What Should I Do If Rear-Ended by a Drunk Driver?

Question from Bh, What Should I Do If Rear-Ended by a Drunk Driver?

Answer from AI:

Being involved in a car accident can be a traumatic experience, especially if the other driver was under the influence of alcohol. If you’ve been rear-ended by a drunk driver in the United States, there are specific steps you should take to protect your rights and ensure your safety. It’s important to understand the general legal framework and actions to consider in such situations. Remember, while this guide provides a general overview, consulting with a legal professional for personalized advice is always recommended.

Immediate Steps to Take

1. Ensure Safety: First, make sure you and anyone else involved are safe. Move to a safe location if possible, without leaving the scene of the accident.
2. Call 911: Report the accident to the police immediately. This is especially important if there are injuries or if the other driver is intoxicated. The police report will be crucial for insurance claims and any legal actions.
3. Seek Medical Attention: Even if you don’t think you’re injured, it’s important to get checked by a medical professional. Some injuries may not be immediately apparent.
4. Gather Evidence: If you’re able, take photos of the scene, the vehicles involved, and any visible injuries. Collect contact information from witnesses and the other driver. Note the other driver’s license plate, make and model of their vehicle, and insurance information.
5. Do Not Admit Fault: Be careful not to admit fault at the scene. Statements made can be used against you later.

Legal Considerations

Being hit by a drunk driver adds a layer of complexity to your case. Drunk driving is a criminal offense in all states, and the driver may face criminal charges. However, you may also have a civil claim for damages caused by the accident. Here are some legal aspects to consider:

• Personal Injury Claims: You may be entitled to compensation for medical bills, lost wages, and pain and suffering. In some states, you might also be eligible for punitive damages, which are intended to punish the drunk driver for their reckless behavior.
• Insurance Claims: Report the accident to your insurance company. Depending on your policy and the state laws, you may receive coverage for damages and medical expenses through your insurance or the at-fault driver’s insurance.
• DUI Laws: Familiarize yourself with your state’s DUI laws. While the criminal case against the drunk driver is separate, the outcome can impact your civil claim.

Seeking Legal Advice

Given the complexities involved in accidents with drunk drivers, consulting with a personal injury attorney can be beneficial. An attorney can help you:

• Navigate the legal system and understand your rights.
• Assess the full extent of your damages and build a strong case for compensation.
• Deal with insurance companies and ensure you receive fair treatment.
• Represent you in court, if necessary.

Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning they only get paid if you win your case.

Additional Resources

For more information on what to do after a car accident and understanding your rights, you can visit the National Highway Traffic Safety Administration (NHTSA) website. Additionally, the Insurance Information Institute provides resources on insurance claims and coverage.

Remember, each case is unique, and laws vary by state. It’s important to seek personalized legal advice to understand your specific situation and options.