I Got Hit By A Drunk Driver. What Now?

Being involved in a car accident is stressful, but a collision caused by a drunk driver can have far more severe consequences. Victims often face physical injuries, emotional trauma, and financial burdens. If you have been hit by a drunk driver, it is crucial to understand what steps to take and the legal options available to you. Here is what to know if you have been in a car accident caused by a drunk driver.

What Should I Do Immediately After The Accident?

After a drunk driving accident, your first priority should be to make sure that you and others are safe. Move to a safe location away from traffic, check yourself and passengers for injuries, and seek medical attention even for minor symptoms, as hidden injuries like internal bleeding or concussions can worsen if untreated. Call 911 to have law enforcement and emergency responders assist with injuries, control traffic, and document the incident. Request a copy of the accident report, which may note the driver’s intoxication. Do not confront or interact with the inebriated driver.

You should also seek prompt medical attention immediately, regardless of whether you think you are badly injured or not. You could have a delayed injury from the car accident, and want to establish that you sought medical attention right away. This ensures that your injuries are properly documented, which ultimately strengthens your personal injury claim. Finally, consult with a personal injury attorney early on in the process to make sure that you have all the necessary documentation and file by the deadlines.

Understanding Your Legal Options

Drunk driving car accident cases differ from other car accident cases because they can result in two different types of action: civil and criminal. While both involve the same accident, they serve very different purposes. Car accident victims often misunderstand the purposes of these actions and what their role might be in either case.

Drunk drivers who cause car accidents, then, can face two different trials: a criminal trial and a civil trial. The outcomes of these trials might differ. Criminal cases require proof “beyond a reasonable doubt,” a much higher threshold, where the prosecutor must convince the judge or jury that the driver committed the offense with near certainty. Civil cases rely on a lower standard of proof known as a “preponderance of the evidence,” which means it must be more likely than not that the driver’s negligence caused the injuries. Because this standard is lower than in criminal cases, a driver can avoid a criminal conviction yet still be held liable in civil court. 

A criminal case is brought by the government, typically the state or local district attorney, against a driver accused of breaking the law. They are not brought by the injured person. In drunk driving cases, charges may include DUI, reckless driving, or vehicular assault if injuries occurred. The purpose of a criminal case is to punish the offender and protect public safety. The driver may face penalties including fines, license suspension, mandatory alcohol education programs, probation, jail time, and, in severe cases, felony charges. These criminal penalties, however, do not automatically provide compensation to the victim for medical expenses, lost wages, or pain and suffering. This is why someone injured in a drunk driving car accident will also have to file a civil case, even if the government files a criminal case and the person is found guilty.

A civil case is initiated by the victim or the victim’s family to seek monetary compensation for the harm caused by the accident. This usually takes the form of a personal injury lawsuit filed against the drunk driver, their insurance company, or both. You can start by filing a claim with the driver’s insurance company. If the driver is underinsured or uninsured, your own insurance policy may provide coverage. If the damages exceed the insurance limits or the insurer is uncooperative, you may pursue a personal injury lawsuit against the drunk driver. Additionally, because drunk driving is both intentional and reckless, courts may award punitive damages to punish the driver and deter similar behavior. 

Unlike criminal cases, the purpose of civil litigation is financial restitution rather than punishment. Compensation can include medical expenses, lost wages, property damage, rehabilitation costs, and emotional distress.

What Civil Car Accident Personal Injury Lawsuits Entail

The process typically begins with filing a complaint in the appropriate civil court. This document outlines the accident, the driver’s negligence, and the injuries or losses suffered. Once the complaint is filed, the defendant (the at-fault driver) is served and given the opportunity to respond.

Then, there is something called “discovery.” This is where both sides gather evidence. This can include police reports, medical records, witness statements, photos of the accident scene, and expert testimony. 

Oftentimes, attorneys will negotiate with insurance companies. Both sides are inclined to settle — that is, agree on an amount of damages in exchange for not going to trial — because this saves time and money. Many cases are resolved through settlements before reaching trial. Settlements can cover medical bills, lost wages, property damage, pain and suffering, and other related expenses. If a fair settlement isn’t reached, the case proceeds to trial, where a judge or jury determines liability and damages.

Personal injury lawsuits require proving negligence, which means the driver owed you a duty of care, breached that duty, and caused your injuries as a result. In the context of drunk driving, negligence can be easier to establish than in other cases because driving under the influence is a clear violation of the law and a reckless disregard for the safety of others. A drunk driver automatically breaches the duty of care owed to other road users by choosing to operate a vehicle while impaired. 

Reach Out to an Experienced Car Accident Attorney

If you have been injured by a drunk driver, it is important to contact an experienced car accident attorney. They can help you file a civil lawsuit to seek compensation for your injuries, lost wages, medical expenses, property damage, and emotional distress. An attorney can ensure that you receive the full compensation to which you are entitled.