How to Handle a Car Accident Involving a Drunk Driver

Car accidents can be incredibly traumatic and life-altering events. When an accident involves a drunk driver, the situation becomes even more distressing due to the reckless behavior of the intoxicated driver. Knowing how to handle such an accident is crucial for your safety, well-being, and legal rights. If you find yourself involved in a car accident with a drunk driver, there are several important steps you should take to ensure that you are protected and that justice is served.

Ensuring Safety and Seeking Immediate Medical Attention

The first and most important step after any car accident, especially one involving a drunk driver, is to ensure your safety and the safety of others. Immediately check yourself and any passengers for injuries. If you are able, move to a safe location away from the flow of traffic. It is important to stay calm and composed. Panicking can lead to further accidents or injuries. Once you are in a safe location, call 911 to report the accident and request medical assistance if needed. Even if you feel fine, it is crucial to be examined by a medical professional. Some injuries may not be immediately apparent and could become serious if left untreated.

Contacting Law Enforcement and Providing an Accurate Account

After ensuring everyone’s safety and securing medical attention, the next critical step is to contact law enforcement. When you call 911, inform them of the accident and specify that you suspect the other driver may be intoxicated. It is vital that the police are involved in any accident involving a drunk driver. They will conduct field sobriety tests, take statements from all parties involved, and create a police report. The police report will be a valuable piece of evidence if you need to pursue a legal claim against the drunk driver. When speaking with law enforcement, provide a detailed and accurate account of what happened. However, avoid making any statements that could be construed as admitting fault. It is often best to let the facts speak for themselves and allow the police to determine what happened.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Gathering Evidence at the Scene

While waiting for law enforcement to arrive, if you are physically able, it is important to gather as much evidence as possible at the scene of the accident. Take photographs of the vehicles involved, including any visible damage, skid marks, and road conditions. Photographs of the surrounding area, such as traffic signs and signals, can also be helpful in reconstructing the events leading up to the accident. If there are any witnesses, obtain their contact information. Witness statements can provide additional support for your account of the accident and help establish the other driver’s intoxication. Additionally, write down your own recollection of the accident while the details are still fresh in your mind. This can be helpful when providing statements to the police and your insurance company.

Avoiding Confrontation and Remaining Calm

After an accident involving a drunk driver, emotions can run high. You may feel anger, fear, or frustration, especially if you or a loved one has been injured. It is important to remain calm and avoid any confrontation with the intoxicated driver. Confronting the driver can escalate the situation and potentially lead to further conflict or violence. Let law enforcement handle the intoxicated driver. They are trained to deal with these situations and will ensure that the driver is appropriately dealt with according to the law.

Reporting the Accident to Your Insurance Company

Once you have ensured safety, received medical attention, and spoken with law enforcement, the next step is to report the accident to your insurance company. Contact your insurance provider as soon as possible to inform them of the accident. Provide them with all the necessary information, including the police report number and the contact information of the other driver and any witnesses. When speaking with your insurance company, provide a factual account of what happened, but avoid speculating or admitting fault. Insurance companies will conduct their own investigation into the accident, and admitting fault prematurely could affect your ability to recover compensation.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Understanding Your Legal Rights and Options

After an accident involving a drunk driver, it is important to understand your legal rights and options. Drunk driving is a criminal offense, and the intoxicated driver may face criminal charges. However, these criminal charges do not directly compensate you for your injuries or damages. To seek compensation for your medical bills, lost wages, pain and suffering, and other damages, you may need to pursue a civil claim against the drunk driver. In some cases, there may also be other parties who can be held liable for the accident. For example, if the drunk driver was served alcohol at a bar or restaurant while visibly intoxicated, the establishment may also be liable under certain circumstances.

Documenting Your Injuries and Damages

To successfully pursue a claim against a drunk driver, it is important to document your injuries and damages thoroughly. Keep a detailed record of all medical treatments you receive, including the names of healthcare providers, the nature of your injuries, and the treatments prescribed. Also, document any time missed from work due to the accident and the resulting loss of income. Keeping a journal of your physical pain and emotional suffering can also be helpful in demonstrating the impact of the accident on your daily life. The more detailed your documentation, the stronger your case will be when seeking compensation from the drunk driver or their insurance company.

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Navigating the Legal Process and Pursuing Compensation

Pursuing a legal claim after a car accident involving a drunk driver can be a complex and challenging process. It is important to be prepared for the various steps involved, from filing a claim with the insurance company to potentially taking the case to court. In many cases, the drunk driver’s insurance company will attempt to settle the claim quickly to avoid a lengthy legal battle. However, these initial settlement offers are often far lower than what you may be entitled to. It is important not to accept any settlement offer without first consulting with a qualified attorney. An attorney can help evaluate the offer and determine whether it is fair and adequate given your injuries and damages.

Seeking Legal Assistance from a Qualified Attorney

Given the complexities involved in car accidents, particularly those involving drunk drivers, it is highly advisable to seek legal assistance from a qualified attorney. An attorney who is well-versed in handling car accident cases can provide valuable guidance and support throughout the legal process. They can help you understand your rights, negotiate with insurance companies, and, if necessary, represent you in court to ensure that you receive the compensation you deserve. With an attorney by your side, you can focus on your recovery while they handle the legal aspects of your case.

Dealing with Emotional and Psychological Impact

Car accidents, especially those involving drunk drivers, can have a profound emotional and psychological impact on victims. In addition to physical injuries, you may experience feelings of anxiety, depression, or post-traumatic stress disorder (PTSD). It is important to address these emotional and psychological impacts and seek professional help if needed. Talking to a therapist or counselor can be beneficial in coping with the trauma of the accident and developing strategies for emotional healing. Remember that taking care of your mental health is just as important as addressing your physical injuries.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Understanding the Importance of Accountability

One of the most important aspects of handling a car accident involving a drunk driver is understanding the importance of accountability. Drunk driving is a serious and reckless act that endangers the lives of everyone on the road. Holding the intoxicated driver accountable for their actions is not only important for your own recovery but also serves as a deterrent to prevent future incidents. By pursuing legal action against the drunk driver, you are taking a stand against dangerous behavior and helping to make the roads safer for everyone.

Handling a car accident involving a drunk driver is a challenging and emotional experience. However, by following the steps outlined above, you can protect yourself and ensure that your legal rights are upheld. If you have been involved in such an accident, it is important to seek the guidance of a qualified attorney who can help you navigate the legal process and pursue the compensation you deserve. Serrano Law is here to help you through this difficult time. With our experience in handling car accident cases, we are committed to fighting for your rights and ensuring that justice is served. Contact Serrano Law today to schedule a consultation and take the first step towards recovery.