What to Do If an Accident Was Caused by an Intoxicated Driver

Drunk driving is a serious offense, but sadly, it is far from rare. In fact, in Texas there are over 26,000 alcohol-involved crashes every year. Being involved in an accident caused by an intoxicated driver can be even more traumatic than when an accident happens despite everyone trying their best. At the Gamez Law Firm, in San Antonio, TX, and throughout the state, our personal injury lawyers can give you the advice and guidance you need to recover the compensation you deserve after an accident.

What to Do If an Accident Was Caused by an Intoxicated Driver

There are a number of things you should do, and also some things to avoid if you have been involved in an accident where one of the other parties seems to have been drinking. Read on to find out how best to protect your health, your safety, and your rights in the aftermath of an accident.

Do

Move to a Safe Location

Your immediate priority should be the safety and well-being of all individuals involved. If possible, move to a safe location away from traffic. You should always be guided by the circumstances, such as visibility, weather, any injuries, and road conditions, before moving.

Seek Medical Attention

Even if you feel like you’re OK, it’s essential to seek medical attention promptly, as some injuries may not manifest immediately. Adrenaline from the shock of the crash can mask pain and obscure important symptoms, so it’s important to get checked out by a medical professional. If you suspect injuries, it is better to be safe than sorry; try not to move unless absolutely necessary so that you can avoid exacerbating your injuries.

Call Law Enforcement

Dial 911 to report the accident. In Texas, you are required by law to report any accident involving injury, death, or significant property damage. If you suspect the other driver is intoxicated, you should tell the dispatcher, as they will pass this on to the attending law enforcement officers. When they arrive on the scene, they will be able to conduct appropriate sobriety tests.

Exchange Details With the Other Driver

You are required to exchange your information with the other driver, including name, contact information, driver’s license number, license plate number, and insurance details. Do your best to remain calm and polite, and do not get drawn into a discussion of the accident or any recriminations.

Document the Scene

While you are waiting for authorities can be a good time to gather information, if you are able to. Take photos and video of the crash site, the vehicles, and any injuries that you suffered. Be sure to get details of skid marks and road conditions, as well as wider shots that show the bigger picture.

If there were any witnesses to the crash, see if they will give you their contact details or allow themselves to be filmed describing what they saw. This can be very helpful if you need someone to corroborate what happened.

It is also a good idea to take a little time to make a note of your own recollection of the accident while the memory is fresh. This will help make sure that you do not forget any important details later on. If the driver appears intoxicated, this is a good place to note down any observable signs, such as slurred speech or the smell of alcohol.

Do Not

Leave the Scene

You must remain at the scene of the accident until law enforcement officers have attended. Even if you were in no way at fault for the accident, leaving the scene can land you in trouble with the law.

Take any Risks

Your safety is the most important consideration when it comes to the immediate aftermath of an accident. Only leave your vehicle if you are sure it is safe to do so. Do not move more than you have to, and make sure you are checked over by a medic either before you leave the scene, or as soon as possible after you are given leave to go.

Get Into any Arguments

Emotions can run high after a crash, even when everyone is sober, and it’s important not to let yours get the better of you. Do your best to stay calm and do not let yourself get into any discussions or arguments about fault. It is much better, both for your safety and for any legal action you may wish to take in the future, if you keep any interactions with other involved parties polite and brief.

Remember that if someone has been drinking and driving, they are not likely to be in the mental state to make good decisions. Do your best to avoid any antagonistic comments, even if other people are being rude or unreasonable.

Afterwards

Do

Get Hold of the Police Report

The police report is one of the most important pieces of evidence in any subsequent legal proceedings. It will contain the officer’s observations, statements from involved parties, and any citations issued. This can be used to establish who was at fault for the accident and if the driver was intoxicated at the time. In Texas, you can obtain a copy of the police report through the Texas Department of Transportation’s Crash Report Online Purchase System or directly from the responding law enforcement agency.

Contact the Insurance Companies

In Texas, car accident insurance is provided on an at-fault basis, meaning that the damages are paid by the person who is most responsible for the accident. However, it is also a good idea to contact your own insurance company to let them know that you have been in an accident. If the driver who caused the accident is uninsured or underinsured, it may be possible to recoup some of the damages from your own insurance company, depending on your coverage.

Get in Touch With a San Antonio Personal Injury Lawyer

After an accident caused by an intoxicated driver, it is a good idea to engage an experienced personal injury attorney. Not only do we understand the best ways to deal with insurance companies when they present lowball offers, but we also know that an aggravating factor like drug or alcohol intoxication can be leveraged to increase payouts over and above what you might be awarded if you were in a crash with a sober driver.

If negotiations with the insurance company do not lead to a successful resolution, that is not the end of the road. We will be prepared to take your personal injury case to court if necessary by investigating carefully, gathering evidence diligently, and consulting with experts to advocate for your interests effectively.

If you or a loved one has been injured in an accident caused by an intoxicated driver in Texas, taking the right steps is crucial to protect your rights. Seek medical attention, document the scene, report the crash to law enforcement, and consult with a qualified attorney to explore your legal options. Texas law provides multiple avenues for victims to seek justice, so contact us today for a free case evaluation at the Gamez Law Firm, in San Antonio, TX. Let us fight for the justice and compensation you deserve.