Many accident victims are not aware they are injured because the shock and trauma of the crash can mask injury symptoms. It is always a good idea to have a complete physical after a car crash. Delays in medical treatment after an accident can hurt your ability to seek compensation from the intoxicated driver.
Insurance companies like to use delays in medical treatment as a reason to deny valid injury claims. If the insurance company denies your claim, you should seek immediate legal counsel from an experienced DUI accident lawyer. As you receive medical treatment for your injuries, you need to document your care and recovery. You should retain copies of all documents related to the medical care you receive related to the DUI crash. If you believe you are not receiving proper medical care, you may want to seek a second opinion.
Injuries from a DUI accident can cause life-threatening conditions and permanent impairments. If you continue to experience unexplained symptoms, seek medical advice from a trusted physician.
Other Steps to Take After an Accident Caused by an Impaired Driver Here are some additional steps and guidelines for dealing with an injury claim related to a drunk driving car accident: Do not discuss the accident online and avoid using social media until after you speak with a DUI accident lawyer. What you post online may be accessed by defense attorneys or the insurance provider for the other driver. An innocent post could be misconstrued and used against you during your personal injury case.
Avoid discussing the details of the accident, your injuries, and your recovery with anyone other than immediate family, physicians, and personal injury attorney. Do not provide a written or recorded statement to the insurance company or other party representing the drunk driver without consulting with an attorney.
Do not sign a medical release or authorization for the insurance adjuster for the other driver. Your attorney provides the necessary medical documents to the other party. Tell your DUI accident attorney about any previous accidents or injuries. Document your expenses and losses related to the crash and your injuries.
Keep a detailed accounting of how the injuries impact your daily life. What is your daily pain level? What activities are you unable to perform because of the injury? How many days have you missed from work?
Was it necessary to hire someone to help with household chores? Did you require personal assistance to care for yourself? Yes, you can sue the driver who caused the accident for punitive damages and to recover compensation for your injuries.
However, drunk driving cases are not easier to win because the driver was charged with a crime. You are still required to prove that the driver caused the crash to recover compensation for your injuries. For instance, did the other driver swerve into your lane, turn in front of you, or rear-end your vehicle?
The fact that the driver was intoxicated is evidence of negligence, but it is not the only evidence required to prove fault in an alcohol-impaired driving accident. Working with an experienced drunk driving accident lawyer is advised, especially if the insurance company for the drunk driver denies liability. Your attorney will work to identify fault and obtain evidence to prove liability. Some of the steps an attorney may take when preparing a personal injury claim include: Gather physical evidence from the accident scene, including photographs and videos.
Search for videos of the accident taken from traffic cameras, video surveillance cameras, etc. Retain an expert to inspect the damage to the vehicles and reconstruct how the accident occurred. Review medical records and discuss injuries with your physician.
Interview and depose eyewitnesses and the other driver. Review the police report or accident report, including talking to the police officer. Request copies of any criminal charges, the results of a BAC test, previous driving record, and follow the progress of the drunk driving charges against the driver.
Consult with financial and economic experts to determine the value of future damages. Obtain financial records to determine your loss of income because of the accident. Yes, insurance can cover drunk driving accidents, but the evidence of fault must be established. As mentioned above, in order to receive compensation from the insurance company for the intoxicated driver, you must prove fault and liability.
Approximately one in three traffic accident fatalities in the United States involves a drunk driver. Men died in drunk driving accidents at a rate of 3.
Women who had a rate of 1. The highest rate of death in drunk driving accidents across age demographics were people between the ages of 21 and 34, who died at a rate of 5.
Signs of an Impaired Driver Unless you saw the driver consume alcohol yourself, you may wonder if someone on the road is drunk or impaired. You may not want to falsely report a driver to the police, but in these situations, it is better to be safe than sorry. You could prevent injuries, property damage, and death. The Colorado State Patrol released a few tips on how to spot a drunk driver on the road.
NHTSA strongly supports the expansion of ignition interlocks as a proven technology that keeps drunk drivers from getting behind the wheel. Plan your safe ride home before you start the party, choose a non-drinking friend as a designated driver.
If someone you know has been drinking, do not let that person get behind the wheel. Take their keys and help them arrange a sober ride home. If you drink, do not drive for any reason. If you see an impaired driver on the road, contact local law enforcement. Our programs have consistently reduced alcohol-related crash fatalities. We will continue until there are zero drunk-driving crashes on our roadways.Do not sign a medical release or authorization for the insurance adjuster for the other driver. Moving very slow, very fast, or alternating between the two? One person dies in a DUI crash approximately every 28 minutes. Use Uber, Lyft, taxi cabs, buses, and other forms of public transportation after consuming alcohol. Was it necessary to hire someone to help with household chores? Take their keys and help them arrange a sober ride home.
An inebriated driver does not need to be operating a large commercial truck to cause catastrophic damage in a crash. Loss of income, including lost wages, salaries, commissions, bonuses, and other forms of compensation. Retain an expert to inspect the damage to the vehicles and reconstruct how the accident occurred. Yet it still continues to happen across the United States. Stop serving alcohol at gatherings a couple of hours before the end of the event. If you drink, do not drive for any reason.
You may face some fallout for reporting a relative's drunken driving, but not reporting it puts their life and the life of others in jeopardy. How many days have you missed from work? You may not want to falsely report a driver to the police, but in these situations, it is better to be safe than sorry. Loss of income, including lost wages, salaries, commissions, bonuses, and other forms of compensation. Should you report the drunk driver if you know the driver? Drunk Driving Facts Alcohol-impaired accidents can cause serious injuries and death.
Is it swerving? Walk-and-Turn Test The walk-and-turn test is a familiar roadside sobriety test used by officers.
If you see an intoxicated driver, slow down and call to report the incident. Do not provide a written or recorded statement to the insurance company or other party representing the drunk driver without consulting with an attorney. While there are cases in which health conditions or medications could cause a driver to fail a test when he or she is not impaired, the SFST is the method used during DUI stops to help officers decide whether to arrest the person for drunken driving. Yes, you can sue the driver who caused the accident for punitive damages and to recover compensation for your injuries. In such cases, you should call the non-emergency number for local law enforcement.
Find out more about driving the day after drinking alcohol Can I talk someone out of drink driving? Call Acadia Law Group at or use our online chat feature to obtain more information and request a free consultation with one of our personal injury lawyers.
Do not provide a written or recorded statement to the insurance company or other party representing the drunk driver without consulting with an attorney. Arrange for sober drivers to take guests home who have had too much to drink. Sometimes, you do not spot the driver on the road but notice someone preparing to drive after drinking alcohol. Yet, over 70, people are still caught doing it by the police every year. The fact that the driver was intoxicated is evidence of negligence, but it is not the only evidence required to prove fault in an alcohol-impaired driving accident. The vehicle will not start unless the driver blows into the interlock and has a BAC below a pre-set low limit, usually.
Let the operator know you want to report a suspected drunk driver. Contact us today to schedule a free consultation to explore your options. Always have plenty of food available during gatherings and consider serving coffee with desserts instead of alcohol. Depending on the DUI offense, the driver may be sentenced to days in jail, loss of driving privileges, mandatory use of an ignition interlock device, probation, and an alcohol abuse program. Motorcyclists in the to and the to age groups were at the top of the list for such crashes. An experienced DUI accident attorney uses the evidence and all relevant facts to maximize the amount of compensation you may receive for your claim.
Colorado roads are not exempt from accidents involving drunk driving deaths and injuries. If you are driving and witness someone driving impaired, you can use your cell phone to report the driver. Contact us today to schedule a free consultation to explore your options. Educating the public about the dangers of driving while impaired is one way to help reduce the number of people who are injured and killed each year by reckless individuals who drive after drinking. In addition, driving while impaired is also a crime in most states.
If you are hosting a party, hire an experienced bartender who has the training to recognize when someone is drunk.
Take their keys and help them arrange a sober ride home. If you know the driver, the first course of action would be to try to talk them out of driving or try to take their keys away until they sober up. If you noticed strange driving behaviors or other signs of intoxication, explain this to the officer. What activities are you unable to perform because of the injury? One person dies in a DUI crash approximately every 28 minutes.