I Was Injured in an Atlanta Car Accident and the Other Driver Was Charged with a DUI, What Do I Do Now?

If you were injured in a car accident caused by a drunk driver, you may feel especially compelled to hold the driver accountable for the injuries and losses you endured.

As a victim of someone else’s irresponsibility, you’re entitled to file a claim against the DUI driver’s insurance. If you’re denied compensation, or the compensation you’re offered isn’t enough to cover your accident-related expenses, including medical bills and lost wages, you can sue the driver in a personal injury case.

But before taking any legal steps regarding your injuries, you’ll need to address more immediate matters at the scene of your accident.

Get Medical Assistance

The number one priority following an accident is to ensure you and everyone involved is safe. If there are any injuries, you should contact authorities and provide assistance. If your injuries are severe or life-threatening, you should be swiftly transported to a nearby hospital.

Even if your injuries don’t seem serious and you feel okay, you should still get a medical checkup as soon as possible. Accident injuries can manifest hours or even days after the crash, so you should never assume you aren’t injured if you’re not experiencing any symptoms right away.

Gather Evidence

Before you leave the accident scene, make sure to gather as much evidence as you can (if you’re able to do so).

Apart from filing an accurate police report and getting the DUI driver’s insurance information, be sure to get witness testimony along with their names and phone numbers. The testimony could be used as compelling evidence against the drunk driver.

Use your phone to take pictures and videos of the accident scene, including injuries you and other people may have suffered, vehicle damage and anything else you deem to be potentially relevant for your claim.

Keep all medical documentation pertaining to the injuries you sustained. Also keep receipts for any out-of-pocket purchases you made due to your injuries or the accident.

File an Insurance Claim

You should contact your own insurance company and the DUI driver’s insurance company as soon as possible to notify them of the accident. You’ll likely be asked detailed questions about what happened and any evidence you managed to gather at the accident scene may come in handy now.

You’ll likely be asked to provide medical documentation of your injuries, including medical diagnoses and treatment plans.

While the DUI driver’s intoxication may seem like it’s enough to establish fault, insurance companies generally aren’t eager to pay large claims without putting up a fight. If you feel you’ve been lowballed or your claim was wrongfully denied, it may be time to hire a personal injury lawyer and sue the DUI driver.

Claims after car crashes of any kind can be complicated by many factors. In the immediate aftermath, you and your doctors might not truly know the extent of your injuries, the total cost of recovery, or whether you will make a full recovery. Those factors should impact the compensation you receive, which is why many lawyers advise against settling before you know the true cost of your accident injuries.

The other driver’s policy limits or lack of coverage can also make your life far more complicated. In most cases, unless the drunk driver has significant assets, your compensation will be limited by the other driver’s liability policy limits.

Talk to a DUI Injury Attorney

An experienced personal injury attorney will negotiate with the insurance company on your behalf, recognize and counter manipulative tactics, and fight for the compensation you’re owed. They shouldn’t be afraid to take your case to court if a satisfactory settlement cannot be reached during negotiations.

What Can You Claim in a DUI Accident Case?

If you file a civil lawsuit and prove the driver was negligent and responsible for your injuries, you may be awarded economic damages for quantifiable things like medical bills, lost wages, damaged property and other economic damages. You may also be awarded non-economic damages, which is monetary compensation for mental pain and suffering and emotional stress resulting from the accident.

DUI cases are also one of the more common examples of scenarios in which a plaintiff could be awarded punitive damages. Those damages are only available in cases where the at-fault party’s actions are particularly reckless or intentionally dangerous.

As a DUI victim, you are also entitled to file a claim against the business that sold alcohol to the drunk driver despite knowing they were already intoxicated or underage and about to drive.

Work with an Atlanta Personal Injury Attorney

If you’re a victim of someone else’s reckless driving, you deserve to be compensated for your injuries and losses.

At Atlanta Elite Lawyers, we strive to connect accident victims with skilled lawyers who can provide personal injury legal guidance and expertise. To schedule a free consultation with one of our recommended attorneys, contact one of these law firms.