. What Evidence Is Most Important After Being Hit by a Drunk Driver?
Police reports documenting intoxication, photos of the scene, medical records, witness statements, and the criminal case outcome against the drunk driver.
Key Takeaways
- Call 911 immediately and request medical assistance regardless of apparent injury severity
- Document everything including signs of driver intoxication and witness contact information
- Seek medical attention within 24 hours to establish official injury documentation
- Consult with a DUI accident attorney within 48 hours for specialized legal guidance
- Avoid admitting fault or accepting quick settlement offers without professional legal review
