What to do if you’re injured by a drunk driver?
Drunk driving accidents are not just statistics or news headlines; they change the lives of those involved forever. Apart from numbers and legal implications, appreciating the seriousness of drunk driving crashes is essential.
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ToggleEvery year, on roads across the nation, a grave and entirely preventable tragedy unfolds: drunk driving accidents. Although the numbers and statistics may be shocking, it is crucial to recall that behind each number lies a deeply personal and, many times, devastating story.
Apart from the legal consequences and societal disapprobation, it is crucial to analyze the human cost they cause. So let’s explore what to do if you’re injured by a drunk driver and what are the different aspects of these accidents, from physical injuries to emotional scars and financial burdens.
Immediate Actions to Take
According to the best Houston auto accident lawyer, after an accident caused by a driver under the influence of alcohol, immediate and forceful steps should be taken. The seriousness of the situation, however, cannot be belittled because damage to vehicles is not always the only consequence but also physical and emotional injury. So, the initial actions are taken to ensure your safety and start with these required procedures.
Seek Medical Attention
After being involved in an accident with a drunk driver. Immediate medical assistance is the critical step to take for your health and general well-being.
Your well-being is of utmost importance, and seeking medical attention promptly is crucial for several reasons:
- Some injuries that result from an accident may not be noticeable at first. For instance, internal injuries, concussions, or whiplash may have delayed symptoms. These problems can be detected early with prompt medical assessment to avoid complications.
- Medical records are important evidence in any court case or insurance claim that may arise later. Comprehensive medical records make sure that your injuries are properly documented, which supports your claim for compensation.
- Prompt medical attention allows healthcare professionals to develop a proper treatment plan that is specific to your injuries. This can speed up your recovery and enhance your prognosis.
Contacting Law Enforcement
After a collision with a drunk driver, contacting law enforcement is an important step in holding the responsible party responsible and collecting necessary evidence.
Reporting the incident to law enforcement serves several important purposes:
- The police will file an accident report, which includes the details of the collision. This report could become a very important piece of evidence in any future legal proceedings or insurance claims.
- The reporting of the event informs police officials about suspicion in drunk driving. Police officers will administer field sobriety or blood tests to determine if the driver was driving under the influence of alcohol and drugs.
- At the crime scene, law enforcement officers may interview witnesses. Their testimonies may help to shed more light on the conditions of the incident and the behavior of the driver, who was under the influence.
- The police can protect the scene of an accident, ensuring that no tampering with or removal of evidence occurs. This guarantees that important details are retained for subsequent investigations.
- It is through reporting the incident that potential legal actions against the drunk driver are initiated. If sufficient evidence is gathered, the driver may be charged with DUI or DWI.
- It is also very useful when reporting to insurance companies. It offers an authentic version of the incident that can assist in determining liability and coverage.
Legal Consideration
It is important to understand the legal aspects of your case when you get injured by a drunk driver. Understanding your rights and options is of great importance.
As a victim of an accident caused by drunk driving, you have the legal right to claim for your injuries and damages. This compensation may include medical bills, property damage costs, loss of income, and pain and suffering. Also, in cases of DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), criminal charges are levied against drunk drivers involved in car accidents. It is crucial to comprehend the criminal proceedings and their possible outcomes.
Apart from criminal charges, you may also file a civil action against the drunk driver. This action is a claim for damages directly against the wrongdoer. Seeking compensation from the drunk driver’s insurance company is a common step in initiating an insurance claim. Claims process, policy limits, and negotiation strategies must be understood.
In Texas, the contributory negligence doctrine is applied, thus, if you were at fault in any way, your compensation will be reduced. To determine liability, it is crucial to understand how this system works. Also, in this state, there is a time limitation within which you have to file a personal injury claim. Become aware of the statute of limitations so as not to miss the deadline.
Seek advice from a seasoned personal injury lawyer who deals with drunk driving accident matters. They can offer legal advice, fight for your rights, and manage the intricacies of the legal system on your behalf.
Insurance Claims
The crucial phase of the insurance process after a drunk driving accident is obtaining compensation for your injuries and damages.
- First, inform your insurance company about the accident. Give them accurate information about the event, but be careful when talking to them. Do not admit responsibility or make statements that can be used against you in the future.
- In case the drunk driver is held responsible, you may have to make an insurance claim against them. Make sure you are ready with proof of the driver’s impairment and the severity of your injuries.
- Know the policy limits of the drunk driver’s insurance. In some cases, the coverage may not be adequate to cover your losses. In such cases, you might have to look for other ways of receiving compensation.
- It is a common practice for insurance companies to try to settle claims for the least amount of money. It is vital to negotiate effectively and not accept a settlement offer that does not fully compensate for your losses. Consultation with a personal injury attorney may be priceless in this process.
Seeking Legal Representation
After a drunk driving accident, the need for legal representation cannot be underestimated.
Personal injury attorneys, especially those who practice in the field of drunk driving accidents, have a deep understanding of the laws and regulations involved. They are able to maneuver through these cases with accuracy. Also, lawyers can afford to carry out comprehensive investigations. They can collect essential evidence, including police reports, witness statements, medical records, and accident reconstructions, to help in building a strong case for you.
Professional lawyers are skilled in negotiating with insurance companies to ensure that you get the right amount of compensation for your injuries and damages. They may deal with negotiations with insurance adjusters and keep you from accepting compensation offers that are insufficient.
If the negotiations with the insurance company reach a deadlock, lawyers can file your case in court. They are litigators who can represent your interests before a judge and jury.
Contact Mokaram Law Firm Today!
At Mokaram Law Firm, we do our best to resolve your cases of all sorts, including drunk driving cases. By getting the best lawyers involved in some instances, there is so much that can be done to help you when you need it the most. Dial (281) 609-9224 today and get your consultations booked by the most skilled attorneys out there.
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