In the U.S., an average of 1.5 people die every hour from accidents caused by drunk drivers, as shown in a 2022 report by the U.S. Department of Transportation. This does not even account for the number of victims who suffer severe injuries or the $44 billion in annual damages that come from thousands of lawsuits across the country, as many studies reveal.
This is to show that accidents caused by impaired driving are a real issue in this country, and you must be aware of your rights in case you find yourself in such a situation. So, to get you equipped, let’s address some major questions before discussing the steps you must take.
Does an Accident with a Drunk Driver Guarantee Compensation?
No, it doesn’t. But don’t take this the wrong way. Driving while drunk is still a crime in the U.S., but if evidence proves that you were the one who caused the accident in the first place by either engaging in risky or aggressive behavior, then the driver will not cover your losses. Your insurer will have to do that.
Although the driver may still be arrested for DUI, that is an entirely different matter, and the outcome will have nothing to do with compensating you.
The only way you will get compensation from an impaired driver is to prove beyond every doubt that they caused the accident and are responsible for your injuries or damages.
What Happens If You Live In a “No-Fault” State?
If you sustained minor injuries and live in a “no-fault” state, you’ll need to contact your insurer to cover the costs.
According to renowned personal injury lawyer Jessica Carmichael, “all ‘no-fault’ states require insurers to handle medical expenses for victims, regardless of who’s at fault.”
But if your injuries are severe (requiring expensive surgeries), you can pursue legal action against the at-fault driver.
That said, let’s focus on the steps you have to take.
Prioritize Your Safety
Your safety after an accident should be the first thing on your mind. Not the drunk driver or the damages they may have done to your vehicle, but yourself and any other passenger you may have with you during the collision.
If you’re in the middle of the road, either drive to a safe location away from the traffic, like a nearby parking lot or leave your vehicle there (especially if it’s damaged) so that authorities can come and find evidence just as they are.
As soon as you’re out of the way, inspect yourself for any major injuries and tell your passengers to do the same if they are adults, or you do it for them if they are just kids. If there are any injuries, call your local emergency number to report the accident and ask for help. Also, find time to visit your doctor for X-ray scans in case of internal bleeding.
Collect Evidence
Irrespective of whether you live in a “no-fault” state, taking evidence of the scene is very important if you’re hoping to file a claim with your insurer or take legal action against the impaired driver.
The evidences you must take are few but very specific. You need to be able to prove that the driver was drunk, that they caused the accident, and that you have picture and video evidence of the scene as well as witness statements to prove your point.
How do you get all these? You have a smartphone; use it. First, tell the cops that you’ve been hit by an impaired driver (if you can do this discreetly, better!). Then, wait for them to arrive so you can use your smartphone to record the DUI arrest.
While waiting for them and stalling time with the impaired driver, use your smartphone or camera to photograph the accident scene. Take pictures of the damage to all the cars involved and any visible injuries you or your passengers may have sustained.
Also, include moments (in the video) where the impaired driver was talking like a drunk person and any road signs or traffic signals you feel they may have ignored.
Then there’s the witness statement—collect the phone numbers or email addresses of anyone at the scene who can collaborate on your story and act as a witness. And if possible, make a short video of them explaining briefly what happened at the scene. All these details will help you with your insurance company or during your lawsuit.
Communicate with Law Enforcement
When the cops arrive, tell them a clear, concise story of what happened. Stick to what happened and avoid exaggerating or admitting fault, even if you think you contributed to the accident. Allow their investigation to determine who is at fault.
Show them the video you did while the driver was talking drunk and the videos of the witnesses around the scene.
Inform them respectfully (even though you don’t have to) that you’d like to make a video recording of the DUI arrest for your insurance claim purposes (do not mention legal action at this point). As soon as they commence any field sobriety tests on the driver, ensure you’re also video-recording that.
Also, record the moment of the arrest and request a copy of the police report or details on how to get it later.
Notify Your Insurer and Get Legal Assistance
Whether or not you’ll have to get legal assistance depends largely on the scale of the accident. If you sustained severe injuries, then you must hire a personal injury lawyer to help you with legal action against the impaired driver who caused your injuries.
They can also assist you in notifying your insurer about the accident and filing a claim. Many insurers have a common practice of trying to downplay the severity of your accident to reduce the claim you’ll get.
An experienced personal injury lawyer will help you collate all the evidence you’ve gathered earlier to assess the value of your claim. If the insurer is stubborn and refuses to give you a sufficient settlement for your losses, they will file a lawsuit and use the evidence to get you the settlement you deserve.
Wrapping Up
We hope these tips help you handle any incident with drunk drivers and get you the proper compensation for your losses.
