What To Do If Your Car Is Hit By A Drunk Driver
Here is what to do if your car is hit by a drunk driver. Read on to learn everything on the topic or contact H&S Law Group today!
Being Hit By A Drunk Driver Requires Immediate Hire Of A Personal Injury Attorney
Being hit by a drunk driver can be frightening, confusing, and overwhelming. In the moments after a crash, you may be dealing with pain, vehicle damage, shock, police activity, and uncertainty about what to do next.
When alcohol is involved, the situation can become even more serious because the driver who caused the accident may face criminal charges in addition to being held financially responsible for the harm caused.
If you are involved in a crash with a suspected drunk driver in New Jersey, the steps you take afterward can have a significant impact on your health, your insurance claim, and any potential personal injury case.
H&S Law Group, located at 1719 NJ-10 Suite 224, Parsippany, NJ 07054, represents individuals dealing with personal injury matters in New Jersey. If you have been injured by an impaired driver, understanding what to do after the accident can help protect your rights.
Call 911 Immediately
The first thing you should do after a serious car accident is call 911.
If you believe the other driver may be intoxicated, tell the dispatcher what you observed.
Possible signs of impairment may include:
- Slurred speech
- Difficulty standing or walking
- Bloodshot eyes
- The smell of alcohol
- Erratic driving before the crash
- Confusion
- Aggressive behavior
- Open alcohol containers in the vehicle
Avoid confronting the other driver or accusing them directly. Allow police officers to investigate. You may also read this post on the common causes of car accidents in NJ.
Law enforcement may perform field sobriety testing, breath testing, or other investigative procedures depending on the circumstances.
A police report can become an important piece of evidence later, especially if the driver is arrested or charged with driving while intoxicated.
Get Medical Attention
Your health should be your first priority after an accident.
Even if you do not believe you are seriously injured, it is often wise to be evaluated by a medical professional. Read our post on how long to file a personal injury lawsuit in New Jersey too for more guidance.
Some injuries do not immediately produce obvious symptoms.
Common car accident injuries may include:
- Whiplash
- Concussions
- Back injuries
- Neck injuries
- Shoulder injuries
- Broken bones
- Soft tissue injuries
- Internal injuries
Adrenaline can temporarily mask pain, causing some people to feel relatively normal immediately after a crash.
Seeking medical attention also creates documentation showing when your injuries were discovered and treated.
This can become important when dealing with insurance companies or a personal injury claim.
Do Not Argue With The Other Driver
A driver who has been drinking may behave unpredictably.
They may become angry, defensive, confused, or aggressive.
Avoid arguing with them about who caused the accident.
If possible, remain in a safe location until police arrive.
Your priority should be protecting yourself, your passengers, and anyone else at the accident scene.
Take Photos And Videos
If you are physically able to do so safely, document the accident scene.
Take photos or videos of:
- Damage to your vehicle
- Damage to the other vehicle
- Vehicle positions
- License plates
- Road conditions
- Traffic signals
- Skid marks
- Debris
- Nearby businesses
- Visible injuries
If you noticed the other vehicle driving erratically before the crash, write down what you remember as soon as possible.
Details that seem obvious immediately after an accident can become difficult to remember weeks or months later.
Look For Witnesses
Independent witnesses can be extremely valuable after a drunk driving accident.
Someone nearby may have seen the other driver speeding, swerving, running a red light, or otherwise driving dangerously before the collision.
Ask witnesses for their names and contact information if possible.
Do not assume the police will identify every witness at the scene.
A witness may later be able to provide information that supports your version of what happened.
Exchange Information
Obtain the other driver’s basic information, including:
- Name
- Address
- Phone number
- Driver’s license information
- License plate number
- Insurance carrier
- Insurance policy information
You should also provide the information required from you.
However, avoid having a lengthy conversation about fault or injuries.
Avoid Admitting Fault
After a crash, people sometimes apologize instinctively even when they did nothing wrong.
Avoid statements such as:
“I should have seen you.”
“I’m sorry.”
“I may have been going a little fast.”
These statements may later be interpreted in ways you did not intend.
Stick to the facts when speaking with police officers, insurance representatives, and others involved in the accident.
Notify Your Insurance Company
You should generally report the accident to your insurance company promptly.
Provide truthful information about what happened, but be cautious about making broad statements regarding your injuries before you know their full extent.
Insurance companies frequently investigate accidents closely, especially when significant injuries or financial damages are involved.
The other driver’s insurance company may also contact you.
Before giving a detailed recorded statement or accepting a settlement, you may want to speak with a personal injury attorney.
Keep Records Of Everything
Documentation is extremely important after a serious car accident.
Keep copies of:
- Medical records
- Medical bills
- Prescription receipts
- Police reports
- Insurance correspondence
- Vehicle repair estimates
- Towing bills
- Rental car expenses
- Lost wage documentation
You may also want to keep notes describing how your injuries affect your daily life.
For example, an injury may prevent you from exercising, sleeping comfortably, caring for your children, driving, or performing your normal work responsibilities.
Do Not Rush To Accept A Settlement
An insurance company may offer you money relatively quickly after an accident.
That offer may seem appealing, especially if medical bills and vehicle repair expenses are accumulating.
However, accepting a settlement usually means resolving the claim permanently.
If your injuries later turn out to be more serious than expected, you may not be able to seek additional compensation.
Before agreeing to a settlement, make sure you understand the full extent of your injuries, medical treatment, lost income, and other damages.
What Compensation May Be Available After A Drunk Driving Accident?
Every case is different, but a person injured by a negligent or intoxicated driver may be able to pursue compensation for certain losses.
Depending on the circumstances, those damages may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning ability
- Pain and suffering
- Property damage
- Rehabilitation costs
- Other accident-related losses
The value of a claim depends on factors such as the severity of the injuries, available insurance coverage, medical evidence, and the circumstances surrounding the accident.
Criminal Charges And Personal Injury Claims Are Different
A drunk driver may face criminal or traffic-related charges after an accident.
However, a criminal case and a personal injury claim are separate matters.
The government’s case against the driver focuses on whether the driver violated criminal or motor vehicle laws.
A personal injury case focuses on compensation for the person who was injured.
You may still have a civil claim even while criminal proceedings against the drunk driver are underway.
Speak With A New Jersey Personal Injury Attorney
Accidents involving drunk drivers can become complicated.
There may be multiple sources of evidence, insurance issues, medical questions, and legal deadlines to consider.
A personal injury attorney or reputable NJ car accident lawyer can investigate the accident, review police records, communicate with insurance companies, evaluate damages, and help determine the best way to pursue compensation.
Depending on the circumstances, an attorney may also investigate additional evidence such as surveillance footage, witness statements, accident reconstruction evidence, or records connected with the impaired driver. Conversely, the impaired driver will likely need to hire a DWI lawyer so this may become an extensive ordeal.
Injured By A Drunk Driver In New Jersey?
If your vehicle was hit by a drunk driver, your immediate focus should be on your safety and medical care.
Call 911, document the accident whenever possible, obtain witness information, report the crash, and keep records of your expenses and treatment.
You should also be cautious about accepting an early insurance settlement before you fully understand the extent of your injuries and financial losses.
H&S Law Group is located at 1719 NJ-10 Suite 224, Parsippany, NJ 07054. We are reputable personal injury attorneys in NJ and assists clients with personal injury matters across the state.
If you were injured in an accident caused by a suspected drunk driver, speaking with a New Jersey personal injury attorney can help you better understand your rights, your insurance options, and the steps available for pursuing compensation.
This article is for general informational purposes only and is not legal advice. Every accident and legal matter is different.