In a vehicle accident, wherein the other driver was drunk driving, there is a good chance you can receive compensation for any damages and injuries resulting from the car accident. Also, you may file a personal injury lawsuit against the drunk driver. However, your route to a personal injury lawsuit may be challenging if you are living in a no-fault state.
Accidents caused by drunk drivers are really problematic in the United States. In fact, in 2015, there are around 10,265 casualties in alcohol-impaired vehicle accidents. That accounts to almost one-third (29%) of overall traffic-related casualties in the US.
What to Do in a Legal Sense If a Drunk Driver Caused Your Car Accident to Happen
Getting involved in a vehicle accident can be both life-changing and devastating. However, if you you were hit by a drunk driver, your shock may change to anger.
It may feel like a personal offense when another driver is irresponsible and deliberately unsafe and left you badly injured in what could have been an avoidable occurrence.
Is there anything you can do when you have been hit by an impaired driver and can you sue them for damages and injuries? Remember the following steps you must do legally when a drunk driver caused the car accident.
Drivers who were under the influence of alcohol are less likely to take necessary actions after an accident. The best thing to do is call 911 so law enforcements can file an accident report. Likewise, paramedics will arrive to attend to you and the drunk driver.
In the event that the other driver is revealed to be drunk or under the influence while driving, the police may arrest them. That will then be crucial information for your claim.
Do not dismiss medical care
Even if you think you are not harmed and feel okay, it is best to seek medical attention after a vehicle accident. Acquire a full medical check-up.
- Adrenaline covers up pain: Your adrenaline will most likely still be pumping even after feeling shocked. This adrenaline pumping in your body makes you feel okay and masks physical pain. However, if you are badly injured, the symptoms may develop over time.
Acquire a medical examination when paramedics arrive. On top of that, it is recommended that they take you to the hospital via the ambulance.
- Gather evidence before proceeding to the hospital: If possible, gather as much evidence from the scene before going to the hospital or doctor. Write down names, contact information, and details of people involved in the accident. In addition, look out for any witnesses and take photographs and videos of the aftermath.
- File a claim from the drunk driver’s insurance
It is a rare occurrence for insurance companies to reject claims filed against them, especially when the accident was caused by a drunk driver. If you are capable, file a claim with the insurance company of the other driver.
- Wait for medical care is settled before filing a claim: File a claim after all medical care has been given. This way, you will know all medical needs that have been established for you. You will not want to ask for a remuneration of $5,000 of medical bills only to find out you have $12,000 of medical bills when it is all settled.
- Hold onto all documents corresponding the accident: Before filing a claim, make sure to account for all damages and hold onto reports and documents corresponding to the car accident. Also, you will want to consult with an attorney to help you settle your claims and compensation.
Hire a lawyer
Cases of drunk driving can get really complicated, especially when you require monetary compensation other than what the insurance policy provides. In these cases, you will want to utilize speciality laws or sue the insurance company. Further, your personal injury lawyer can help you understand the case presented and determine the damages you need. Most importantly, lawyers understand the long-term impact of medical injuries, cost of repairs, weight of emotional damages, and more.
If you’re looking for someone who can provide legal representation for your case, you can click here for further information.
Irene Wall has been writing about law for more than a decade. She writes pieces on various law topics that she hopes could help the common reader with their concerns. She enjoys playing basketball with her sons during her free time