Being hit by a drunk driver can be a traumatic experience, leading to serious injuries, property damage, and emotional distress. Understanding your rights and the steps to take after such an incident is crucial for ensuring your safety and securing fair compensation. Here’s a comprehensive guide on what to do if you are hit by a drunk driver.

1. Ensure Safety and Seek Medical Attention

Check for Injuries:Immediately check yourself and others for injuries. Call 911 for emergency medical assistance if anyone is injured.

Move to Safety:If possible, move your vehicle to a safe location out of the flow of traffic. Turn on your hazard lights to alert other drivers.

Seek Medical Attention:Even if you feel fine, seek medical attention. Some injuries may not be immediately apparent. Document all medical treatments and follow-up care.

2. Call the Police

Report the Accident:Contact the police to report the accident. Inform them that you believe the other driver is under the influence of alcohol. Provide as much detail as possible about the driver’s behavior and any evidence of intoxication.

Obtain a Police Report:The police will document the accident and conduct field sobriety tests or breathalyzer tests on the drunk driver. Obtain a copy of the police report for your records. This report will be crucial for your insurance claim and any legal action.

For more on obtaining a police report, visit How Do I Obtain a Copy of the Police Report for My Auto Accident?.

3. Gather Evidence at the Scene

Take Photos and Videos:Use your smartphone to take photos and videos of the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries.

Collect Witness Information:Obtain names, phone numbers, and addresses of any witnesses to the accident. Witnesses can provide valuable third-party accounts of what happened.

Exchange Information:Exchange contact, insurance, and driver’s license information with the other driver. Be sure to note any signs of intoxication, such as the smell of alcohol, slurred speech, or erratic behavior.

For more on gathering information, see What Information Should I Exchange with the Other Driver After an Accident?.

4. Notify Your Insurance Company

Report the Accident:Contact your insurance company as soon as possible to report the accident. Provide them with all necessary information, including the police report number, photos, and witness statements.

Provide Accurate Information:Give a factual account of what happened, but avoid speculating about the cause of the accident. Let the investigation determine the details.

5. Filing a Claim Against the Drunk Driver

Third-Party Claim:File a claim with the drunk driver’s insurance company to seek compensation for your medical expenses, property damage, lost wages, and other damages.

Uninsured/Underinsured Motorist (UM/UIM) Coverage:If the drunk driver is uninsured or underinsured, you can file a claim under your own UM/UIM coverage. This coverage can help pay for your medical expenses and other damages if the at-fault driver lacks sufficient insurance.

For more on UM/UIM claims, see How Do Uninsured/Underinsured Motorist Claims Work?.

6. Pursuing Legal Action

Personal Injury Lawsuit:If the insurance settlement is insufficient or the insurance company denies your claim, you may need to file a personal injury lawsuit against the drunk driver. An experienced personal injury attorney can help you navigate the legal process and advocate for fair compensation.

Punitive Damages:In cases involving drunk driving, you may be entitled to punitive damages in addition to compensatory damages. Punitive damages are intended to punish the drunk driver and deter similar behavior in the future.

For more on filing a lawsuit, see How Long Do I Have to File a Lawsuit After an Auto Accident in Nevada?.

7. Compensation for Your Injuries and Damages

Economic Damages:You can recover economic damages, including:

• Medical expenses (current and future)
• Lost wages
• Property damage
• Rehabilitation and therapy costs

Non-Economic Damages:You may also recover non-economic damages, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Example:If your total damages are $50,000 in medical expenses and lost wages and $30,000 in pain and suffering, your total compensation could be $80,000. If punitive damages are awarded, this amount could be higher.

For more on calculating damages, see What Damages Can I Recover in an Auto Accident Claim?.

8. Legal Assistance

Consulting an Attorney:Consulting with a personal injury attorney is highly recommended when dealing with a drunk driving accident. An attorney can help you gather evidence, negotiate with insurance companies, and pursue legal action if necessary.

Contingency Fee Basis:Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement makes legal representation more accessible and ensures your attorney is motivated to achieve the best possible outcome.

For more on the role of an attorney, check out What Is the Role of a Personal Injury Attorney in an Auto Accident Case?.

9. Avoiding Common Mistakes

Do Not Admit Fault:Avoid admitting fault or making statements that could be interpreted as admitting fault at the scene of the accident. Determining fault is a complex process that should be left to the insurance companies and legal professionals.

Document Everything:Keep detailed records of all accident-related expenses, including medical bills, repair costs, lost wages, and other out-of-pocket expenses. This documentation will support your claim for compensation.

Follow Medical Advice:Follow your healthcare provider’s advice and attend all recommended treatments and appointments. Adhering to your treatment plan demonstrates that you are taking your recovery seriously and can help support your claim.

For more on avoiding common mistakes, see What Are Common Mistakes to Avoid After an Auto Accident?.

Conclusion

Being hit by a drunk driver can be a traumatic and complex situation. By following the appropriate steps—ensuring safety, calling the police, gathering evidence, notifying your insurance company, filing claims, and consulting with a personal injury attorney—you can protect your rights and seek fair compensation for your injuries and damages. Understanding your rights and options is crucial to navigating this challenging process effectively.

For more detailed articles and advice, explore our comprehensive guides on various aspects of auto accidents:

• How Do I Report an Auto Accident in Las Vegas?
• What Are the Steps to Filing an Auto Accident Claim?
• How Can I Protect My Rights After an Auto Accident?

Stay informed and protect your rights!

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