Being hit by a drunk driver can be a life-altering experience, leaving victims with severe injuries, emotional distress, and overwhelming financial burdens.
According to the National Highway Traffic Safety Administration (NHTSA), over 13,524 people died in alcohol-related crashes in 2022, highlighting the devastating impact of impaired driving.
While some victims survive, many are left dealing with expensive medical bills, lost wages, and emotional trauma that can last a lifetime. The aftermath of a drunk driving crash is often chaotic and confusing, making it difficult to know what steps to take next.
Between seeking medical treatment, gathering evidence, and dealing with insurance companies, the process can feel overwhelming. However, taking the right actions early on can help protect your health, preserve your legal rights, and maximize any compensation you may be entitled to.
This guide will walk you through the essential steps to take if you're hit by a drunk driver.
If you are ever involved in a crash with a drunk drive, it is crucial that you carry out specific steps to protect your health, any property that may have been damaged, and your right to sue. Here are those steps:
Calling law enforcement after being hit by a drunk driver is essential for both legal and safety reasons. State law requires that you call the police after any accident as long as it results in death, injury, or a certain threshold of property damage.
In Michigan, if an accident causes death, damage, or property damage over $1,000, the drivers are required to report it under Mich. Comp. Laws § 257.622, and similarly, N.J. Rev. Stat. § 39: 4-130 in New Jersey requires drivers who have been in an accident resulting in death, injury, or damage to property exceeding $500 to immediately report to the police. Even if the accident is only minor, you should still call the police because drunk driving is a crime and the drunk driver may hit someone else.
Once the police arrive at the scene, they will assess the situation, and document key details in an official accident report. This report serves as crucial evidence when filing an insurance claim or pursuing legal action against the intoxicated driver.
Ensure to inform the investigating officers about any signs of intoxication you observed, such as slurred speech or the smell of alcohol. Officers can conduct field sobriety tests or request a breathalyzer test to determine the driver's impairment level.
Their findings will be included in the report, further strengthening your case. Because without an official record, the driver may later deny fault or that they were drunk, making it harder to prove your claim.
Your health should be your top priority after being hit by a drunk driver. Even if you think you “feel fine”, you should remember that adrenaline can mask serious injuries, and some conditions, like internal bleeding or concussions, may not show symptoms right away.
Seeking immediate medical attention ensures that any hidden injuries are diagnosed and treated before they become life-threatening. Additionally, medical records serve as crucial evidence in your claim against the drunk driver.
Insurance companies or at-fault parties may argue that your injuries were minor or unrelated to the crash if you delay treatment in any way. A great example of this was in Bullington v. Barela, 555 P.3d 102, 2024 COA 56 (Colo. App. 2024) where after Barela’s car struck Bullington’s in a low-speed rear-end collision, Bullington reported a tenderness in her neck with pain in her head and abdomen at the hospital.
At the time of the initial collision, Bullington was 7-months pregnant, and she got pregnant two more times after the accident. Her doctors refused to give her steroid injections while she was pregnant, and in court, Barela argued that Bullington’s “voluntary decision” to become pregnant twice more after the accident should be interpreted as a failure to mitigate her damages.
By getting checked by a doctor immediately, you create a clear link between the accident and your injuries. But after getting checked by a doctor, you must also ensure you follow your treatment plan as efficiently as possible.
Prompt medical attention also strengthens your case when negotiating compensation. Whether you pursue an insurance settlement or a lawsuit, having well-documented medical reports helps ensure you receive fair compensation for your medical bills, lost wages, and pain and suffering.
Gathering evidence at the scene is crucial to building a strong case against the drunk driver. If you are physically able, take clear photos and videos of the vehicles, skid marks, road conditions, and any visible injuries.
Also capture the drunk driver's license plate, any open alcohol containers in their car, and their behavior, as these details can help prove intoxication. Speak to witnesses and collect their contact information, as their statements can support your version of events.
Finally, request a copy of the police report once it's available, as it will contain vital details about the accident and the driver's impairment. The more evidence you gather, the stronger your case will be when dealing with insurance companies or pursuing legal action.
Notifying your insurance company as soon as possible after a drunk driving accident is essential. Most insurers require prompt reporting, and even include it as a condition in insurance contracts. Therefore, any delays could negatively affect your claim.
When speaking to your insurer, provide them with the basic facts, including the time, location, and parties involved. But avoid making definitive statements about fault or injuries you may have sustained until you have the necessary information.
If the drunk driver was insured, their provider may be responsible for covering your damages. However, if they were uninsured or underinsured, your own policy’s uninsured motorist coverage might come into play.
Keep records of all communication with the insurance company, and do not accept a settlement offer without fully understanding the extent of your damages.
As you may have guessed, record keeping during this process is crucial. Apart from records of all communication with the insurance company and evidence you gathered at the scene, you have to keep more detailed records of losses you have suffered as a result of the accident and expenses you have incurred.
Medical bills, prescription costs, lost wages, and property damage should all be documented with receipts, invoices, and written estimates. Even smaller expenses, such as transportation to medical appointments or home modifications due to injuries, can add up and should be included in your claim.
In addition to financial losses, document non-economic damages such as pain and suffering, emotional distress, and reduced quality of life. Keeping a journal of your daily struggles and medical progress can help demonstrate the full impact of the accident.
Insurance companies and courts rely on solid documentation when determining settlements, so thorough and organized records can significantly strengthen your case. Having an attorney review your records ensures that no critical expenses are overlooked, maximizing the compensation you receive.
Speaking to the at-fault driver’s insurance adjuster without legal advice can jeopardize your claim. Insurance companies aim to minimize payouts, and adjusters are trained to extract statements that could weaken your case.
When speaking to an adjuster, a simple apology or casual remark about your injuries could be twisted to suggest you share some responsibility or that your injuries are less severe than they actually are. Therefore, best practice is that Instead of engaging with the adjuster directly, refer them to your attorney.
A lawyer understands how to handle these negotiations and ensures that your rights are protected. If you must respond, keep your statements brief, factual, and avoid speculation about the accident or your injuries.
By allowing legal professionals to communicate on your behalf, you prevent the risk of accepting a low settlement or unintentionally harming your case. Protecting yourself early in the claims process can make a significant difference in the compensation you receive.
Consulting a personal injury attorney is one of the most crucial steps after being hit by a drunk driver. An experienced lawyer can assess your case, explain your rights, and help you pursue the maximum compensation available.
They also understand how to deal with insurance companies, gather necessary evidence, and build a strong claim on your behalf. Without legal representation, you risk accepting a settlement that doesn’t cover your full damages.
A lawyer ensures that all aspects of your losses—medical bills, lost wages, pain and suffering—are properly accounted for. Multiple studies also show that seeking legal guidance early can significantly impact the outcome of your case.
After consulting a personal injury attorney, the next step is to explore all possible compensation options. Your attorney will evaluate whether you should file an insurance claim, pursue a personal injury lawsuit, or seek compensation through alternative avenues such as victim compensation funds.
They will help you determine the best course of action based on your specific circumstances, including the severity of your injuries and the available insurance coverage. Compensation may cover medical expenses, lost income, pain and suffering, and even punitive damages against the drunk driver.
Your attorney will work to maximize your claim and ensure you receive what you deserve. Without legal guidance, you may overlook key sources of compensation that could significantly impact you’re the amount you recover.
Once you and your attorney have identified the best path for seeking compensation, the next step is to prepare for negotiations or legal action. Negotiations will arise if the insurance company is willing to settle, but you may still need to take legal action subsequently.
If the at-fault driver's insurance company is willing to negotiate in good faith, your attorney will present strong evidence to support your claim and push for a fair settlement. This includes medical records, accident reports, witness statements, and proof of financial losses.
If negotiations fail or the insurance company refuses to offer reasonable compensation, you may need to file a lawsuit. Your attorney will work with you through the legal process, ensuring that all necessary documents are filed within the statute of limitations.
The litigation process may involve depositions, further evidence gathering, and potentially a trial if a settlement cannot be reached. It is however important to keep in mind that while you may get a higher compensation through litigation, the process could take a very long time.
Whether through settlement talks or court proceedings, being well-prepared strengthens your case. With legal representation, you increase your chances of securing the compensation you deserve.
Drunk driving remains a significant concern in America. Recent statistics highlight its impact:
Being hit by a drunk driver is a devastating experience that can leave you physically, emotionally, and financially overwhelmed. Taking the right steps after the accident can make a significant difference in your recovery and ability to seek fair compensation.
At The Accident Helpers, we can support you through this challenging time by connecting you with experienced legal professionals who can fight for your rights. Our services are completely free, ensuring you get the guidance and resources you need without any added financial burden.
So, contact us today, and let us help you take the next steps toward justice and the compensation you deserve.