Getting hit by a drunk driver is not just car accident. It is collision with someone else’s reckless choice and it can flip your life upside down in seconds. You are left with injuries, confusion and flood of questions.
Victims often face more than physical pain. There is emotional shock, medical bills piling up, and stress of dealing with insurance companies that do not always play fair and if you’re thinking, “I was hit by a drunk driver, what do I do now?”, thousands of people ask that same question every year.
This guide breaks down what to do after being hit by a drunk driver, step by step. From documenting the scene to understanding your legal rights, you will learn about everything.
Immediate Steps to Take After the Accident
If you have just been hit by a drunk driver, it can send you into an immediate shock of incident with your brain racing and your body injured. Here is what to do in those first few minutes that matter most.
A. Ensure Safety First
Before anything else, check yourself and other passengers for injuries. Call 911 immediately. Do not think you are fine just because it feels so. If your car is in traffic, pull over and turn on your hazard lights. If it is not safe to move, stay put and wait for help.
B. Call Law Enforcement
Say it clearly – ‘I was hit by a drunk driver.’ That phrase matters. When officers arrive, they will assess scene, conduct sobriety tests and file report that would be important later. Do not skip this step, even if other driver is cooperative. Police report is your official record and it is often backbone of any legal or insurance claim.
C. Document the Scene
Grab your phone and start taking photos of:
- Your vehicle
- Other vehicle
- The road
- Any skid marks
- Your injuries
If there are witnesses, ask for their contact information. If other driver is slurring, stumbling or smells like alcohol, jot that down. These details can fade fast so capture them while they are fresh.
D. Avoid Confrontation
You are angry. That is normal. But do not let it turn into verbal fight. Stay calm and keep your distance. Do not engage beyond exchanging basic information. If other driver is tries to leave, let police handle it.
E. Seek Medical Attention
If you have been injured from a drunk driver, do not wait for symptoms to show up before seeing doctor. You might feel fine now but that does not mean your body is in clear. Getting checked out right away does two things:
- First, it protects your health. Trained medical professional can spot issues you might miss like concussion, soft tissue damage or internal bleeding.
- Second, it creates paper trail. That medical record becomes proof that your injuries came from crash, not something else.
Even if the drunk driver seemed obviously at fault, insurance companies will look for gaps in your story. Clean, consistent medical record helps shut that down fast.
F. Notify Your Insurance Company
If you are wondering what to do when hit by a drunk driver, one of first calls you will need to make after police and medical help arrives is to your insurance company. Start with basics and report the accident quickly. Most insurers want to hear from you within 24 to 72 hours. Give them time, location and police report number.
Stick to facts and share what you saw and experienced. But avoid guessing or assigning blame. Let the investigation handle that. Also, ask about your coverage; you may find yourself questioning does auto insurance cover DUI accidents when seeking compensation for your damages. If the drunk driver is uninsured or underinsured, your own policy can kick in.
Legal Rights and Options for Victims
If you’re wondering what rights you have and what steps to take in drunk driving case, here is the breakdown.
A. Understanding Liability
When someone chooses to drive drunk, they are committing criminal offense. That means they can face DUI charges, license suspension, fines and even jail time. But criminal penalties don’t cover your losses. You still have right to pursue civil claim for the damage they caused.
B. Filing Personal Injury Claim
If you have been injured, you can file personal injury claim to recover:
- Medical expenses (hospital bills, rehab, prescriptions)
- Lost wages (missed work, reduced earning capacity)
- Pain and suffering (physical and emotional impact)
An experienced drunk driving accident lawyer can help you build a strong case and negotiate with insurance companies that often try to lowball victims.
C. Uninsured or Underinsured Drivers
If drunk driver does not have insurance or not enough to cover your damages, you still have options. Your own uninsured or underinsured motorist coverage may apply. It is designed for exactly this situation. You will need to file claim through your provider and show that other driver lacked adequate coverage.
D. Wrongful Death Claims
If a loved one was lost in drunk driving crash, you can file wrongful death claim. This covers funeral costs, lost income and emotional pain. It’s not just about money but accountability. A trusted attorney can guide you through the process and help honor your loved one’s memory with action.
Conclusion
If you have been hit by a drunk driver, the steps you take next can shape everything. Start with safety, call 911, get medical help, and document the scene. Report the crash to your insurance but be careful what you say. Keep records of your injuries, expenses and conversations and don’t wait to ask about your legal rights.
