Being involved in a car accident is a traumatic experience, but when the accident is caused by a drunk driver, the situation is even more distressing and overwhelming. Drunk driving contributes to a significant amount of serious and fatal car crashes in Alabama. If you’ve been injured in a car crash by a drunk driver in Alabama, knowing the steps to take right away can protect your health and legal rights.
What Should I Do If I’m Hit by a Drunk Driver?
1. Prioritize Your Safety Immediately After an Accident
The moments after a collision are confusing and jarring. Your adrenaline is pumping, and then shock may set it. If your vehicle is drivable and it is safe to do so, move it to the shoulder or out of the flow of traffic. If you cannot move your car, turn on your hazard lights. Check yourself and your passengers for injuries. If anyone is hurt, do not try to move them unless there is an immediate danger such as a fire or smoking engine.
2. Call 911 & Report the Drunk Driver
After checking that everyone is safe and your car has been moved, if this is possible, call the police right away. When talking with the 911 dispatcher, try to identify your location as best as you can, and state that you suspect the other driver is intoxicated. Mention any behaviors you have observed before the crash like swerving, cutting drivers off, veering onto the sidewalk or shoulder if on the freeway, and behaviors after the crash such as slurred speech, smelling alcohol, stumbling, or aggressive behavior. When the police arrive, they can conduct field sobriety tests to verify if the driver is intoxicated and document evidence of impairment in their report.
3. Gather Evidence at the Scene of the Crash
While you wait for the police to arrive, and only if you are physically able to do so safely gather any evidence at the scene that you can. Here is a list of evidence to try and gather:
- Any damage to all vehicles involved, the position of the cars on the road, skid marks, traffic signs, and weather conditions. The drunk driver can try to deceive officers by disposing of alcohol containers or switching seats with another passenger in the car if they’re sober, so anyway to document their fault will be extremely beneficial. If you are concerned about taking photos of the other car or driver, make notes on your phone. Any contemporaneous evidence—evidence gathered at the time of the accident—is more powerful than your recall of the events after the fact.
- If anyone saw the crash, ask for witnesses names and phone numbers. A witness who saw signs that the driver was impaired can be really strong testimony for a drunk driving claim.
- Exchange information with the other driver such as their name, insurance information, license plate number, and driver’s license number. Do not engage in any conversation beyond this. Intoxicated individuals can be unpredictable and violent, so if for any reason you feel unsafe, don’t attempt to approach them.
When law enforcement arrives, remain calm and focus on the facts. Explain everything clearly so the officer can have an accurate account of what happened: providing the officer a clear, straightforward account of what happened. Be sure to ask for the police report number so you and your attorney can obtain a copy of it later. This report can become a crucial piece of evidence if you need to pursue a claim.
4. Seek Medical Attention Immediately
You might feel fine right after the crash because adrenaline can mask pain. But you might not immediately see symptoms of serious injuries like whiplash, concussions, or internal bleeding which is why you need to go to the emergency room or see your primary care physician as soon as possible. It’s important to see a physician after the crash for these reasons:
- Assess For Injuries⎯If you have serious injuries from the accident, it’s important to get them looked at and treated right away, especially if surgery is needed.
- Your Claim⎯Insurance companies often look for gaps in treatment to devalue claims because they’ll argue that the injury wasn’t as severe as was claimed to be or that the injury was a pre-existing condition and the accident didn’t cause it. This is why you need medical records to show the direct cause of your injuries and that they were due to the accident.
5. Don’t Talk To The Other Driver’s Insurance Company
Soon after the accident, the other driver’s insurance company will most likely contact you. They may make you put your guard down because of how friendly and concerned they’re being, but just remember, they are a business and trying to minimize or pay nothing at all for the claim. They might ask for a recorded statement or offer you a quick settlement check and don’t agree to this. You need to speak with an attorney right away so you don’t put your claim at risk in the future. Insurance adjusters are trained to ask leading questions that can trick you into admitting fault or downplaying your injuries. A quick settlement offer is almost always far lower than what you actually need to cover your medical bills, lost wages, and pain and suffering. Once you accept and sign a release to settle, you usually can’t go back to the insurance company for more money, even if you’re permanently injured due to the crash.
Alabama Personal Injury Claims Against a Drunk Driver
Personal injury claims involving drunk drivers can be complex, because they’re usually combined with related criminal cases. While the state of Alabama may prosecute the driver for the DUI, that won’t pay for your medical bills, lost wages, and pain and suffering. You must pursue a separate civil personal injury claim to seek financial compensation.
Alabama’s Doctrine of Contributory Negligence
Alabama is one of the few states that still follows a pure contributory negligence rule. Under this rule, if you are found to be even 1% at fault for the accident, you are barred from recovering any financial compensation from the other driver. Insurance companies use this law to their advantage to try and minimize any payout. Even if the other driver was completely intoxicated, their defense team will try to prove you were doing something that could have contributed to the accident (e.g. speeding or distracted driving) to shift that 1% of blame onto you. This is why it’s important to contact a personal injury attorney at Wettermark Keith in Birmingham, Dothan, Huntsville, or Montgomery, Alabama for a free case consultation as soon as possible, so we can start our investigation and protect your rights.
What is Alabama’s Dram Shop Law?
In some cases, the drunk driver may not be the only liable party in your personal injury claim. Under Alabama’s Dram Shop Law, you may have the right to file a claim against a bar, restaurant, or liquor store that sold alcohol to the intoxicated driver. If an establishment serves alcohol to someone who is visibly intoxicated, and that person subsequently causes a crash, the business can be held financially responsible for your injuries.
Should I Hire an Attorney After Being Hit by a Drunk Driver in Alabama?
Drunk driving cases aren’t like typical car accident claims because in addition to covering your medical bills, lost wages, and pain and suffering, you might also be entitled to punitive damages. Punitive damages are monetary rewards in civil cases that are meant to hold the drunk driver accountable for reckless behavior and dangerous behavior that put lives at risk. There are often procedural hurdles you need to overcome to qualify for punitive damages, which is why it is important to have an experienced Alabama personal injury attorney on your side.
Being hit by a drunk driver is a traumatic experience and something no one should have to go through. If you or a loved one has been injured by a drunk driver, Wettermark Keith’s drunk driving accident attorneys are here to guide you through every step of your claim, get the compensation you deserve, and make sure that the negligent driver is held accountable. Contact our Birmingham, Dothan, Huntsville, or Montgomery, Alabama attorneys 24/7 by calling us at (877) 455-4518 or filling out our online form for a no obligation case review.
Arrive Alive Alabama
We’re proud to partner with WHNT News 19 on Arrive Alive Alabama, a community awareness campaign focused on educating North Alabama drivers about the dangers of drunk driving and distracted driving. Learn more about the Arrive Alive Alabama campaign.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
