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What To Do If You’re Hit by a Drunk Driver and How an Attorney Could Help You

What To Do If You’re Hit by a Drunk Driver and How an Attorney Could Help You

Drunk driving continues to be a serious problem and a major cause of accidents. In 2016, there are over 111 million self-reported episodes of alcohol-impaired driving among adults, according to the CDC. In addition, 28 percent of all traffic deaths occurred in alcohol-related crashes.


All 50 states have a zero-tolerance policy for drunk driving. If you are involved in a car accident with someone under the influence, they could be, not just liable for compensation for your vehicle damages and injuries sustained, but that person could also face severe criminal charges.


There are a few crucial steps you should follow if you are ever hit by a drunk driver in order to ensure your safety and legal protection down the road.

Interacting with the Possible Drunk Driver

You should first make sure that you are your passengers are safe and uninjured. If anyone is showing signs of injury, immediately pick up the phone and call 9-1-1.


After an accident, most drivers of the vehicles will get out to exchange information. However, this may not be possible with a drunk driver.


Some drunk drivers can hide their state of intoxication fairly well. Depending on how intoxicated the driver is, with others, it can be quite evident that they are inebriated. If you believe that the other driver may be under the influence of alcohol, you can try to look for signs, such as:

  • Smelling alcohol on the person

  • Seeing alcohol cans or bottles in the car

  • Noticing puddles of liquid outside the car

  • Red or glossy eyes

  • Slurred speech

  • Mental confusion

  • Impaired motor functions for a normally sober individual


It may be in your best interest to record any conversation you have with the person who you believe is intoxicated to serve as evidence later on. Don’t point your camera right at them or try to argue with them, as it might make the person agitated. Take note of the person’s license plate number


If it’s possible, try to get their insurance, license, and personal information as well. You should also make sure they do not leave the scene for any reason before police officials arrive to assess the situation.

Call the Police and Medical Responders

If you haven’t already called police officials and medical responders at this point, you should make sure that they come in order to ensure the safety of everyone involved.


It’s in your best interest to tell the police everything that happened before they arrived and if you saw any evidence that the other driver was intoxicated. You can show them any evidence you recorded with your phone or point out any other evidence you gathered prior to their arrival. This will help make sure the incident is reported accurately and you are not held liable in any way.


In addition, don’t refuse medical treatment, even if you don’t believe you were injured. Some injuries that are sustained do not immediately show signs or symptoms. Getting immediate medical treatment and a proper doctor’s diagnosis will help your case if you wish to obtain the maximum amount of compensation afterward.

Contacting an Attorney Before the Insurance Company

Before you speak with an insurance adjuster about the accident, it will be in your best interest to contact an experienced Los Angeles personal injury attorney.


Many times, the other driver’s insurance provider will be in “damage control” mode. An experienced attorney will be able to give you the legal advice you need in order to present the information you gathered about the drunk driving incident.


Your attorney’s firm will be able to conduct an investigation of the incident by collecting evidence such as:

  • Field investigation that includes the driver’s BAC at the time

  • The timeline of the driver’s whereabouts prior to the accident

  • The physical location of the scene

  • Police reports and witness statements


At The Law Offices of Gerald L. Marcus, we believe in the power of investigation and evidence. We also believe that if someone is injured because of a drunk driver’s negligence, they shouldn’t have to pay. They are victims in the situation and are entitled to maximum fair and just compensation that includes physical damages to their vehicles as well as medical bills and pain and suffering.


If you or someone you love has been injured in a drunk driving accident, our expert legal professionals will work tirelessly to prove liability in your case so you can walk out stronger on the other end of your ordeal.


Contact our compassionate personal injury attorneys at (800) 905-8777 for a no-fee consultation to discuss your case today.


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