Car accidents are traumatic, but being hit by a drunk driver adds an additional layer of frustration and anger to an already overwhelming situation. The physical and emotional toll, paired with the legal complexities, can make it difficult to know what to do next. If you or someone you know has been involved in such an incident in Colorado, it’s crucial to understand your rights, the steps to take, and how to protect your future.
1. Prioritize Safety and Call for Help
Your safety is the most important priority. Take a moment to assess your situation and ensure that everyone involved is okay. If there are injuries, call 911 immediately. If you are able to, move to a safe location away from traffic, but only if it doesn’t worsen any injuries.
When speaking with emergency responders, provide clear and concise information. The police report they create will be a key piece of evidence in your case, especially if the driver shows signs of intoxication.
Key Tip:
Even if the accident seems minor, it’s essential to involve law enforcement. A police report documenting the driver’s intoxication can significantly impact your ability to hold them accountable.
2. Gather Evidence at the Scene
If you’re physically able, start collecting evidence while waiting for help to arrive. This information can be critical in strengthening your personal injury claim later.
- Photos and Videos: Take pictures of your vehicle, the other driver’s car, any visible injuries, the surrounding area, and any relevant road signs or signals.
- Witness Information: Talk to anyone who witnessed the accident and ask for their contact information. Witness statements can provide valuable testimony about the driver’s behavior.
- Driver's Details: Obtain the drunk driver’s name, contact information, driver’s license number, and insurance details. Note if they appear intoxicated (e.g., slurred speech, alcohol odor, erratic behavior).
Key Tip:
Avoid confrontations with the drunk driver. It’s best to stay calm and leave further communication to law enforcement and legal professionals.
3. Seek Medical Attention
Even if you feel okay after the accident, some injuries may not be immediately apparent. Internal injuries, whiplash, or concussions can develop over time, so getting medical attention promptly is crucial.
A medical professional can document your injuries, which creates a vital piece of evidence for your claim. Additionally, proper diagnosis and treatment ensure you recover as fully and quickly as possible.
Key Tip:
Keep copies of all medical records, bills, and doctor’s notes. This documentation supports your claim for compensation, proving the extent of your injuries and associated costs.
4. Report the Accident to Your Insurance Company
Notify your insurance company about the accident, providing them with accurate and honest information. Most policies require timely reporting, so don’t delay.
However, keep discussions concise and avoid admitting fault. Even seemingly harmless statements, like "I might have been a little distracted," can be used against you.
Key Tip:
Before agreeing to a settlement or providing a recorded statement, consult an attorney. Insurance companies often aim to minimize payouts, and an attorney will ensure your rights are protected.
5. Understand Your Legal Rights in Colorado
Drunk driving is not only reckless but illegal. Colorado law allows victims of drunk-driving accidents to pursue compensation for their damages, including:
- Medical Expenses: For hospital visits, surgeries, therapies, and ongoing treatments.
- Lost Wages: Compensation for time missed from work due to your injuries.
- Pain and Suffering: For the emotional distress and physical pain caused by the accident.
- Property Damage: To repair or replace your vehicle and any other damaged belongings.
Additionally, you may be entitled to punitive damages. These are intended to punish the drunk driver for their behavior and deter others from engaging in similar reckless actions. Speaking with an experienced personal injury attorney is essential to evaluate your case and calculate the full extent of the damages you can claim.
Key Tip:
Colorado follows a “comparative negligence” rule. This means your compensation may be reduced if you’re found partially at fault. Having a lawyer on your side can help minimize these risks.
6. Consult an Attorney Specializing in Drunk Driving Cases
If a drunk driver has hit you, you don’t have to go through this alone. An experienced personal injury attorney will guide you through the legal process, deal with insurance companies on your behalf, and fight to get you the compensation you deserve.
Look for an attorney with a proven track record in handling drunk-driving accident cases. They will understand the unique challenges of these claims and ensure the drunk driver is held accountable.
Key Tip:
Many personal injury attorneys offer free consultations and work on a contingency fee basis. This means you don’t pay unless they recover compensation for you.
7. Lean on Your Support System
Recovering from a drunk-driving accident can be overwhelming, both physically and emotionally. Lean on friends, family, or local support groups to help you through this tough time. Seeking therapy can also help you process the trauma and regain a sense of normalcy.
Community Note:
Colorado has a strong network of organizations that support accident victims. Don’t hesitate to reach out for help when you need it.
Denver Motor Vehicle Accident Attorneys Are Here to Help
Being hit by a drunk driver is a life-changing event, but having the right legal representation can help you get the justice and financial compensation you deserve. If you’re unsure where to start or need help navigating legal complexities, reach out to a trusted personal injury attorney near you.
At Leventhal Swan Taylor Temming PC, we’ve helped countless accident victims across Colorado secure the compensation they deserve. Our team is here to provide guidance, advocacy, and peace of mind every step of the way. As a client, we'll help you recover medical expenses, lost wages, property damage, and more.
Don’t wait. Contact us today at (719) 689-8767 for a free consultation and take the first step toward justice after a car accident.