You may not be aware of this, but the outcome of a future personal injury claim often starts right after the crash. What you do or don’t do in those critical moments is essential for the success of your claim.
Here are a few things you must do the moment you get out of your car, if, of course, you do not require emergency medical attention.
Check the other driver’s car
In most cases, it is easy to spot a drunk guy. His eyes may be glassy, his speech slurred and his movements uncoordinated. If you realize the guy that hit you was intoxicated, you want to gather as much evidence as you can.
Watch if the driver hurriedly removes suspicious containers from the car, throws them in a ditch, or moves them to the truck. If a drunk driver had an open alcohol container in the car that can be used as an aggravating circumstance.
Also, have a look if there are bottles or discarded beer cans inside the car and grab a few pictures if you can.
You shouldn’t confront a drunk driver, though, as he may become aggressive.
Call the police
In all states, you must call the local police or the Highway Patrol if the crash resulted in injury, death, or significant property damage. When the police show up, make sure to mention your suspicion the driver is drunk and point out if they removed anything from the car.
You will need the police report when you file a personal injury claim. Your lawyers will want to know how high was the other guy’s Blood Alcohol Content (BAC) as this will influence the jury’s decision on the damages you are entitled to.
Get contact info of all the witnesses
When a driver is charged with DUI, the most common type of defense is to challenge the very fact that they were intoxicated. They may contradict the police officer’s findings or claim that the breathalyzer test results were wrong. This can help them in a criminal trial where the prosecution must prove the charges beyond any reasonable doubt. However, in a civil case, the burden of proof is lower. All you need is a preponderance of evidence to support your claim. This is where witness testimony may come in handy so make sure to get their names and contact info.
Keep your mouth shut
Everything you say can and will be used against you. If you admit to the slightest traffic rule violation or say you’re sorry, the insurance adjuster will use it as proof that you were partly to blame. This way they can reduce your damages under the comparative negligence rule. Also, in the handful of states following the contributory negligence rule, you may lose your right to recover any damages if you are found partially to blame for the crash.
See a doctor as soon as possible
When you file a claim, your drunk driving accident lawyers will need to prove that your injuries were directly caused by the crash. Go to the ER or see your family physician within 24 hours if possible. Tell them about the accident, show them where it hurts and let them perform whatever tests they deem necessary. You will need medical records showing you were injured in the crash. Otherwise, an insurance adjuster may claim your health issues have nothing to do with the crash.
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