Injured by a Drunk Driver?
Being involved in a crash is always a traumatic experience, but when it involves a driver under the influence (DWI), the situation can become even more complex and stressful. Knowing the correct steps to take immediately after a DWI crash can significantly impact the outcome of any legal proceedings and your ability to recover damages. This comprehensive guide will walk you through the crucial steps you need to take to protect yourself and your rights.
Ensure Safety and Seek Medical Attention
1. Check for Injuries: The first and foremost step is to check for injuries. Assess your condition and the condition of your passengers. If anyone is injured, call 911 immediately. Even if injuries seem minor, it’s essential to get medical attention as soon as possible. Some injuries may not be immediately apparent and could worsen over time.
2. Move to a Safe Location: If the accident is minor and your vehicle is drivable, move to the side of the road to avoid obstructing traffic and reduce the risk of further collisions. Turn on your hazard lights to alert other drivers.
Contact Authorities
3. Call the Police: It’s crucial to contact law enforcement after a DWI crash. The police will document the accident, assess the situation, and determine if the other driver is under the influence. The police report will be a vital piece of evidence if you need to file a claim or pursue legal action.
4. Cooperate with Law Enforcement: When the police arrive, provide them with accurate and detailed information about the accident. Avoid speculating or making assumptions about what happened. Stick to the facts as you know them. If the other driver is arrested for DWI, this will be documented in the police report.
Gather Evidence
5. Document the Scene: While waiting for the police to arrive, if it is safe to do so, document the accident scene. Use your smartphone to take pictures and videos of the vehicles, any visible injuries, skid marks, road conditions, and any other relevant details. This evidence can be crucial in supporting your case.
6. Collect Information: Exchange information with the other driver, including their name, contact details, driver’s license number, license plate number, and insurance information. If there are witnesses, ask for their contact information as well, as their testimony could be valuable.
7. Keep a Record: Take notes about the accident, including the time, date, weather conditions, and any statements made by the other driver. This information will help you recall details later when speaking with your attorney or insurance company.
Notify Your Insurance Company
8. Report the Accident: Contact your insurance company as soon as possible to report the accident. Provide them with the details and any evidence you have gathered. Be honest and thorough in your account of the incident. Your insurer will guide you through the next steps and help you understand your coverage.
9. Avoid Admitting Fault: When speaking with your insurance company or the other party’s insurer, avoid admitting fault or speculating about who was responsible for the accident. The investigation will determine liability, and premature statements could impact your claim.
Seek Legal Advice
10. Contact a Personal Injury Lawyer: Consulting with a personal injury lawyer experienced in DWI crash cases can be invaluable. A lawyer will help you navigate the complex legal landscape, ensure your rights are protected, and work towards securing the compensation you deserve. They can handle communications with insurance companies and represent you in court if necessary.
Medical Follow-Up and Documentation
11. Follow Up on Medical Treatment: Continue to monitor your health and follow up with medical appointments as needed. Document all treatments, medications, and any changes in your condition. Keep copies of medical bills and reports, as these will be important for your case.
12. Maintain a Journal: Keep a detailed journal of how your injuries affect your daily life. Document pain levels, emotional distress, and any limitations you experience. This personal account can be powerful evidence in demonstrating the impact of the accident on your life.
Understand Your Legal Rights
13. Know Your Compensation Rights: Victims of DWI crashes may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and property damage. Your lawyer will help you understand what compensation you may be eligible for and build a strong case to pursue it.
14. Stay Informed: Stay informed about your case by maintaining regular communication with your lawyer. Ask questions and seek clarification on any aspects you don’t understand. Being proactive can help ensure a smoother legal process.
Emotional and Psychological Support
15. Seek Counseling if Needed: A DWI crash can have significant emotional and psychological impacts. Don’t hesitate to seek counseling or support groups to help you cope with the trauma. Taking care of your mental health is just as important as addressing physical injuries.
16. Lean on Your Support Network: Surround yourself with supportive family and friends who can provide emotional assistance and practical help as you recover. Leaning on your support network can make a significant difference during this challenging time.
Prepare for Legal Proceedings
17. Be Patient: Legal processes can take time, especially in cases involving DWI. Be patient and trust your lawyer to handle the complexities of the case. Avoid settling too quickly without understanding the full extent of your damages and future needs.
18. Attend All Appointments: Show up for all scheduled appointments, whether with your lawyer, medical professionals, or court hearings. Being diligent and responsible will reflect positively on your case.
Protect Your Legal Interests
19. Avoid Social Media: Be cautious about what you post on social media. Any statements or photos could be used against you in your case. It’s best to avoid discussing the accident or your injuries online.
20. Follow Legal Advice: Listen to and follow the advice of your legal counsel. They have the experience and expertise to guide you through the process and help you achieve the best possible outcome.
Steps to Protect Your Rights and Heal
Experiencing a DWI crash is undoubtedly distressing, but taking the right steps immediately after the accident can help protect your rights and improve your chances of receiving fair compensation. Ensure safety first, gather evidence, seek legal advice, and take care of your physical and emotional health. By following these steps, you can navigate the aftermath of a DWI crash with greater confidence and security.
If you or a loved one has been involved in a DWI crash, don’t hesitate to contact Steven C. Lee and Associates. Our experienced team is dedicated to helping victims recover every penny they are owed for their injuries, including damages and pain and suffering. We are here to support you every step of the way. Call us today for a free consultation and let us fight for your rights.
Steven C. Lee is a personal injury lawyer in Austin, Texas specializing in truck accidents, car accidents, bicycle accidents, drunk driving accidents, motorcycle accidents, construction site accidents and wrongful death cases.
Steven C. Lee is a member of the Texas Bar, Top 100 Trial Lawyers, Texas Trial Lawyers Association and a member of the BBB in Austin, TX. You can view Steven C. Lee’s LinkedIn Profile here.
