Every year, negligent drivers cause numerous motor vehicle accidents, many of which involve individuals under the influence of alcohol or other substances. If you’ve been hit by a drunk driver, you may have questions about the claims process and the steps to take next.
While the criminal justice system handles the at-fault driver’s legal consequences, it does not automatically provide financial compensation for medical bills, property damage, or other losses. Consulting a car accident lawyer or personal injury attorney can help you understand your legal rights and options.
Victims of drunk driving accidents often have the right to pursue a first-party claim through their own insurance policy or a third-party claim against the at-fault driver’s policy. If you were hit by a drunk driver, follow these steps outlined by Liggett Law Group, a trusted law firm, to secure the compensation you deserve.
Whether you’re dealing with a DUI or DWI case, having an experienced attorney by your side can make a significant difference.
Immediate Steps After Your Accident
The most critical step after an auto accident is to seek medical care. If you’ve suffered bodily injury, have someone call 911 immediately to report the accident and request emergency medical assistance.
Even if you don’t feel injured, visit a healthcare provider within 72 hours to rule out hidden injuries that may require long-term treatment. This step is essential for building a strong injury claim.
Seeking medical attention promptly helps establish a direct connection between your injuries and the car crash, which is crucial when filing an insurance claim. Failing to seek medical care may allow the at-fault driver’s insurer to argue that your injuries were not caused by the accident, potentially jeopardizing your personal injury case or any civil lawsuit.
If you don’t require emergency transport, call 911 yourself to report the accident.
Do not rely on the intoxicated driver to do so, even if they claim they’ve already contacted authorities. This is especially important in drunk driving cases, where evidence of impairment can strengthen your claim.
Gathering Evidence at the Scene
If you’re physically able, document as much information as possible about the car accident.
Take photos of both vehicles, any visible injuries, and the surrounding area, including traffic signs, signals, and skid marks. Write down the other driver’s license plate number, car make, model, and color. If the impaired driver appears intoxicated, capture video or photographic evidence, as this can support your personal injury protection claim.
Exchange personal and insurance information with the at-fault driver, but avoid making statements that could be interpreted as admitting fault. If there are witnesses, collect their contact information, as their testimony could be valuable for pursuing bodily injury liability coverage or third-party insurance claims. This evidence can be critical in a civil case or wrongful death claim if a loved one was involved.
The Role of Law Enforcement
When law enforcement arrives, they will conduct a thorough investigation and create an accident report detailing the time, location, vehicle positions, and witness statements. If officers suspect intoxication, they may administer standardized field sobriety tests (SFSTs), such as the horizontal gaze nystagmus (HGN) test, walk-and-turn test, and one-leg stand test. These assessments help determine if the driver is under the influence and provide crucial evidence for your third-party liability insurance claim.
If the driver fails these tests, officers may administer a breathalyzer test or request a blood test to measure their blood alcohol concentration (BAC). In Texas, drivers under 21 with any detectable amount of alcohol are subject to penalties under the state’s zero-tolerance policy. For drivers over 21, the legal BAC limit is 0.08%. However, even if their BAC is below the legal limit, they can still be deemed too impaired to drive safely. This evidence can be pivotal in drunk driving accident lawyer cases or dram shop claims.
Legal Options for Compensation
Contact a personal injury lawyer specializing in car accident claims as soon as possible. The attorneys at Liggett Law Group, a reputable law firm, have extensive experience handling drunk driving cases. They can help you navigate the complexities of filing an insurance claim or pursuing a personal injury lawsuit.
Filing an Insurance Claim
Most injury victims of drunk driving accidents begin by filing a first-party claim under their own insurance policy or a third-party claim against the at-fault driver’s insurance. Texas is an at-fault state, meaning the responsible driver is liable for covering medical expenses and other damages. Proving negligence requires solid evidence, including police reports, witness statements, and medical records. An experienced attorney can help gather this evidence and build a strong accident case.
If the at-fault driver’s insurance company offers a settlement, proceed with caution. Initial offers are often lower than what you deserve. A skilled car accident attorney can negotiate with the insurer to secure a fair settlement covering medical treatment, lost wages, and pain and suffering. In some cases, you may also be eligible for punitive damages, especially if the driver’s actions were particularly reckless.
Filing a Personal Injury Lawsuit
If settlement negotiations fail, filing a car accident lawsuit may be the best course of action. This legal approach is particularly beneficial if the at-fault driver’s insurance coverage is insufficient to cover medical bills and other damages. It also helps if you have substantial non-economic damages, such as pain and suffering, which are not fully covered by most insurance policies.
In Texas, drivers must carry a minimum of $30,000 in bodily injury liability coverage per person. However, this amount may not be enough, especially in cases involving severe injuries or wrongful death. A civil lawsuit can help recover additional compensation beyond the at-fault driver’s insurance limits. Be mindful of the statute of limitations, which sets a deadline for filing your claim.
Additional Considerations When Pursuing a Claim
Understanding the full scope of your insurance coverage is essential. If the at-fault driver lacks sufficient insurance or is uninsured, you may need to rely on uninsured/underinsured motorist (UM/UIM) coverage within your own policy. This type of coverage helps compensate for damages exceeding the at-fault driver’s third-party liability insurance limits. Additionally, consider medical payments (MedPay) coverage or personal injury protection (PIP) to help cover medical bills, regardless of fault.
Legal advice from a qualified personal injury attorney can help you navigate these complex insurance coverages and maximize your compensation. Your lawyer can also identify potential exclusions in the at-fault driver’s policy and assist in filing bad-faith claims against uncooperative insurance companies. If you’ve lost a family member in a drunk driving accident, a wrongful death claim may also be an option.
Seeking Justice and Financial Recovery – Contact Us Today for a Free Consultation
If you’ve been injured in a car accident caused by a drunk driver, you have legal options to pursue compensation for your losses. Liggett Law Group, a dedicated law firm, helps injury victims navigate the legal process and obtain the financial recovery they deserve. Protect your legal rights and secure your future by contacting us as soon as possible after your accident. Our team specializes in drunk driving cases and provides the legal representation needed to hold the intoxicated driver accountable.
Our team is here to answer your questions and provide the legal support you need. Schedule a free case evaluation with Liggett Law Group to discuss your case and explore your options for compensation. Call our phone number to speak with an experienced attorney who can guide you through the process. We will stand by your side every step of the way to ensure the best possible outcome. Remember, time is of the essence due to the statute of limitations, so don’t delay in taking legal action.