There are situations when you can be involved in an accident due to a drunk driver. Even if it’s not your fault, you are still a part of the accident, and you have to figure out how to handle the situation the best way possible. What should you do, what actions do you need to take, and how can you solve this problem?
Call 911
Before you go any further, you need to call the police as quickly as possible. Since drunk driving is a criminal offence, it’s imperative for you to receive a copy of the police report. That will help immensely in the case of a trial, so keep that in mind. You should let the dispatcher know if the drunk driver appears intoxicated. The police will perform tests on-site, arrest the driver if necessary, and they will document the entire process via a report.
Receive medical attention
Sometimes, due to the adrenaline rush, you won’t feel any of the pain or concussions. Plus, things like internal trauma, concussions or whiplash will not show symptoms right away. It helps if you seek medical care right away, and all of those should be recorded as well. Those medical records, just like the police report, can prove to be extremely important in the case of a personal injury claim.
Additionally, you want to collect as much evidence as you can. Take photos and videos of the vehicle, road conditions, and anything relevant. It also helps if you take any contact info from witnesses. They might confirm the other driver was drunk, which could help your case. Exchanging info with the other driver is also very important. However, you should avoid confronting them about driving drunk.
Request the police report
Since the police report can have crucial information related to this situation, you want to have a copy of it. Usually, the report has everything from arrest details to BAC or sobriety tests, the officer’s observations on-site and lots of other useful information.
Filing the insurance claim
In this situation, you usually have two options. You either go for the drunk driver’s insurance, in which case the liability coverage should pay for lost wages, property damage and medical bills. However, you can also use your own insurance. Sometimes, the drunk drivers are either underinsured or they lack insurance. In that case, opting for your own insurance is the right way to go.
Filing a personal injury lawsuit
Of course, there’s also the option to file a personal injury lawsuit, if you suffered significant damages. Hiring a Greenville car accident lawyer is the right approach here, because the attorney can help you gather and manage all the evidence, create a case and ensure you receive adequate compensation. When you file a lawsuit, it’s extremely important to make sure you follow the right procedure and present all the evidence. Without a lawyer, it can be very easy to make mistakes.
Is there a difference between a civil and criminal case?
The state can press criminal charges against the drunk driver, in the form of reckless driving or DUI. But you can also file a civil lawsuit against the driver, so you can receive financial compensation. If you win that lawsuit, the drunk driver will need to compensate you for any lost income, medical expenses, emotional distress and many others.
It’s imperative to hire a good car accident attorney that will help you tackle all aspects related to this case. The lawyer will assist with many things, ranging from the insurance negotiations to calculating damages and proving liability, not to mention they will help you secure maximum compensation. And, of course, the attorney will represent you in court, if necessary.
Act quickly!
The thing to note about dealing with any personal injury lawsuit is that these things have a statute of limitations. You have up to 2-3 years to file a personal injury lawsuit, depending on the state at hand. If you delay this process, you can lose your right to compensation, and that’s something you want to avoid. Make sure that you talk with your attorney, gather all the evidence and file the lawsuit as quickly as possible. If you wait for too long, you might not have the option to file a lawsuit anymore.
Conclusion
Working with a Greenville car accident lawyer is extremely important and it can help you tackle any accident with ease. That being said, dealing with a drunk driver can start complicating things, especially if you’re alone. In these situations, having a lawyer is extremely important, since they can offer you advice and assistance about the steps you should pursue. Not only is it very important to have an attorney’s guidance, but you also need to know what not to do when dealing with a drunk driver. Avoid accepting any cash on-site, don’t argue with them, and ensure you receive medical help as quickly as possible!
