Experiencing a major car accident is one of the scariest things that can happen to you on the road. It is bad enough when you have to be hospitalized for your injuries, or your car is totaled. But learning that the crash was actually a drunk driving accident can add another level of anger and confusion to the chaos of recovery.
Drunk driving is one of the most vilified actions a motorist can be convicted of, for good reason. Putting other people’s lives at risk for the sake of a few drinks is universally condemned in this day and age. If you have been the victim of a drunk driver, you will likely be able to collect damages based on that driver’s negligence.
Although it can be difficult to keep your wits about you after an accident, here are some tips to commit to memory should you ever experience this situation. (Read here for more information about what to do directly following a car accident. )
Immediately Following a Drunk Driving Accident
- Stay Calm and Check on Everyone: Regardless of the type of accident, it is important to try to stay as calm as possible. Make sure you and your passengers are not hurt, and call 9-1-1 regardless of how you feel. The first moments after an accident are not to assign blame, but to ensure that everyone is safe or gets the medical care they need. Try not to move anyone who is injured, but instead wait for the medical professionals to assess their condition. If the other driver is drunk and belligerent, steer clear of speaking with them or causing an altercation. Keep your nerves calm, and if you can, use the time to note damage to your vehicle, and taking photos of the scene if possible. tell the police your version of events, and if you suspect the other driver of being drunk, and cooperate if they ask to test you both for intoxication. The more cooperative you are, the easier it will be to establish the drunk driver was solely (or primarily) at fault for the accident.
- Don’t Leave the Scene, Call for EMS and Police: You should never leave the scene of an automobile accident until the police arrive and take your statement. It is also imperative that you are checked at the scene by medical professionals. The adrenaline which is released in your body after a traumatic event can mask pain, so even though you feel fine, you may have an injury which needs attention. Waiting too long to treat your injuries may result in an inability to correlate the injury and the accident in a court of law.
- Move Your Vehicles if Possible: Most jurisdictions stipulate that vehicles should be moved off to th shoulder of the road while awaiting emergency personnel if possible. If there are serious injuries or fatalities on scene, leave the cars here they are; if no one is seriously hurt, move the cars our of traffic. If the drunk driver’s car is to be moved, it should be driven by another party or by emergency personnel. Under no circumstances should the drunk driver get back behind the wheel of the car.
- Contact an Attorney: In the case of any accident, calling an attorney to protect your rights is a smart move. However, it is especially important to call an attorney if you were the victim of a drunk driving accident. The amount of time which elapses between the accident and their investigation can make a world of difference in your ability to recover your full potential compensation. The more rapidly they get on the case the more easily the evidence can be collected and the more accurate the witness statements.
- Collect Contact Information From Any Witnesses: As the victim of a drunk driving accident, you’ll have to defend your assertion that the other party was negligent and that you are not at fault. you’ll therefore want to have as much evidence which supports your account of the accident as possible. Collecting witness information will provide you additional information you may need to present your case. For instance, you have a much better case against a drunk driver if multiple witnesses saw them weaving or swerving just before the accident. Keep your interactions with any other parties to the accident at a minimum, however. Even a simple “I’m sorry” may be construed as an admission of guilt. Video footage of the other driver, if visibly impaired, may also help you in your claim or lawsuit.
If you need an experienced car accident attorney after a Sarasota or Tampa drunk driving accident, call Probinsky & Cole. We’ll help you to sort through the details and present your strongest case.