If a Drunk Driver Hit You in a Car Accident, what should you do?
Drunk drivers cause thousands of car accidents in New York every year. In fact, drunk driving accidents involve a criminal investigation plus a high-stakes civil case. You must get medical help for injuries, be safe and collect evidence.
What immediate steps should you take at the accident scene?
- Call 911
Report immediately that you suspect a drunk driver caused the accident. Be specific. Tell the dispatcher if the other driver:
- Smelled of alcohol
- Had slurred speech
- Was stumbling
This alerts the officer who responds to the call to bring a breathalyzer and sobriety kit.
- Video the other driver’s conduct
If it’s safe, record your interactions with the driver using your cell phone. Any slurred speech or combative behavior captured on video can help with your case. However, be sure not to argue wi the other driver.
- Talk to witnesses
Gather names and phone numbers from people who saw the crash. If there are conflicting opinions between you and the other party about who caused the crash, this can help clear it up. In addition, it can help your attorney to gather information for defending your rights in the claim.
- Photograph evidence in their car
Look through the other driver’s car windows. If you see open bottles of alcohol, beer cans or prescription meds, take photos of them. Once a car is towed, this type of evidence could disappear.
In what way do drunk driver accidents differ from other car accidents?
- There are two types of damages victims can pursue in car accidents. The most common type are compensatory damages, which include payment for medical bills, lost wages, and future disability along with pain and suffering. In addition, with a drunk driving accident, you can often seek punitive damages. This compensation penalizes the driver for recklessness caused by intoxication. Seeking punitive damages can increase a case’s value far beyond what compensatory damages provide. See this recent NY case where punitive damages would be likely.
- Police evidence. The most crucial evidence gathered for drunk driving accidents are from breathalyzer tests and Field Sobriety Tests. They prove drunk driving occurred.
- Dram shop laws. If a bar or restaurant served the drunk driver, they also might be liable for damages, depending on the circumstances.
Why should you get legal help?
For one thing, a lawyer will advise you never to sign a “Release of All Claims” settlement. Often the other driver’s insurance company urges injured parties to sign off early—before you know the full extent of your injuries. If you sign such a release, even when the other driver was convicted of a felony DUI, you won’t be able to pursue damages.
Involve a lawyer in your case right away. Protect your rights. To arrange a free consultation, contact the Law Office of John Fazzini. Call us at (631) 547-8989 or reach out to us through our contact form.