The holidays are meant to be a time for celebration with family and friends. Unfortunately, this festive season also increases the likelihood of drunk driving accidents. Far too often, individuals get behind the wheel after consuming too much alcohol at holiday parties and gatherings, placing others on the road at risk of serious harm.
If you’ve been injured in a crash caused by an impaired driver, it’s crucial to hold them accountable for the damages you suffered. Taking the following steps in the wake of a crash will strengthen your personal injury claim and leave your attorney well-positioned to win the maximum compensation on your behalf:
1. Call 911 and Report the Accident
Your first priority should be to move your vehicle to a safe spot, away from traffic, if it’s possible to do so. Call 911 immediately to notify law enforcement and medical responders. The police will arrive at the scene to prepare an accident report. This report will document the at-fault driver’s impairment, help establish liability, and serve as key evidence when negotiating with the insurance company or at trial if a fair settlement can’t be reached.
2. Seek Medical Attention Immediately
Although it can be inconvenient during the busy holiday season, it’s critical to seek medical attention immediately after a drunk driving crash. Getting the care you need is important for your health, and it creates a record of your injuries for any legal claim you file. Even if you don’t think you’ve been badly hurt, remember that many injuries may not appear until days or weeks after the collision. A doctor can evaluate your condition to rule out any internal damage and prescribe a course of treatment to help prevent complications.
3. Gather Evidence at the Scene
Gather evidence at the scene of the crash if it is possible to do so safely. This can include photos of damage to the vehicles involved, skid marks on the road, and any injuries you sustained. Visual evidence can be helpful to demonstrate how the crash occurred. You should also obtain the names and contact information of any witnesses who saw the accident happen or observed the other vehicle driving erratically.
4. Notify Your Insurance Company
Most insurance companies require prompt reporting after a car accident, even if the crash was not your fault. Contact your insurer as soon as possible, in accordance with the terms of your policy. This enables the insurance company to begin its investigation and initiate the subrogation process.
5. Avoid Pitfalls That Could Harm Your Claim
After a holiday drunk driving accident, it’s vital to avoid any mistakes that could undermine your personal injury claim. Some common pitfalls can include providing recorded statements to the impaired driver’s insurance company, posting about the accident on social media, or settling your claim too quickly. An experienced personal injury attorney can help you avoid these missteps, protect your right to compensation, and assist you with navigating the legal process.
6. Continue Your Medical Treatment
It’s essential to continue your treatment plan until your doctor has determined you have reached maximum medical improvement. An insurance company seeking to low-ball your claim will use any gaps in care to raise doubts about the extent of your injuries. Keep detailed records of the economic damages you incurred in connection with the crash, including your medical expenses, lost wages, and out-of-pocket costs. You should also maintain a log detailing how your injuries have impacted your daily life to support your claims of non-economic damages, such as pain and suffering.
7. Understand All Potential Avenues of Recovery
The impaired driver may not be the only party legally responsible for your injuries. Depending on the facts of your case, other liable parties may include an establishment that overserved the driver, the owner of the vehicle, or even the driver’s employer if the accident occurred within the scope of the driver’s employment. Identifying all potentially liable parties can significantly expand your sources of monetary recovery and allow you to maximize your damages.
Contact an Experienced Arkansas Personal Injury Attorney
If you or a loved one were hurt in a drunk driving crash, hiring an experienced legal counsel is the most important step to protect your right to compensation. The personal injury attorneys at Caddell Reynolds Law Firm have a proven track record of wins against large insurance companies, and they are committed to helping drunk driving accident victims stand up against powerful insurance companies and obtain the compensation they need to rebuild their lives. Contact us to schedule a free consultation to learn how we can help.