What to Do After a Car Accident With a Drunk Driver

All car accidents are scary, but when the accident involves a drunk driver, it can be even worse. In addition to the physical injuries and property damage, getting hit by a drunk driver often leaves people feeling angry and confused, as it's like that most drunk driving crashes could have been prevented if the driver hadn't gotten behind the wheel.

On top of this, an accident caused by an intoxicated driver often presents unique legal considerations, criminal charges, insurance company complications, and other issues that can affect a victim's ability to get fair compensation.

Knowing what to do after a car accident with a drunk driver is important. It's also important to contact a drunk driving accident lawyer as soon as possible for a free consultation.

Call Emergency Services Immediately and Report Suspected Impairment

Following any accident, it's important to reach out to police, and if injuries have occurred, an ambulance. In the case of an accident where a drunk driver hits you, it's best to do this from the start. A police officer can do sobriety tests, document any sign of impairment, and determine if the driver is drunk or not.

The police report will be a very important part of any drunk driving accident claim, and it's important for both criminal cases and civil lawsuits. Without a police report, proving that the other driver was drunk will become very difficult.

Seek Medical Attention Right Away After a Car Crash with a Drunk Driver

The priority following a car accident is always safety and getting property medical treatment. Even if it doesn't seem like there are any injuries, it's always good to get checked out.

Many serious injuries, like internal bleeding or traumatic brain injuries, may not appear until hours or even days following the accident.

In addition to this, medical documentation will connect the injured person's injuries to the crash. Delaying this allows the drunk driver's insurance company to say that the injuries sustained were unrelated or exaggerated.

Do Not Engage With the Drunk Driver

Drivers who are intoxicated may behave unpredictably, aggressively, or irrationally. For personal safety, it is best to avoid confrontation and limit interaction.

Basic information exchange can be handled by law enforcement. Any attempts by the impaired driver to apologize, argue, or pressure the victim should be avoided, as statements made at the scene can later be misinterpreted.

Document the Scene If It Is Safe to Do So

If conditions allow, documenting the accident scene can be extremely helpful. Photographs or videos of vehicle damage, skid marks, open alcohol containers, traffic signals, and the surrounding area may later support a claim.

Witness information is especially important in drunk driving cases. Independent witnesses can corroborate erratic driving behavior or signs of intoxication before or after the crash.

Understand the Difference Between Criminal Charges and Civil Cases

When a drunk driver causes an accident, they may face criminal charges such as driving while intoxicated (DWI). However, criminal prosecution is separate from a civil personal injury claim.

A criminal case focuses on punishment, while a civil claim seeks compensation for medical expenses, lost income, pain and suffering, and other damages. Even if the drunk driver is convicted—or if charges are reduced—a separate civil claim is still required to recover financial compensation.

Be Careful When Speaking With Insurance Companies if a Drunk Driver Hits You

After a drunk driving accident, insurance companies may contact the victim quickly. While cooperation is often necessary, statements should be given cautiously.

Insurance adjusters may attempt to minimize payouts by questioning the severity of injuries or suggesting shared fault. Even seemingly harmless comments can be used to undermine a claim. It is often wise to seek legal guidance before providing recorded statements or signing any documents.

Preserve Evidence Related to Alcohol Impairment

Evidence of intoxication can be critical in drunk driving cases. Police reports, breathalyzer or blood test results, dashcam footage, and witness statements all play a role.

In some cases, additional evidence may exist, such as bar receipts, surveillance footage, or ride-share records showing where the driver consumed alcohol. Preserving and identifying this evidence early can strengthen a civil claim.

Understand Potential Compensation in Drunk Driving Cases

Victims of drunk driving accidents may be entitled to compensation beyond what is typically available in standard car accident cases. In addition to medical bills and lost wages, damages may include pain and suffering, emotional distress, and long-term disability.

In certain cases, punitive damages may also be available. These damages are intended to punish particularly reckless behavior and deter future misconduct. While not awarded in every case, drunk driving may support a claim for punitive damages depending on the circumstances.

Do Not Accept an Early Settlement Without Full Evaluation

Insurance companies may attempt to settle claims quickly, especially when liability is clear. While this may seem appealing, early settlement offers rarely reflect the full value of a drunk driving accident case.

Injuries may worsen over time, and long-term impacts such as chronic pain, reduced earning capacity, or ongoing medical care may not yet be known. Accepting a settlement too early can prevent recovery for future losses.

Consider the Role of Dram Shop Liability

In some drunk driving cases, liability may extend beyond the driver. Under New York’s Dram Shop laws, establishments that unlawfully serve alcohol to an intoxicated person may be held partially responsible if that person later causes an accident. For more information, hire an auto accident law firm in Long Island.

Identifying potential third-party liability can expand available insurance coverage and increase the compensation available to injured victims. These claims require careful investigation and legal analysis.

Seek Legal Guidance from a Car Accident Lawyer as Soon as Possible

Drunk driving accident cases often involve complex legal issues, including criminal proceedings, insurance disputes, and potential third-party liability. Handling these matters without legal representation can put victims at a disadvantage just like multi-vehicle car accidents and a car accident involving a rental car.

An experienced personal injury attorney can investigate the crash, gather evidence, handle insurance negotiations, and pursue full compensation while allowing victims to focus on recovery.

Being injured by a drunk driver is both traumatic and deeply unfair. While no legal action can undo the harm caused, taking the right steps after the accident can help victims protect their rights and pursue accountability.

By prioritizing medical care, documenting the incident, preserving evidence, and seeking knowledgeable legal guidance, victims can take control of the situation and move forward with confidence.

Work with an experienced car accident attorney who understands New York Laws and how insurance claims work in drunk driving accidents. A personal injury lawyer like Carl Maltese from the Law Office of Carl Maltese can make all the difference in the world. Free case reviews are available.