What to Do If You’re Hit by a Drunk Driver: Legal Steps Every Victim Should Take
Getting into a car accident is terrifying. But when you realize the crash was caused by a drunk driver, the fear often turns into anger, frustration, and confusion. Drunk driving accidents are not just reckless — they’re preventable. And for victims, the path to justice and recovery can feel overwhelming.
If you or a loved one has been hit by a drunk driver, knowing what to do next can make a major difference in your physical, emotional, and financial recovery. Below are the key steps every victim should take to protect their rights and hold the responsible party accountable.
1. Call 9-1-1 Immediately
The first and most important step is to call 9-1-1 right away. Request police and medical assistance — even if you believe your injuries are minor.
When law enforcement arrives, they can:
- Assess the accident scene
- Conduct sobriety tests on the other driver
- Arrest the driver if they're intoxicated
- File an official accident report
This report will be crucial evidence in any future legal claim or lawsuit. It’s your first layer of documentation showing that the other driver was under the influence.
2. Seek Medical Attention (Even If You Feel Fine)
Adrenaline can mask pain. You might feel “okay” after the crash but still have serious internal injuries or delayed symptoms, such as:
- Concussions
- Whiplash
- Soft tissue injuries
- Psychological trauma (like PTSD)
Getting prompt medical care ensures your injuries are documented, which is essential for any legal case or insurance claim. Follow all medical advice and keep a record of every appointment, diagnosis, prescription, and expense.
3. Document the Scene (If You’re Able)
If you’re physically able and it’s safe to do so, gather as much evidence at the scene as possible:
- Take photos and videos of vehicle damage, skid marks, traffic signs, and injuries.
- Get the drunk driver’s information (license, insurance, license plate).
- Collect contact info from witnesses, who may be crucial in proving the driver’s impairment.
The more evidence you gather, the stronger your case will be.
4. Do Not Speak to the Drunk Driver’s Insurance Company
You may receive a call from the drunk driver’s insurance company within days of the accident. They may seem sympathetic, but their goal is to limit how much they pay you.
You’re not required to give them a statement, and you shouldn’t without speaking to a lawyer first. Insurance adjusters may twist your words, downplay your injuries, or offer a lowball settlement before you know the full extent of your damages.
5. Contact a Car Accident Lawyer Who Handles Drunk Driving Cases
Victims of drunk driving accidents often face unique legal challenges. Unlike typical car accidents, DUI-related crashes can involve:
- Criminal proceedings against the driver
- Punitive damages
- Dram shop liability (holding a bar or restaurant partially responsible)
A leading auto accident attorney can:
- Investigate the crash and gather evidence
- Handle all communication with insurers
- Determine all potential sources of compensation
- Help you recover damages for medical bills, lost wages, pain and suffering, and more
Many personal injury lawyers offer free consultations and work on a contingency fee basis — meaning you pay nothing unless they win your case.
6. Understand the Types of Compensation You May Be Entitled To
If you were hit by a drunk driver, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages if you missed work
- Pain and suffering
- Property damage
- Emotional distress
- Punitive damages (to punish the drunk driver)
In some states, you may also have a claim against the establishment that served the driver alcohol, especially if they were visibly intoxicated. This is known as Dram Shop Liability and can provide an additional path to compensation.
7. Track Everything
Start a folder (digital or physical) for every document related to your case:
- Medical records and receipts
- Insurance letters
- Police reports
- Witness statements
- Photos and videos
- Journal entries about your pain, recovery, or missed life events
A well-documented case is far more compelling and gives your attorney the tools they need to fight for maximum compensation.
8. Be Patient — But Don’t Wait Too Long
Legal cases involving drunk drivers can take time, especially if there’s a criminal trial. However, you don’t want to wait too long to take action. Every state has a statute of limitations for personal injury claims — often between 1 and 3 years.
Speak to a lawyer as soon as possible to avoid missing your window to file.
Getting hit by a drunk driver is one of the most senseless and devastating experiences a person can go through. But you don’t have to go through it alone. By taking the right legal steps early on, you can protect yourself, hold the drunk driver accountable, and get the support you need to move forward.
If you or someone you love has been injured in a crash caused by a drunk driver, don’t wait. Roden Law in Charleston is ready to help you explore your options.
