What To Do If You're Hit By A Drunk Driver
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Being hit by a drunk driver is a frightening and overwhelming experience. Not only are you dealing with the immediate shock and potential injuries, but the aftermath can leave you uncertain about what steps to take. To protect your rights and ensure you get the compensation you deserve, it’s essential to know what to do after such an accident.
Check for Injuries and Call for Help
Your safety and health are the top priority. After a drunk driving accident, take a moment to check for injuries—both for yourself and any passengers in your vehicle. Common injuries from car accidents include:
- Broken bones
- Head injuries, including concussions
- Whiplash and other neck injuries
- Internal injuries
If anyone is hurt, call 911 immediately for medical assistance. Even if you don’t think you’re seriously injured, it’s still important to seek medical attention. Some injuries, such as concussions or internal bleeding, may not show symptoms immediately but could worsen over time if left untreated.
Contact the Police
When a drunk driving accident occurs, contacting the police is a critical step. Inform them of the accident and mention that you suspect the other driver is under the influence of alcohol. The police will:
- Arrive at the scene
- Assess the situation
- Perform a sobriety test on the other driver, if necessary
- Write a police report, which will be valuable when pursuing a personal injury claim
The police report will contain crucial information that may help establish liability and prove that the other driver was intoxicated at the time of the accident.
Document the Scene
While waiting for the authorities to arrive, gather as much information as possible about the accident. This documentation can be helpful when filing your insurance claim or pursuing compensation. Here’s what you should do:
Take photos: Capture images of the accident scene, including damage to both vehicles, road conditions, and any visible injuries.
Get witness information: If there are any witnesses to the accident, ask for their names and contact information. Their testimonies can support your case.
Write down details: Make a note of the time and location of the accident, as well as any observations you have about the drunk driver, such as slurred speech or unsteady behavior.
This evidence can serve as powerful proof when building your case against the drunk driver.
Seek Medical Attention
Even if you feel fine after the accident, it’s essential to seek medical attention. Some injuries may not be immediately apparent but could become serious over time. A doctor can assess your condition and ensure that any injuries are properly treated.
Medical records will also play a crucial role in your personal injury claim, providing documentation of your injuries and the treatment you received.
Contact a Personal Injury Lawyer Before Speaking to Your Insurance Company
After ensuring your safety and receiving medical attention, it’s essential to report the accident to your insurance company. However, it’s important to speak with a personal injury lawyer before contacting the insurance company to avoid making any statements that could harm your case. Insurance adjusters may try to get you to say something that could be used to minimize your compensation, so having legal representation ensures your rights are protected.
At Allbee Law Firm, we can help you set up the claim and communicate directly with your insurance company on your behalf. This ensures that the process is handled correctly from the start and that you receive the fair compensation you deserve.
Contact Allbee Law Firm before talking to any insurance adjusters. We’ll guide you through the process and protect your interests every step of the way.
FAQs About What To Do If You're Hit By A Drunk Driver
How Long Do You Have to File a Drunk Driver Accident Claim?
In Texas, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. However, it’s advisable to act as soon as possible to avoid missing important deadlines. A personal injury lawyer can help ensure your claim is filed on time and that all necessary documents are submitted.
What Compensation Can I Receive if I Get Hit by a Drunk Driver?
If you’ve been hit by a drunk driver, you may be eligible for various forms of compensation to help cover the damages and losses you’ve experienced. Potential compensation includes:
- Medical bills: Coverage for all medical expenses related to the accident, including emergency room visits, surgeries, rehabilitation, and ongoing medical treatments.
- Future medical care: Compensation for any future medical treatments or long-term care you may require as a result of your injuries.
- Lost wages: If your injuries prevent you from working, you can recover compensation for the income lost during your recovery period.
- Future lost income: If the accident has caused long-term disability or affects your ability to work in the future, you may be compensated for future lost earning capacity.
- Pain and suffering: This covers the physical and emotional distress caused by the accident, including ongoing pain, trauma, anxiety, and a diminished quality of life.
- Property damage: Reimbursement for repairs or the replacement of your vehicle and any other personal property that was damaged in the crash.
- Punitive damages: In cases where the drunk driver’s actions were especially reckless, courts may award punitive damages to punish the driver and deter others from similar behavior.
What If the Drunk Driver Doesn’t Have Insurance?
If the drunk driver who hit you doesn’t have insurance, there are still ways to recover compensation. Here are your options:
Uninsured/Underinsured Motorist (UM/UIM) Coverage
You may be able to file a claim under your own UM/UIM coverage if the at-fault driver lacks sufficient insurance to cover your damages. This type of coverage is specifically designed to protect you in these situations.
Other Insurance Policies
Your lawyer may investigate whether there are any other applicable insurance policies that could provide coverage, such as policies from other individuals who may have shared ownership of the vehicle or business policies in the case of commercial drivers.
Working with a personal injury lawyer at Allbee Law Firm can help ensure you explore all available avenues for compensation.
How Can a Personal Injury Lawyer Help?
When you’ve been hit by a drunk driver, navigating the legal process on your own can be challenging, especially if you’re dealing with injuries. A drunk driving accident attorney can provide valuable support by:
- Investigating the accident: Gathering critical evidence such as police reports, medical records, witness statements, and more.
- Negotiating with insurance companies: Ensuring you receive fair compensation, preventing you from being pressured into accepting a lowball offer.
- Handling all legal paperwork: Filing the necessary paperwork and communicating with the drunk driver’s insurance company, relieving you of the burden.
- Representing you in court: If a settlement cannot be reached, your lawyer will represent you in court to pursue the compensation you deserve.
- Answering your questions: A personal injury lawyer will guide you through every step of the legal process, ensuring your rights are protected.
At Allbee Law Firm, we’ll handle the legal complexities so you can focus on recovering from your injuries. Call us at (972) 848-4848 for a free consultation.