A car accident is always a stressful and frightening experience, but being hit by a drunk driver is particularly devastating. It can leave you feeling shaken, frustrated, and unsure of what to do next. Many others have faced similar ordeals in Texas, and there is a clear path forward to protect your rights and seek the justice you deserve.
Below is a step-by-step guide to help you through these difficult moments. It’s our hope that this information will give you clarity, confidence, and the reassurance that help is available.
Step 1: Understand Your Immediate Safety
First and foremost, focus on your safety and the safety of others. If you are able:
- Move to a safe location away from traffic if the accident occurred on a busy road.
- Turn on your hazard lights to alert other drivers.
- If anyone is injured or in immediate danger, call 911 for emergency assistance right away.
Your well-being and the well-being of others should always be your top priority after an accident.
Step 2: Contact Law Enforcement
Call 911 to report the accident and notify the police. Having law enforcement on the scene is crucial for several reasons:
- Official Documentation The police will create an accident report, which will include important details about the crash, such as witness statements and indications that the other driver may have been intoxicated.
- Evidence Collection Officers are trained to identify signs of intoxication, administer breathalyzer tests, or conduct field sobriety tests. This evidence can be critical for your case.
Remember to obtain the responding officer’s name, badge number, and a copy of the accident report, as these will be valuable later.
Step 3: Seek Necessary Medical Attention
Even if you feel fine immediately after the crash, it’s vital to see a doctor as soon as possible. Some injuries, such as whiplash or internal trauma, may not present symptoms right away. Prompt medical attention ensures:
- Your Health Comes First Early treatment can prevent injuries from worsening.
- Documented Evidence of Injuries Having medical records is key for substantiating your claim later on.
Keep a detailed record of your appointments, medical bills, and treatment plans to support your case.
Step 4: Gather Important Information at the Scene
If it’s safe to do so, document as much information as possible:
- Other Driver’s Information Collect their name, insurance details, license plate number, and contact information. If they admit to being under the influence, write down what they said.
- Photographs Take pictures of the accident scene, vehicle damage, injuries, and any other relevant details, such as skid marks or road conditions.
- Witnesses Grab contact information from anyone who witnessed the crash. Their statements may be helpful in proving fault or intoxication.
Step 5: Avoid Speaking with Insurance Companies Right Away
After a car accident, it’s likely that the other driver’s insurance company will reach out. While it may seem harmless to answer their questions, it’s best to avoid speaking with them until you’ve consulted a personal injury attorney. Insurance companies often look to minimize payouts, and anything you say might be used to reduce your compensation.
Instead, direct all communication to your legal representative. They will advocate on your behalf and ensure you receive the compensation you deserve.
Step 6: Consult with an Experienced Attorney
Navigating the legal system can be overwhelming, especially after experiencing such a traumatic event. Seeking the guidance of an experienced personal injury attorney can help ease the burden and protect your interests. Here’s how an attorney can help:
- Investigation of the Case They will gather evidence, such as police reports, medical records, and witness statements, to build a solid case.
- Negotiation with Insurance Companies Your attorney will handle discussions with the at-fault driver’s insurance company to secure fair compensation.
- Pursuing Maximum Compensation Whether through settlement or a trial, they will seek damages for medical bills, lost wages, pain and suffering, and other losses.
An attorney experienced in drunk driving accident cases will be familiar with Texas-specific laws, helping you to achieve the best possible outcome.
Step 7: Understand Your Legal Rights in Texas
Texas has strict laws regarding drunk driving, and victims of impaired drivers have the right to pursue compensation for their damages. Here are some key considerations:
- Civil and Criminal Cases The drunk driver may face criminal charges independently of your personal injury case. Your attorney can explain how these proceedings intersect with your rights as the victim.
- Time Limits Texas law imposes a two-year statute of limitations for personal injury claims. It’s important to act quickly to ensure your case is filed on time.
- Potential Compensation You may be eligible for compensation that covers medical expenses, property damage, lost income, and non-economic damages, such as emotional distress.
A skilled attorney will guide you through each step to ensure that your rights are upheld and justice is served.
Step 8: Build a Support System
Experiencing a drunk driving accident can be emotionally and physically draining. Surround yourself with family, friends, and professionals who can support you during your recovery. Many communities also offer resources, such as victim support groups and counseling services. Don’t hesitate to reach out if you need help during this time.
Step 9: Hold the Drunk Driver Accountable
By pursuing justice and holding the drunk driver accountable, you are not only seeking compensation for your own recovery but also helping to send a message about the serious consequences of impaired driving. Your actions could help prevent similar accidents from occurring in the future.
You Deserve Compassionate Guidance and Justice
Being hit by a drunk driver is a life-changing event, but you don’t have to face it alone. With the right steps and the support of experienced professionals, you can protect your rights, seek justice, and focus on your recovery.
If you or someone you love has been involved in a drunk driving accident in Texas, our experienced team at The Packard Law Firm is here to help. Our San Antonio drunk driving accident attorneys are ready to fight for the rights of victims. Our firm has already secured hundreds of millions of dollars for our clients. We can help you, too.
Contact us today at (210) 972-8918 for a free consultation to discuss your case and how we can assist you.