A car accident with a drunk driver can leave you feeling overwhelmed and unsure of what to do next. In Las Vegas, where these incidents are unfortunately common, having a skilled advocate on your side is crucial. With over 40 years of experience, Jack Bernstein Injury Lawyers specializes in helping victims like you protect their rights and secure the compensation they deserve.
What To Do Right Now After a Drunk Driver Hits You
When you’re hit by a drunk driver, the steps you take immediately can significantly impact your recovery, both physically and legally. Acting quickly and thoughtfully can help preserve evidence, protect your rights, and lay the groundwork for a successful claim. Here’s what you need to prioritize within the critical first 24-48 hours.
Call 911 and Prioritize Safety
- Ensure safety first: Move to a safe location, away from traffic, if possible. Turn on hazard lights and use emergency equipment (flares or cones) to alert other drivers.
- Report the incident: Always call 911, even if injuries or damage seem minor. Police documentation will be crucial for your case.
- Stay calm and cooperative: Share only factual details with the responding officers. Avoid speculating or admitting fault.
Seek Immediate Medical Attention
Even if you feel fine, injuries from car accidents, such as whiplash or internal trauma, can surface hours or days later.
- Emergency care: If you are visibly injured or in pain, don’t wait—accept treatment on-site or visit the emergency room.
- Follow up promptly: Schedule a visit with your doctor for a thorough evaluation. Explain any symptoms, even minor ones, to ensure they’re documented.
Keep all medical reports, receipts, and notes on doctor’s visits. This documentation not only supports your health but strengthens your claim.
Preserve Critical Evidence
Evidence is time-sensitive and can quickly disappear. Taking action now ensures you’ll have the proof you need later.
Key Evidence to Collect:
| Type of Evidence | What to Capture |
|---|---|
| Photos | Damage to vehicles, road conditions, and injuries. |
| Witness Information | Names, phone numbers, and any statements. |
| Drunk Driver’s Behavior | Any visible signs of intoxication (slurred speech, alcohol smell). |
- Request the police report: Ask the officer how and when you can obtain a copy of the report.
- Secure video footage: If there are nearby surveillance cameras, note their locations and request access if possible.
Interact Carefully with the Police
- Be honest but concise. Provide an accurate recount of events without unnecessary speculation or commentary.
- Ask for the officer’s name and badge number for future reference.
- Verify that your version of events is accurately recorded in the report.
Avoid discussing fault with anyone at the scene. Let the evidence and legal process handle responsibility determinations.
Start Protecting Your Rights Early
Once immediate needs are addressed, begin organizing your documentation. Save all receipts, bills, and correspondence. Every piece of evidence counts when it’s time to hold the drunk driver accountable.
Acting decisively after the accident ensures you’re not only protecting your physical well-being but also setting the foundation for justice and fair compensation.
How Drunk Driver Accidents Are Different
Enhanced Penalties for Drunk Drivers
Drivers caught operating under the influence (DUI) face significant criminal consequences, which can work to your advantage as a victim:
- Criminal liability: Drunk drivers are often prosecuted under stricter laws, creating a clear record of their negligence.
- Impact on civil claims: A DUI conviction can bolster your case by serving as strong evidence of the at-fault driver’s recklessness.
Special Rights and Protections for Victims
Victims of drunk driving accidents may have access to legal protections or enhanced opportunities for compensation:
- Punitive damages: Unlike standard accidents, you may be eligible for damages designed to punish the at-fault driver and deter similar behavior.
- Victim compensation programs: Nevada has specific funds available to help victims recover financial losses, especially when the drunk driver’s insurance is insufficient.
These protections vary based on the specifics of your case. Consulting an attorney can help clarify your rights.
Evidence Requirements
Drunk driving cases often hinge on specific evidence that goes beyond standard accidents. Key examples include:
- Blood alcohol content (BAC) test results: Obtained by law enforcement, these results can directly prove the driver’s intoxication.
- Witness accounts: Statements from those who observed erratic driving or signs of intoxication.
- Field sobriety tests or arrest records: Often included in the police report, these establish the driver’s impaired state.
Additional Compensation Possibilities
Drunk driving accidents frequently result in catastrophic injuries, requiring extensive care and resources. Compensation may cover:
- Ongoing medical needs: Rehabilitation, surgeries, or long-term care.
- Loss of quality of life: Compensation for severe impacts on daily activities or personal well-being.
- Emotional distress: Accidents caused by intoxicated drivers can leave deep psychological scars.
Being aware of these distinctions helps victims understand the gravity of the incident and ensures that they pursue every avenue available to them for justice and recovery.
Protecting Your Rights After a Drunk Driver Accident
Protecting your rights begins the moment the accident occurs and continues throughout the aftermath. By prioritizing evidence collection, strategic communication, and timely actions, you can strengthen your case and avoid common pitfalls.
Evidence Preservation and Documentation
- Medical records: Document every visit, diagnosis, and treatment. Retain copies of prescriptions and therapy notes.
- Financial impacts: Keep a log of lost work hours, reduced earning capacity, and out-of-pocket costs.
- Photos and videos: Regularly update visual documentation of injuries and property damage as they heal or are repaired.
Start a dedicated folder—physical or digital—to organize all accident-related documents.
Communication Guidelines
Your statements to insurers, adjusters, or the other party can significantly impact your case. Follow these guidelines to avoid jeopardizing your claim:
- Limit discussions: Speak only with your attorney about fault or liability.
- Be cautious with adjusters: Insurance representatives may aim to minimize payouts. Avoid casual conversations and focus on the facts.
- Avoid social media: Posts about the accident, your injuries, or your recovery can be used against you.
Common Mistakes to Avoid
The aftermath of an accident is stressful, but avoiding these missteps can protect your claim:
- Delaying medical treatment: Waiting to seek care can weaken your case, as insurers may argue your injuries weren’t severe.
- Failing to document thoroughly: Missing details can lead to reduced compensation or disputes about the validity of your claim.
- Accepting fault prematurely: Never apologize or suggest responsibility without consulting an attorney.
Taking these steps ensures that your rights are preserved and that you’re in the best possible position to recover both physically and financially.
Getting Legal Help With Your Drunk Driver Case
When to Contact an Attorney
It’s essential to involve a skilled attorney as soon as possible after the accident. Early intervention can:
- Strengthen your claim: An attorney can gather time-sensitive evidence, such as surveillance footage or witness statements.
- Protect you from mistakes: Legal guidance ensures you don’t inadvertently harm your case by speaking with insurers or the other party.
- Navigate complexities: Cases involving drunk drivers often include unique legal avenues, such as pursuing punitive damages, that require experienced handling.
Delays in seeking legal help can allow critical evidence to fade and give opposing parties time to strengthen their defenses.
Available Compensation
Victims of drunk driving accidents may be entitled to various forms of compensation. These include:
| Type of Compensation | Examples |
|---|---|
| Economic Damages | Medical expenses, lost wages, property damage. |
| Non-Economic Damages | Pain and suffering, emotional distress. |
| Punitive Damages | Additional sums meant to punish the at-fault driver for reckless behavior. |
Your attorney will evaluate your case to ensure all potential damages are accounted for, maximizing your recovery.
Preparing for a Consultation
To make the most of your consultation, arrive prepared with key documents and information. This allows your attorney to quickly assess your situation and provide actionable advice.
Bring the Following to Your First Meeting:
- Medical records: Include bills, diagnoses, and treatment plans.
- Police reports: Essential for verifying fault and establishing the drunk driver’s intoxication.
- Evidence of damages: Photos, repair estimates, and proof of lost income.
- Insurance details: Your policy and any correspondence with the at-fault driver’s insurer.
Having these materials organized can expedite the process and demonstrate your commitment to your case.
Free Consultation Offer
One of the key benefits of working with Jack Bernstein Injury Lawyers is the ability to start your case without financial risk. A free consultation gives you the chance to:
- Discuss your case with an experienced attorney.
- Understand your legal rights and options.
- Determine the strength of your claim without upfront costs.
By choosing legal representation, you gain an advocate who will fight for your rights, handle the complexities of your case, and help you secure the compensation you need to move forward.
Our Location
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
