I Got Hit By A Drunk Driver, What Am I Entitled To?

Have you ever thought about a car accident? You could be driving home on a warm Las Vegas night, and suddenly, a drunk driver crashes into your vehicle. Unfortunately, this scenario is all too common in a city like Las Vegas, where drunk driving accidents occur frequently due to the city’s vibrant nightlife.

Did you know that about 37 people in America die each day in drunk-driving car crashes. Many people visiting Las Vegas underestimate the risks, but local statistics show that impaired driving remains a serious issue, putting countless drivers at risk.

What to Do If I Got Hit by a Drunk Driver: Essential Steps to Take

Being involved in a car accident with a drunk driver is an overwhelming and often traumatic experience. The aftermath can be filled with uncertainty, from managing medical treatment to addressing legal issues.

If you’ve been hit by a drunk driver, understanding the steps to take can help you protect your rights and secure the compensation you may need for your recovery.

Every state considers driving under the influence a criminal offense, and victims of these accidents are entitled to pursue compensation for their medical bills, lost wages, and pain and suffering.

Not only does alcohol impair judgment and reaction times, but the risk of a crash significantly increases when a driver’s Blood Alcohol Concentration (BAC) reaches or exceeds .08, which is the legal limit in all states.

Immediate Steps to Take After an Accident

Taking immediate action after a car accident can have a critical impact on both your health and your legal case. Here are the most important steps to take right after the accident:

1. Call 911 and Report the Accident

The first priority should be to call 911 to report the accident, especially if anyone is injured. Emergency responders can provide medical assistance and ensure that injuries are documented properly.

Additionally, the police will arrive at the scene to document the accident and gather evidence that may prove helpful later. Having an official police report of the accident is invaluable in establishing fault and liability in a personal injury case.

2. Exchange Insurance and Contact Information

If possible, exchange contact and insurance information with the drunk driver. You will need the driver’s name, driver’s license number, license plate number, and car insurance details. Police officers can often help facilitate this process to ensure the information is accurate.

The driver’s insurance information is essential for filing a claim against their policy, as the insurance company is typically responsible for covering damages resulting from their client’s negligence.

3. Document the Scene

While waiting for authorities to arrive, take photos of the accident scene. Capture images of all vehicles involved, any visible damage, nearby street signs, and lighting conditions. This documentation can help support your claim and establish liability.

Be sure not to interfere with the police investigation, but do what you can to preserve evidence that may be valuable for your case.

Liability and Compensation for Drunk Driving Accidents

Drunk driving accidents have severe consequences, and the law holds intoxicated drivers accountable for their actions. In most cases, the drunk driver’s insurance company will cover damages. However, victims must demonstrate that the driver was intoxicated and negligent at the time of the accident.

A car accident lawyer can be instrumental in gathering evidence to prove the driver’s liability. In some cases, it may be necessary to obtain BAC test results, eyewitness testimonies, and surveillance footage.

Seeking Compensation for Your Injuries

While a drunk driving accident can be a problem, knowing what drunk drivers are liable for can help you. An impaired driver may have major financial obligations towards the injured person. If you were hit by a drunk driver, you may be entitled to financial compensation for various damages. These include:

1. Medical Bills:

Compensation may cover immediate medical expenses, such as emergency treatment, surgeries, and ongoing rehabilitation.

2. Lost Wages:

Injuries from a car accident often result in lost income due to time away from work, and you may be compensated for these losses.

3. Pain and Suffering:

Emotional distress and physical pain are common after serious accidents, and victims may be entitled to compensation for these non-economic damages.

Personal injury lawyers can help estimate the total value of your claim, taking both immediate and long-term damages into account. Negotiating with the insurance company can be challenging, and having a lawyer increases the likelihood of a fair outcome.

4. Involving a Lawyer in Your Case

Some may assume that when the case against a drunk driver is straightforward, legal representation is unnecessary. However, drunk driving cases can still present complexities, especially when determining the full extent of compensation or handling uncooperative insurance adjusters.

A car accident attorney can evaluate your case, estimate your losses accurately, and handle the legal system to seek maximum compensation on your behalf.

Additional Considerations

After a drunk driving accident, there are specific circumstances that may impact both passengers and close family members of the injured. Understanding these considerations can further clarify what steps to take:

1. Passenger Rights in Drunk Driving Accidents

If you were a passenger in a vehicle operated by a drunk driver, you may have grounds to file a claim against the driver’s insurance. Passengers often have the same rights as any other injured victim and may be entitled to seek compensation for medical bills and other losses.

This applies even if the driver responsible is a friend or family member. It’s important to seek legal guidance in these situations to ensure you receive the appropriate compensation without complicating personal relationships.

2. Family Member Rights in Drunk Driving Accidents

Drunk driving accidents not only impact the individuals directly involved but also extend to family members. If someone in your family has suffered severe injuries, family members may experience financial or emotional strain.

In some cases, family members may be eligible for compensation to cover costs related to care or emotional distress. This aspect of the law varies, so consulting with a personal injury attorney can help determine what compensation, if any, is available to family members.

What To Do Next?

Familiarize yourself with both the criminal and civil aspects of drunk driving accidents. The criminal court will address charges against the driver, while the civil court handles claims for financial compensation.

2. Seek Support:

In addition to legal representation, emotional support can be invaluable. Organizations like Mothers Against Drunk Driving (MADD) provide resources and guidance to victims of drunk driving accidents. MADD’s Victim Services offers counseling and information about the legal process, which can help you feel more prepared and supported during this difficult time.

3. Consult a Lawyer:

A personal injury lawyer can help ensure your rights are protected and can handle the complexities of your case. Many law firms offer a free initial consultation, allowing you to discuss your case without financial commitment.

Legal representation can help you navigate your claim, negotiate with the insurance company, and maximize your compensation.

Contact Bourassa Law Group Today!

If you or a loved one has been injured in a drunk driving accident in Las Vegas, you don’t have to navigate the aftermath alone. The Bourassa Law Group is here to guide you through the legal process, protect your rights, and ensure you receive the fair compensation you deserve.

From managing complex claims to dealing with insurance companies, our experienced attorneys are committed to standing by your side every step of the way. Reach out today for a free consultation and take the first step toward justice and recovery.

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