Steps to Take After Being Hit by an Impaired Driver

If you’ve ever been in an auto accident, then you know that immediate action is one of the most important things needed to protect yourself and others from further harm. When you’ve been hit by an impaired driver, the steps to take tend to become more nuanced, focusing on safety, evidence, and obtaining the help of a qualified Phoenix car accident lawyer. 

Drunk drivers pose a huge threat to the safety of our streets and as pedestrians and motorists, knowing what to do after being hit by an impaired motor vehicle is an essential life skill. Zanes Law is a personal injury law firm that serves throughout Arizona, equipping injury victims with legal services to protect their rights and secure financial recovery. Let us help you. 

Keep reading to learn more about the essential steps to dealing with the aftermath of a collision with a drunk or impaired driver and the legal action that may be available to you.

Ensuring Safety and Prioritizing Medical Attention After an Impaired Driving Accident

The most important step that you can take after encountering an accident with an impaired driver is prioritizing safety and personal health. Our Phoenix personal injury lawyers advise victims to call a paramedic to the scene who will treat and document injuries that will serve as viable evidence later. After an impaired driving wreck, consider taking the following actions:

Ensure Safety

After an impaired driving accident, your safety should be the top priority. If you are able to do so safely, move yourself and any passengers to a secure location away from traffic. Activate hazard lights to alert other drivers to the accident scene. If you or anyone else has sustained injuries, call emergency services immediately for medical assistance.

Seek Medical Attention

Even if you do not experience immediate pain or visible injuries, it is essential to seek medical attention promptly. Some injuries, such as whiplash, internal bleeding, or concussion, may not manifest symptoms immediately but can have serious long-term consequences. A medical evaluation will ensure that injuries are properly diagnosed and treated, and it will also create a medical record linking your injuries to the accident.

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Reporting the Accident and Impairment Suspicions to Law Enforcement

Immediately after the collision with the drunk driver, your next step should be to contact the local law enforcement agency to report the impaired driving accident. Provide them with all the necessary details, including the location, description of the accident, and any observations you have regarding the impairment of the other driver. The police will arrive at the scene, gather information, and create an official report documenting the incident.

When speaking to law enforcement, express your suspicion that the other driver was impaired. Provide any relevant observations, such as slurred speech, the smell of alcohol, or erratic behavior. This information will be documented in the police report and can serve as crucial evidence in establishing liability for the accident.

Gathering Crucial Evidence to Support Your Impaired Driving Accident Claim

Use your phone or a camera to take photographs or videos of the accident scene from various angles. Capture the position of the vehicles, damage sustained, skid marks, and any other relevant details. This visual evidence can help reconstruct the accident and support your version of events.

Collecting Witness Statements and Contact Information:

If there were any witnesses to the accident, gather their statements and contact information. Eyewitness testimony can provide valuable insights into the events leading up to the crash and corroborate your account. Ensure you have their names, phone numbers, and email addresses, as their statements may be crucial during the claims process.

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Exchanging Information with the Impaired Driver After an Accident

Exchanging information with the impaired driver after an accident is crucial. It will help you to initiate a strong claims process and aid the insurance agency in determining fault.  Implement the following steps after a collision with an impaired motorist:

• Obtaining driver’s information: Exchange contact and insurance information with the impaired driver involved in the accident. Obtain their full name, address, phone number, driver’s license number, and insurance details, and provide them with your information as well, as this information will be necessary when filing an insurance claim or pursuing legal action.
• Documenting insurance details: Take clear photos of the impaired driver’s insurance card and vehicle registration. This documentation will ensure that you have accurate information for insurance purposes and facilitate communication with the respective insurance companies involved in the claims process.

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Seeking Legal Guidance from a Personal Injury Attorney after an Impaired Driving Accident

Following medical treatment, hiring a Phoenix drunk driving injury lawyer is the second most important step you could take following an accident with an impaired driver. 

Benefits of Seeking Legal Representation:

Consulting with a personal injury attorney who specializes in impaired driving accidents can provide numerous benefits. We possess expertise in navigating complex legal processes, evaluating your case, and advocating for your rights. Our attorneys will ensure that you are not taken advantage of by insurance companies and will work to secure the maximum compensation you deserve.

How an Attorney Can Protect Your Rights:

A personal injury attorney will handle all communication with insurance companies, gather evidence, and build a strong case on your behalf. We will protect your rights and fight for fair compensation for your medical expenses, lost wages, pain and suffering, and other related damages.

Reporting the Impaired Driving Accident to Your Insurance Company

Notify your insurance company about the impaired driving accident. Provide them with accurate and detailed information about the accident, including the other driver’s impairment. Cooperate fully with their investigation and provide any necessary documentation they request. Refrain from admitting fault as some states, like Arizona, will reduce your payout based on the comparative negligence rule.

Before providing recorded statements or accepting any settlement offers from the insurance company, consult with your personal injury attorney. They will guide you on what information to provide and help ensure that your rights are protected throughout the claims process.

Documenting Damages for an Impaired Driving Accident Claim

Maintain a comprehensive record of all medical bills and expenses related to your injuries from the impaired driving accident. After being hit by an impaired motorist, take the necessary steps to visit the hospital, and get required surgeries, medications, rehabilitation sessions, and any other healthcare treatment. Request itemized bills and keep copies as evidence of your financial losses.

If your injuries have caused you to miss work or resulted in a reduction in your earning capacity, document these financial losses. Keep records of your employment history, pay stubs, tax returns, and any correspondence with your employer regarding the impact of the accident on your ability to work and earn income.

Seeking Compensation for Damages in an Impaired Driving Accident Case

A personal injury attorney will play a crucial role in helping you seek compensation for the damages you have suffered. They will assess the full extent of your losses, gather evidence to support your claim, negotiate with insurance companies, and, if necessary, file a lawsuit on your behalf.

Types of Damages You May Be Entitled to

In an impaired driving accident case, you may be entitled to various types of damages, including economic damages (such as medical expenses, lost wages, and property damage) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life). 

Your attorney will evaluate your case and help you pursue the appropriate compensation for your specific circumstances, even if that includes punitive damages.

Taking Action After Being Hit by an Impaired Driver

By taking prompt action and following the necessary steps following an accident with an impaired driver, you increase your chances of receiving fair compensation for your injuries and damages. Acting swiftly also allows for the preservation of crucial evidence and the protection of your legal rights.

If you have been hit by an impaired driver, do not delay in seeking legal assistance. Contact the experienced personal injury lawyers in Phoenix a Zanes Law. We specialize in impaired driving accidents to guide you through the claims process, protect your rights, and help you pursue the compensation you deserve.

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