Articles, Car Accidents
What to Do After Being Hit by a Drunk Driver
You’re probably feeling dazed and confused if you’ve been hit by a drunk driver. This guide will walk you through the essential steps to take right away after a drunk driver caused an accident.
If you have suffered injuries because of someone else’s negligence, Sharif Gray at Broughton Injury Law can help. We have won millions of dollars in verdicts and settlements. Call Sharif at (804) 915-1611 or contact him online to schedule a free consultation. We will get justice for you.
Key Points
- After being hit by a drunk driver, call emergency services, get info and document the scene to ensure safety and support future claims.
- See a doctor after the accident even if you have no visible injuries as it will help diagnose injuries and create a medical record for future claims.
- Victims of drunk driving accidents can pursue multiple options for compensation including filing claims with the drunk driver’s insurance company, seeking compensatory and punitive damages, and will likely benefit from legal representation to navigate insurance and legal issues.
What to Do Immediately After being Hit by a Drunk Driver
When a drunk driver hit you, the immediate actions you take can have a big impact on your safety and the outcome of any legal or insurance claims. Ensuring everyone’s safety, calling emergency services, getting info and documenting the accident scene are the first steps.
These actions not only protect you physically but also lay the groundwork for any future legal proceedings or insurance claims. Following these steps prepares you to handle the aftermath of the accident and get the compensation and justice you deserve.
Here are the steps to take immediately after being hit by a drunk driver.
Call 911
The first thing to do after being hit by a drunk driver is to call 911. This is important for medical help and to document the incident. When you call 911 give your location, the nature of the accident and any injuries. This helps dispatch the right service to your location quickly.
The police at the accident scene are crucial. They document the accident scene, assess for intoxication and do sobriety tests. This documentation is important for any future legal or insurance claims as it will show the driver was intoxicated and the circumstances of the accident.
Get Info at the Scene
Getting info at the scene is another important step. This includes the make, model and license plate of the vehicles involved. This info is important for insurance claims and any legal action you may need to take. In addition to vehicle details, exchange insurance information with the other driver and get witness statements from all parties involved. Witness statements can support your claims and may be needed for legal proceedings.
More info is better.
Document the Scene
Documenting the scene supports future claims. Take photos of the scene, vehicles involved, visible injuries and overall damage. These photos are evidence for your insurance claim and any legal action.
Besides photos, note the scene conditions like weather, road conditions and other details. This documentation creates a complete record of the incident which can be helpful when seeking compensation or proving fault in a drunk driving accident case.
See a Doctor
After ensuring immediate safety and documenting the scene, the next step is to see a doctor. Even if you feel fine, confusion and adrenaline after an accident can mask the severity of the injury. Medical attention can prevent minor injuries from becoming serious conditions.
Invisible injuries like concussions or internal bleeding may not show symptoms immediately but can have serious consequences if not treated. See a doctor immediately after the accident for your health and to create a medical record linking the incident to your personal injuries as an injured person.
These records are important for legal claims and insurance processes. Insurance companies may use a delay in seeking treatment to argue the injuries are less severe or caused by another incident. Getting a medical evaluation as soon as possible is important to diagnose, treat and document any injuries, to have evidence for your personal injury claim.
Report the Accident to Your Insurance Company
After seeing a doctor, report the accident to your insurance company. This step starts the claims process and may help you get compensation for your losses. When reporting the accident, provide detailed info including the drunk driver’s name, license number, license plate number, and insurance details.
Insurance companies want to limit the recovery to the smallest amount and settle quickly. Be prepared for challenges as they may try to manipulate claims and deny them. More info means your claim will be processed faster and fairer.
What is Legal Fault in Drunk Driving Accidents
Legal fault in drunk driving accidents is usually straightforward as it’s negligence per se. Drunk driving is negligence per se meaning the act is inherently negligent because of the legal violation. Most personal injury claims against drunk drivers are based on the principle of negligence. This principle holds them responsible for their actions. A DUI conviction is strong evidence of the driver’s impairment and helps with liability claims against an impaired driver and impaired drivers. Complexity can arise with contributory negligence laws where all parties may be at fault and affect recovery under state comparative fault laws. Understanding these nuances is key to handling your drunk driving accident case.
Victims of drunk driving accidents just need to show the driver was impaired and the impaired driver caused the accident to get compensated. Shared liability can occur if both the impaired driver and another party were reckless. Shared responsibility can complicate settlements and requires evaluation of all factors including drunk driving crashes.
Compensation Options for Drunk Driving Victims
Drunk driving victims have multiple options to get compensated. Seek compensatory damages for medical expenses and lost wages. Compensation may also cover pain and suffering caused by the accident.
In Virginia, victims can file a claim with the impaired driver’s insurance, their own insurance if the driver is uninsured or sue the driver. Don’t accept the initial settlement offer from the insurance company as it’s often lower than what you deserve. If the responsible driver is uninsured, file an uninsured motorist claim with your own insurance provider.
Punitive damages may be awarded if the impaired driver was extremely negligent or malicious. Passengers injured in a drunk driving accident can also get compensation for medical expenses, lost income and emotional distress. Knowing these options helps you better navigate the process of getting fair compensation.
Car Accident Lawyer
Contact a lawyer after a drunk driving accident to navigate potential claims. An experienced personal injury attorney manages injuries, lost wages and other damages. They identify the liable parties, negotiate with insurers and get fair compensation.
Legal representation helps navigate claims and challenge insurance tactics after being hit by a drunk driver. Most personal injury lawyers work on a contingency fee basis and take about 33% of the settlement. They offer free consultations to discuss potential claims after an accident including your personal injury case, personal injury cases, personal injury lawsuit and a personal injury lawyer.
If negotiations fail, a lawyer can represent you in court and handle trial complexities. A car accident lawyer protects your rights and gets you the compensation you deserve.
How to Handle Insurance Companies
Handling insurance companies after a drunk driving accident can be tough. Insurance companies will try to limit payouts, downplay injuries or claim expenses are unjustified. Don’t talk to the drunk driver’s insurance company to avoid jeopardizing your claim.
A car accident lawyer handles communications with insurance companies to get you compensated. A car accident attorney ensures settlements are fair and just.
Keep track of all communications with insurance companies to protect yourself during the claims process.
Civil vs. Criminal Proceedings in Drunk Driving Cases
It’s important to understand the difference between civil and criminal proceedings in drunk driving cases. Civil cases seek financial compensation for damages; criminal cases aim to punish illegal behavior. In civil matters, the injured party files the lawsuit; in criminal cases the state prosecutes.
Civil traffic accident claims focus on proving negligence; criminal cases require evidence of guilt beyond a reasonable doubt. Outcomes in civil suits result in monetary awards; criminal convictions result in fines or imprisonment. Punitive damages in civil cases can be awarded if the driver’s actions ‘shock the conscience’ or display reckless disregard for safety.
In Virginia, punitive damages can be awarded if the driver had a BAC of .15 or higher and knew or should have known their driving was impaired. This helps victims understand their legal options and potential outcomes.
Damages in Drunk Driving Accident Claims
Drunk driving victims can claim compensatory and punitive damages. Compensatory damages include car repair and medical bills from the accident. These damages are meant to compensate for all accident related losses and expenses.
Surviving family members can seek punitive damages in wrongful death cases. Proving injuries requires evidence collection, which a lawyer can help with. Attorneys help calculate the full value of a claim including medical expenses and emotional distress.
Can Passengers Sue Drunk Drivers?
Passengers can sue drunk drivers for injuries sustained in the accident. They can seek compensation for medical expenses, lost income and emotional distress. Insurance companies may question shared blame and circumstances and complicate claims for passengers.
If a passenger is injured in a vehicle driven by a family member they likely cannot file a liability claim if covered under the same insurance policy. Knowing these nuances helps passengers navigate their claims better.
Family Members’ Rights in Fatal Drunk Driving Accidents
Family members of victims of fatal drunk driving accidents have specific rights to pursue legal action. Close family members can claim losses resulting from the incident. They can file a wrongful death lawsuit against the drunk driver.
In cases of significant others, a loss of consortium claim can be filed. Virginia law allows relatives to hold the responsible driver accountable for damages from a fatal incident. Knowing these rights helps family members get justice and compensation.
Conclusion
In summary, knowing what to do after being hit by a drunk driver makes a big difference in your recovery and legal outcome. Immediate actions such as calling emergency services, gathering information and documenting the accident scene are key. Getting medical attention and reporting the accident to your insurance company are essential steps in protecting yourself and your legal rights.
Understanding legal fault, compensation options and the role of a car accident lawyer helps you navigate drunk driving accident cases. Whether you are a victim, passenger or family member, knowing your rights and options is crucial in getting justice and fair compensation.
FAQs
Is it worth suing a drunk driver?
Yes, it is worth suing a drunk driver if you want to get compensated for medical expenses, lost wages or other damages as a civil suit may be your best option for recovery. Legal action can also hold the offender responsible for their actions.
What do I do if a drunk person hits my car?
If a drunk person hits your car, report the accident to your insurance company to start the claims process and ensure you get paid. This allows your insurer to contact the at-fault driver’s insurance.
Why is it important to see a doctor immediately after a drunk driving accident?
Seeing a doctor immediately after a drunk driving accident is crucial to prevent minor injuries from getting worse, identify hidden injuries and establish medical documentation for potential claims. Early care can impact both physical recovery and legal outcomes.
How do I handle insurance companies after a drunk driving accident?
You need to hire a lawyer to manage all communications with the at-fault driver’s insurance company after a drunk driving accident. Also, keep detailed records of all documents related to your case.
What is the difference between civil and criminal proceedings in drunk driving cases?
Civil vs criminal proceedings in drunk driving cases. Civil cases are about financial compensation for damage, criminal cases are about punishment. Civil requires proof of negligence, criminal requires proof beyond a reasonable doubt.
“We Get Justice For Injured People, and We Love What We Do”
Sharif Gray works as a trial lawyer at Broughton Injury Law. Sharif has proven that he can and will get results in court, and the insurance companies know that. If you have suffered injuries because of someone else’s negligence, we can help.
Sharif is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents. In every case, he has three goals:
- Hold the responsible corporation or individual fully accountable.
- Make the community safer, so others are not also harmed.
- Compensation that recognizes the full and fair value of what was taken from your health and quality of life.
Sharif loves what he does, and he is proud of the positive impact he has had and will continue to have on the people he represents and the community he lives in.
If Sharif can be of help to you, please do not hesitate to call him at (804) 915-1611 or contact him online to schedule a free consultation. We will get justice for you.
