A car accident involving a drunk driver is a medical emergency and a legal crisis that requires immediate attention. The steps you take in the days and weeks that follow can make a significant difference between receiving full compensation for damages and never knowing the truth.
Alcohol-related car accidents pose a great danger to road users in Nevada, resulting in thousands of fatalities across the country each year. If you seek legal help for those injured by a drunk driver, it is essential to understand the steps to take immediately after a car accident.
1. Call 911 Immediately
The National Highway Traffic Safety Administration (NHTSA) estimates that 13,000 people died in drunk driving accidents in 2021. If one is involved in a DUI accident, it is important to call the police immediately.
It is also important to tell the dispatcher that the other driver is suspected of being drunk. The police officers can then:
- Secure the scene
- Administer a sobriety test
- Schedule a chemical test
- Create a police report
2. Seek Medical Attention
Drunk driving accidents may involve serious injuries that require medical attention at a hospital. Even if you are not injured, it is also important to seek medical attention as soon as possible. This is because some injuries, such as internal bleeding or a brain injury, may not necessarily display symptoms immediately.
3. Gather Evidence at the Scene
If you are physically able, you should gather basic information before leaving the scene.
Take pictures of the following:
- Damage to vehicles
- Skid marks
- Road conditions
- Injuries
Also, get the contact information of witnesses, which can be used as evidence in support of charges of reckless or drunk driving.
4. Avoid Speaking in Detail With Insurance Companies
The insurance companies can contact you very soon. You have to be careful about the words you use.
You have to answer the questions briefly and truthfully. Do not guess about fault or the severity of your injuries.
It is important to remember that damages are normally very high in drunk driving accidents. This is why the insurance companies may attempt to cap damages.
5. Preserve All Records
It is important to retain all the documents that relate to the accident.
These documents include:
- Medical bills
- Prescription receipts
- Repair estimates
- Proof of lost work
- Police reports
This is important in determining both economic and non-economic damages.
6. Understand Nevada DUI Laws
Driving a vehicle with a blood alcohol concentration of 0.08% or higher is illegal in states such as Nevada. DUI is both a criminal act and a separate civil action for damages.
Even if the offender is at fault, a civil suit should be filed to seek compensation for the damages incurred. Punitive damages can also be awarded to the plaintiff since the offender has been reckless by driving while under the influence of alcohol.
7. Be Aware of the Filing Deadline
Nevada provides an individual with two years from the time of the accident to file a personal injury lawsuit. Failure to meet the deadline may result in an individual not receiving compensation. In addition, prompt legal action helps preserve evidence, such as surveillance and test results.
Key Takeaways
A drunk-driving crash requires immediate, careful action. Each step protects both your health and your right to compensation. What you need to know:
- Call 911 and ensure that the police document the DUI.
- Summon medical treatment immediately, even for hidden injuries.
- Take photos and witness statements at the scene.
- Beware of insurance adjuster statements.
- Keep medical and financial records.
- Nevada permits a civil lawsuit even when criminal charges are filed.
- Most DUI injury lawsuits must be filed within two years.
With prompt action and attention to evidence, you can recover the highest level of compensation and bring the drunk driver to justice for their crimes.
