Being injured in an accident caused by a drunk driver can be devastating. The reckless decision to drive under the influence puts others at serious risk, often leading to severe injuries and lasting trauma. If a drunk driver is responsible for an accident, taking the right steps with a personal injury lawyer can help ensure that justice is served and fair compensation is obtained for medical expenses, lost wages, and other damages.Our friends at The Eskesen Law Firm detail what you should do following an accident like this, below.
Seeking Immediate Medical Attention
After an accident with a drunk driver, the first priority should be medical care. Even if injuries seem minor at first, some symptoms may take time to appear. A thorough medical evaluation will not only ensure proper treatment but also create essential documentation linking the injuries to the accident. Medical records play a crucial role in personal injury claims, as they provide evidence of the severity and impact of the injuries sustained.
Reporting The Accident To Law Enforcement
Any accident involving a suspected drunk driver should be reported to the police immediately. Law enforcement officers will arrive at the scene to assess the situation, conduct field sobriety tests, and possibly administer a breathalyzer test. Their findings will be documented in an official police report, which can serve as key evidence in both criminal and civil cases. If the driver is arrested or charged with DUI, this information can further support an injury claim.
Gathering Evidence To Strengthen The Case
Building a strong case requires thorough documentation. If possible, collecting evidence at the scene can be highly beneficial. Taking photos of vehicle damage, road conditions, and any visible injuries can provide visual proof of the crash’s severity. If there were witnesses, obtaining their contact information and statements may help corroborate the events leading to the accident. Additionally, keeping copies of medical bills, repair estimates, and lost wage documentation will help establish the financial impact of the accident.
Understanding Liability And Legal Options
In cases involving drunk drivers, liability is typically clear, as driving under the influence is an act of negligence. A personal injury claim may seek compensation for medical expenses, rehabilitation costs, lost income, pain and suffering, and emotional distress. In some cases, punitive damages may also be awarded to punish the drunk driver and discourage similar reckless behavior.
In addition to holding the driver accountable, other parties may share liability. For example, if a bar or restaurant served alcohol to an already intoxicated individual who then caused an accident, dram shop laws may allow the injured party to pursue a claim against the establishment. Identifying all potential sources of liability can maximize the compensation available.
Dealing With Insurance Companies
Insurance companies may attempt to settle quickly, offering compensation that may not fully cover long-term medical expenses or other damages. It is crucial to avoid accepting any offers without fully understanding the extent of the injuries and future recovery needs. Insurance adjusters may also try to minimize the claim by arguing that certain medical treatments are unnecessary. Having legal representation can help ensure that fair compensation is secured and that all settlement negotiations are handled properly.
Taking Legal Action If Necessary
If settlement negotiations do not result in fair compensation, filing a lawsuit may be necessary. A personal injury lawsuit can provide additional leverage in securing damages, especially if the case involves serious or permanent injuries. In court, evidence such as police reports, medical records, expert testimony, and accident reconstruction analysis can help establish the full extent of the harm caused by the drunk driver.
Protecting Your Rights After An Accident With A Drunk Driver
A drunk driving accident can leave lasting physical, emotional, and financial consequences. Taking the right steps—seeking medical care, gathering evidence, and consulting with a legal professional—can help ensure that justice is served. Holding a negligent driver accountable not only helps the injured party recover compensation but also reinforces the importance of preventing future reckless behavior on the road. Our colleagues at Jacobson House believe that seeking legal guidance can make a significant difference in achieving the best possible outcome in a personal injury case.