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Hit by a Drunk Driver? Here’s What to Do Next

If you or a loved one has recently been in a DUI accident, it probably felt both terrifying and overwhelming at the same time. Not only is it normal to experience shock and confusion in the moment, but it can be hard to know which steps you should take to help with both physical and financial recovery.

While every situation is unique, there are a few things that you should always do after a DUI accident. The decisions you make will impact your healing and your future. In this article, we’re going to share some of the best practices you should follow to help you understand your legal rights.

Remember: you aren’t alone after being hit by a drunk driver. In addition to seeking medical care, you can also find legal support by consulting with a DUI accident lawyer.

First Steps: Immediately After a DUI Accident

In the minutes after the accident, there is a lot happening at the scene. Your safety is the highest priority. So, if possible, move to a safer location so you are off the road. If medical attention is necessary, then call for emergency services right away.

The police need to be notified so that you can report the accident. Even if no one seems to be injured, you still need to make sure that the police report is filed. It’s essential that you have an official record if you decide to pursue legal action.

If possible, look for ways that you can gather evidence. Use your phone to take photos and videos of the accident scene. Capture details about the damage to the vehicles as well as any visible injuries that occurred. It’s also smart to collect contact information from everyone involved in the accident, as well as any witnesses who might have been there when it happened. Don’t forget to collect insurance information from the other drivers.

Seek Medical Attention Immediately

If you have serious drunk driver accident injuries, then it’s obvious that you need emergency medical services. But even if your injuries seem minor, you should still visit with a medical provider. Getting a medical evaluation needs to happen to document everything.

Keep in mind that some accident injuries don’t show up immediately – it might take a few days or even a few weeks before you start experiencing related pain and symptoms.

Depending on the severity of your injuries, your doctor might recommend follow-up treatments or check-ups. Stay consistent with these recommended appointments to ensure that all of the information is being placed in your medical file. These follow-up visits can be used to help prove the severity of your injuries.

Be Careful About What You Say

It’s normal to want to talk about the accident after it happens. But you need to be careful about the things you are saying. Never admit fault. Don’t apologize or say anything. The things that you say could be used against you in the case. So, it’s best to consult with your personal injury lawyer after DUI accident to know the best way to proceed.

Not only do you need to be careful what you say at the accident scene, but also use caution if you are contacted by an insurance representative. The insurance company is looking for ways to reduce the amount of money they will need to pay for the accident. When you are hit by a drunk driver in McKinney, Texas, it’s best to let your lawyer handle the communication with the insurance company.

Document Everything

You will have a lot of different bills, medical records, insurance paperwork, and other pieces of evidence coming through email and the postal service. Keep records of everything that you receive. If there is any expense related to the accident, then add this cost to your file.

These detailed records will help you to receive fair compensation for the drunk driving accident. A good lawyer can help with the organization of evidence. For example, your DUI accident lawyer in McKinney, Texas might ask you to simply forward all of the documentation to their team. They will take care of building the case to show liability as well as the amount of compensation you should receive.

Knowing Your Legal Rights After a DUI Accident

Whether the person stayed on the scene or you are a victim of a hit and run DUI, you have legal rights for compensation. You may be entitled to money for different reasons, including

  • Medical Expenses
  • Property Damage
  • Lost Wages
  • Pain and Suffering

You need to understand that there is a difference between the criminal charges for the drunk driver’s mistakes vs. the civil lawsuit you can choose to file for your injuries and compensation.

There is a time limit for filing your claim, known as the statute of limitations. Don’t procrastinate this filing because you could lose available benefits if you wait too long. Your attorney can guide you in the best way to build a case and ensure that you are staying within the proper timeline.

Most people don’t understand the legal system, which is why it’s important to seek support from an accident attorney. Our legal team can guide you in making decisions to ensure that you don’t miss out on potential compensation.


What to do after a drunk driving accident?

Get to safety, then call 911 immediately. Seek medical attention, document the scene, collect information from the witnesses, and reach out to an experienced DUI accident attorney as soon as possible.

Can I sue a drunk driver even if they don’t have criminal charges?

Yes, you can choose to file a civil lawsuit, regardless of whether they were charged criminally. You will need to build a case showing the driver’s negligence and liability for your injuries.

What if the drunk driver doesn’t have insurance?

If the driver at fault doesn’t have insurance or they are underinsured, then talk to your attorney about other options. You might be able to receive compensation through your own insurance policy.

Call the Personal Injury Experts

Wormington & Bollinger is here to help you access the compensation you deserve. For more information, contact us to discuss your case.