What are the Legal Steps for Filing a Claim After a Drunk Driving Accident?

Have You Been Hit By a Drunk Driver?

Nothing can ruin a day more than getting into a car accident. Whether you are on your way to work, picking up your kids, or finally on your way home after a long day, there are no convenient times to get into a wreck. But when you discover that the person who hit you was under the influence?

When you are involved in a car accident with a drunk driver, you may think it is going to be an open-and-shut case; they were breaking the law, and they injured you and damaged your vehicle, simply enough, right? That is not always the case. You will still have plenty of legal hurdles to clear, and you may even be put into a position where you have to defend yourself!

You don’t have to take on this stressful situation alone. Don’t assume the case will immediately go in your favor just because the other driver was under the influence. Idrizi Law Group is here to help make things right. Find out what you should do after you are involved in a drunk driving accident.

What are Florida’s DUI Laws?

Under Florida law, driving under the influence (DUI) occurs when a person operates a vehicle while under the influence of alcohol, chemical substances, or controlled substances. If a driver is found to be operating their vehicle with a blood-alcohol content (BAC) of .08 or greater, they are breaking the law by driving impaired.

People who are driving impaired don’t always show signs of their impairment. That’s why it is important to remain calm and vigilant after an accident.

What Should You Do After a Drunk Driving Accident?

The steps you should follow immediately after a drunk driving accident are similar to the steps you should follow after any other vehicle wreck.

Immediately After the Accident

1. Stay calm – it’s Easier said than done. After your wreck, your head will likely be spinning. Collect yourself. Ensure you are not seriously injured. Check on the well-being of your passengers. Observe your surroundings. Are you in immediate danger? Can you move your car out of the path of traffic? If not, can you safely move yourself and your passengers out of traffic?
2. Call 911 or the non-emergency dispatch number – If you feel any symptoms of injury, call 911. This isn’t the time to be tough; if you are injured, immediately ask for a medical response to your location. If you feel largely uninjured, call the non-emergency dispatch line and request an officer be dispatched to your location.
3. Collect information – Exchange important information with the other parties involved. Collect their names and contact information. Take a picture of their insurance card. It is important to remain calm. Don’t let your emotions get the better of you. Don’t admit fault for any part of the accident. It is not your job to determine who is at fault.
4. Collect evidence – If possible, use your phone to take pictures that help paint the picture of what happened. Photos of the damage to your vehicle and theirs and photos of injuries are a high priority. Pictures of skid marks, traffic signals, and signs can help show what caused the accident. If people witnessed your accident, ask if they would be willing to speak with the police when they arrive.
5. Speak with the police – When the police arrive, give them your information and ask questions. Do not offer more information than they ask for. Never admit fault for any part of the accident. If you feel the other driver is under the influence, inform the officer of your suspicions. If the officer believes you need medical attention, accept it. Request a police report for your records.

The Days Following the Accident

You should seek a medical examination after the accident, even if you feel perfectly fine. Many serious injuries, like traumatic brain injuries, can go unnoticed for days or even months. Keep all medical documents and bills; they are invaluable to your case.

Speak with your insurance company. Answer their questions and supply them with the photos they request. Keep track of all communication for the sake of your case.

Call 707-926-4924 to speak with Idrizi Law Group about your legal options. The sooner you speak with a personal injury attorney, the stronger your case will be. Waiting too long to file a claim gives the offending party a defense against your claim. They may say your injuries were from another accident or that you are not remembering the facts correctly.

How Can a Personal Injury Attorney Assist You?

Idrizi Law Group can help you with all aspects of your personal injury case. The most notable ways we help our clients are:

• Investigating the accident – Collect police reports and witness statements. Get toxicology results to build your case.
• Prove liability – Using evidence, build a case that proves the other driver was responsible for the accident.
• Deal with insurance companies – You don’t have to face pushy insurance companies alone. Let us deal with them for you.
• Pursue maximum compensation – Most lives are turned upside down after a drunk driving accident. We want to get you back to 100%.
• File a lawsuit – If a fair settlement can’t be reached, we will guide you through litigation and stand with you through every hearing.

Don’t wait; call 707-926-4924 to schedule a free consultation with an Idrizi Law Group personal injury attorney. We will help you navigate the legal process and get your life back after an accident with a reckless drunk driver.