Common Mistakes After a Drunk Driving Accident

Drunk driving accidents are some of the most preventable and devastating car accidents that occur on Long Island. When an intoxicated person causes an accident, victims often sustain serious injuries, emotional distress, and significant financial loss. However, what victims do following these accidents can make all the difference in the outcome of a lawsuit.

A car accident attorney like Carl Maltese of the Law Office of Carl Maltese, often sees cases where a victim made unintentional, but common mistakes after a drunk driving accident. Unfortunately, these mistakes negatively impact their cases.

Not Calling the Police After a Drunk Driver Car Accident

One of the biggest mistakes that people make after an accident with a drunk driver is not calling the police. Even if the driver is cooperating or appearing sorry for what they did, it's very important to have an official record documenting the accident scene.

The police who come to the scene will create a police report, administer field sobriety tests, and record information about the vehicles involved and the drivers of all vehicles. They will also take note of things like traffic signals, the location of video cameras, or other important details.

Not Documenting the Accident Scene and Collecting Evidence

Following an accident, victims often feel overwhelmed and leave the scene before they gather evidence. This is a serious mistake. Even thought the police report exists, it's still a good idea to collect your own information and documentation.

As long as it's safe, and they don't need to seek medical attention immediately, victims should try to do the following:

• Take photos of both vehicles and the surrounding area

• Capture any visible injuries

• Collect the other driver’s contact and insurance information

• Get names and phone numbers of witnesses

Truck, SUV, and car damage, skid marks, and traffic signals can all provide clues to how the accident occurred. Preserving this evidence early on can make a significant difference when building a case later.

Not Seeking Immediate Medical Treatment

Another mistake that people often make is delaying medical treatment. Following a car accident, adrenaline rushes through your system, and it can mask pain and make injuries seem less severe than they really are. Some victims will wait for several days before visiting a doctor. However, they discover that they have internal injuries, concussions, or soft tissue damage.

Getting medical care ASAP not only protects your health, but it also creates documentation that connects the injuries to the accident. If the victim waits too long to seek medical attention, the other driver's insurance company may try to say that the injuries weren't severe or unrelated to the accident.

Admitting Fault or Apologizing

In the chaos after a drunk driving accident victims might end up apologizing out of habit or saying something that could indicate they are taking responsibility. For example, even something simple like saying "I wasn't looking" can be a crucial mistake, even if you are totally sober.

The best thing to do is stay calm, offer accurate information to police, and avoid discussing fault. Determining fault in a drunk driving accident often involves looking at a number of factors including the drunk driver's BAC, their speed, and if they adhered to traffic laws. A thorough investigation will be done by the police, insurance companies, and attorneys.

Talking to the Insurance Company Too Soon

Oftentimes, after a car accident with a drunk driver, insurance companies will start reaching out. They may offer a settlement. However, almost every time, these initial settlement offers are too low to pay for medical bills, lost wages, pain and suffering, etc.

Insurance companies will also try to protect the company...not the victim. Insurance adjusters might try to ask leading questions, record statements, or pressure victims into accepting a settlement. Once you accept a settlement, you can't go back.

Insurance claims can be confusing, and you have legal rights to collect compensation following an accident with a drunk driver. However, there is a legal process that should be followed. Seeking compensation isn't as simple as accepting an initial settlement offer. Working with these car accident attorneys in Long Island NY to file a personal injury claim can make a major difference.

Accepting a Settlement Without Working With an Experienced Car Accident Lawyer

Victims often face mounting medical bills, car repairs, and lost income following a drunk driving accident. Under this stress, some may accept the first settlement offer simply to move forward. Unfortunately, these offers are usually far below the actual value of the claim.

Accepting an early settlement can prevent victims from recovering compensation for long-term medical expenses, ongoing rehabilitation, or future lost wages. Once the settlement agreement is signed, it is final—meaning no further claims can be made even if new injuries appear later.

An experienced personal injury lawyer can accurately assess the full value of a claim, factoring in both current and future damages. They can go over common mistakes after a bike accident as well.

Not Gathering Sufficient Evidence

Drunk driving accident claims depend heavily on strong, well-documented evidence. Victims who fail to collect and preserve this information can weaken their case significantly. Important forms of evidence include:

• Police and toxicology reports

• Photos of vehicle damage and injuries

• Medical records and bills

• Witness statements

• Surveillance or dashcam footage of the at fault driver and accident

Drunk driving cases may also involve criminal proceedings, and evidence from the criminal case—such as breathalyzer results or officer testimony—can be useful in the civil claim. An attorney can help ensure all relevant documentation is obtained and preserved properly.

Not Calling the Law Office of Carl Maltese

To get the most out of your case with a drunk driver, you need legal representation. A personal injury attorney can help to ensure you have fair compensation, that you can pay for future medical care for injuries, and that you get paying for non economic damages you have a right to collect.

Working with the Law Office of Carl Maltese can help those who want to take legal action against at fault drivers. Reach out now for a free consultation.