Drunk driving accidents are an all-too-common reality on the road – even with costly punishments for offenders.
In Colorado, around 4 out of every 10 deadly car accidents involve impaired driving.
If you or a loved one has suffered an accident with a drunk driver, picking up the pieces can be a difficult process. In addition to physical injuries, victims commonly face emotional trauma, reduced quality of life, and financial hardships.
There is no excuse for driving while intoxicated. Those who choose to drink and drive – and cause an accident – must be held accountable. At Manning Herington Accident & Injury Attorneys, we’ve represented many victims of drunk driving accidents in our 30 years of experience in personal injury law. We understand this situation affects entire families – and we’re here to provide compassionate guidance in seeking justice.
In this post, we discuss what to do immediately after the accident and the legal steps involved in fighting for the maximum settlement.
The Initial Steps after a Drunk Driving Accident
The actions you take in the immediate aftermath of a car accident can have a huge impact on a subsequent personal injury case. If you suffer a serious injury, do your best to stay put and call 911. Trying to move around can potentially make your injuries worse.
If you can move, follow these steps:
Get to Safety
Move to a safe location out of the flow of traffic. Try to get to the shoulder of the road. Check yourself (and anyone else) for any visible injuries.
Call the Authorities
Call 911 immediately to report the accident. If you suspect the at-fault driver is intoxicated, be sure to mention this while you’re on the phone.
Document the Scene
This is super important after car crashes – whether it involves impaired drivers or not.
Take as many pictures and videos as you can to document the aftermath of the accident. Try to capture the license plate of the at-fault party, damage to your vehicle, and any visible injuries. If you see alcohol containers in the at-fault driver’s vehicle, try to capture photos of them.
Exchange Contact Information
While the authorities are on their way, get the name and phone number of the at-fault party. We recommend limiting your conversation with them. Do not get aggressive – this will not help your case.
If any witnesses saw the accident, get their information as well. This is especially important if the driver fled the scene.
Speak Clearly and Objectively to the Police
When the authorities arrive, do your best to stay calm.
Most importantly, DO NOT admit fault in any way – even if you feel partially at fault. Simply apologizing may imply that you were responsible, and can be used against you. State only the facts from your point of view.
Get Checked by the Medical Staff
An ambulance will arrive at the scene with the authorities. Even if you feel ok, always get an assessment from the medical team. Some car accident injuries – like a brain injury or spinal cord injury – can take time to show symptoms. These professionals are trained to spot the early signs and take action accordingly.
The report from this assessment will be used in a personal injury case.
Contact a Car Accident Injury Attorney
We usually recommend victims of car accidents to speak with an attorney before they contact their insurance company. This is because insurance companies are generally obligated to minimize payouts to victims – and may use tactics to negatively impact your ability to win rightful compensation.
In most firms, consultations are free. They will discuss your situation and advise you on what to say to the insurance company – and more importantly, how to say it.
Evidence that Factors into Drunk Driving Accidents
Many pieces of evidence come into play when building a personal injury claim after an accident with a drunk driver.
This typically includes (but is not limited to):
1. Police Report
This is a primary piece of evidence in a car accident injury case. In the event of a drunk driving accident, the report may include:
- Officer observations
- Blood alcohol concentration (BAC) test results
- Citations issued
2. Photos and Videos
When you take pictures and videos in the immediate aftermath of the accident, try to capture the following evidence:
- Accident scene: vehicle positions, skid marks, debris.
- Vehicle damage: detailed pictures of all vehicles involved.
- Personal injuries: document visible injuries with close-up and full-view photos.
- Road conditions: traffic signals, signs, lighting, and weather.
3. Witness Information
There may be several third-parties that saw the accident, or the events that led to the drunk driving accident. An attorney will work to gather the following information:
- Names, phone numbers, and written or recorded statements about what they saw, especially signs of impairment.
- If the at-fault party was at a bar before the accident, the bar staff may be called in as a witness.
4. Other Driver’s Information
This information will likely be included in the official police report – and will play a key role in the injury claim:
- Name, contact info, driver’s license, and insurance details.
- Observations of impairment: slurred speech, smell of alcohol, erratic behavior.
5. Sobriety Test or BAC Results
An attorney will coordinate with law enforcement to get the results of this test, which includes:
- Results of breathalyzer, field sobriety, or blood tests from law enforcement.
Trying to gather evidence without an experienced lawyer can be very difficult. These experts work with local authorities, accident reconstructionist teams, insurance companies, and more to make sure nothing gets missed after drunk driving crashes. This evidence is then used to build your case against the drunk driver.
Types of Compensation You May Be Entitled To
Victims of drunk driving accidents may receive several types of compensation. These are known as “damages”. Damages in drunk driving accidents are grouped into three categories: economic damages, non-economic damages, and punitive damages.
1. Economic Damages
Economic damages refer to the tangible financial losses victims incur from the accident. These would be medical bills, estimates for future medical care, property damage, lost wages (if the victim has to miss work due to injuries), and loss of potential income (if the victim suffers a permanent injury that impairs their ability to work).
If you’ve been injured in a drunk driving accident, you need to hold onto every invoice, receipt, and estimate for expenses incurred. These will be calculated into the personal injury claim.
2. Non-Economic Damages
These are the intangible damages suffered in an accident – including pain and suffering, emotional anguish, PTSD, reduced quality of life, and so on. Non-economic damages are more subjective, and there are no receipts or invoices attached to them.
If the accident has reduced your quality of life in any way, you deserve to be compensated for it. A drunk driving accident attorney will work with you to understand the depth of your struggles and place a monetary value on them.
3. Punitive Damages
Punitive damages are common in drunk driving accidents. These damages in a personal injury case are intended to punish the at-fault for making the reckless decision to get behind the wheel after drinking – and deter similar behavior in the future.
The car accident injury lawyer you hire will determine the amount of money that’s appropriate given the circumstances of the accident.
Common Mistakes to Avoid After a Drunk Driving Accident
Victims of drunk driving accidents sometimes make mistakes that weaken their cases. For example, delaying medical treatment or failing to keep records can hurt the claim. We recommend speaking to your doctor immediately after the accident, even if you think your injuries are minor.
Most importantly, never speak to the drunk driver’s insurance company without an attorney to provide guidance. It’s relatively common for these companies to ask questions that encourage you to admit fault. They may twist your words or get you to accept a low settlement.
Car accident attorneys understand these tactics used by insurance companies – and they can help to make sure you don’t fall victim to them.
The Importance of a Drunk Driving Accident Attorney
A car accident attorney is hired to advocate for victims and secure the highest possible settlement compensation. They manage all the heavy lifting of the legal process – which involves handling paperwork, negotiating with insurance companies, and, if necessary, representing you in court.
Most importantly, attorneys identify all possible sources of compensation. When victims try to represent themselves in drunk driving accident cases, they may overlook pieces of evidence that directly translate to the settlement.
Simply put, an attorney plays a key role in helping you avoid settling for less money than you deserve. They know how to calculate the full extent of your damages and fight for a fair outcome.
Get in Touch with Experienced Denver Auto Accident Attorneys
The first step in seeking compensation for a drunk driving accident is to make a consultation with a local car accident lawyer – one with experience in drunk driving accidents.
At Manning Herington Accident & Injury Attorneys, we’ve represented hundreds of drunk driving accident victims in Colorado. We provide FREE consultations to help you understand the depth of your case, legal rights, and the next steps to seeking justice.
Additionally, our firm operates on a contingency fee agreement. This means you pay us nothing out of pocket to take your case. We recoup our fees as part of the settlement after we win the case.
Send us a message online or call 720-515-3191 to get started.
