Being involved in a car accident is a harrowing experience, but when a drunk driver is at fault, it can feel especially distressing. These incidents are not only dangerous but entirely preventable, making the aftermath even more frustrating. If you have been hit by a drunk driver, knowing the steps to take can make a significant difference in protecting your rights, securing the compensation you deserve, and ensuring your well-being.
This guide will walk you through the essential steps to take after an accident involving a drunk driver in Nevada, helping you prioritize your safety and legal standing.
Ensure Your Safety and Seek Medical Attention
Your safety and health should always come first. Immediately following an accident, pull over to a safe location (if possible) and assess any injuries you or others may have sustained. Even if you feel uninjured, remember that certain injuries may not manifest immediately due to adrenaline or shock.
- Call emergency services as soon as possible. Dial 911 to report the accident to the police and request medical assistance if needed.
- Get medical attention promptly. Visit a doctor or hospital to document your injuries, even if they initially appear minor. Maintaining medical records is crucial for any future legal or insurance claims.
Contact Law Enforcement
Drunk driving is a criminal offense in Nevada, and it’s essential to have law enforcement involved to hold the responsible party accountable.
- File a police report. Ensure that the responding officer documents the crash and collects details about the drunk driver. If the officer observes signs of intoxication, they can administer field sobriety tests or request a breathalyzer test.
- Request a copy of the police report. This report serves as vital evidence when pursuing compensation for your injuries and damages.
Collect Evidence at the Scene
If you are physically able, gathering evidence from the accident scene can strengthen your case against the drunk driver.
- Exchange information. Obtain the contact and insurance details of the driver involved, as well as the names and phone numbers of witnesses.
- Take photos and videos. Document the damage to vehicles, road conditions, traffic signs, and your injuries. Photographic evidence can provide a clear picture of what occurred.
- Note any observations. Record critical details, such as the time, location, weather conditions, and any behavior of the drunk driver (e.g., slurred speech, smell of alcohol).
Notify Your Insurance Company
After addressing immediate concerns, contact your insurance company to notify them of the accident. Provide them with factual information and avoid making statements that could downplay the severity of your injuries or suggest fault on your part.
While it’s important to report the incident promptly, refrain from accepting settlements or signing documents without consulting an attorney, as doing so could limit your ability to pursue full compensation.
Consult an Experienced Attorney
Navigating the legal fallout of an accident involving a drunk driver can be overwhelming, especially when dealing with injuries and insurance claims. Hiring an attorney who specializes in personal injury cases can help protect your rights and ensure justice is served.
- Why hire an attorney? A skilled lawyer can communicate with insurance companies, investigate the accident, and build a strong case on your behalf. They can also assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs.
- How attorneys handle drunk driving cases. Attorneys experienced in handling DUI-related personal injury cases can utilize evidence, including police reports, toxicology results, and witness testimony, to strengthen your claim.
Seek Compensation for Your Losses
Victims of accidents caused by drunk drivers may be entitled to pursue compensation for a variety of losses. These can include:
- Medical expenses: Costs related to treatment, rehabilitation, and therapy.
- Lost wages: Compensation for time away from work or reduced earning capacity.
- Property damage: Repair or replacement of your vehicle and other damaged items.
- Pain and suffering: Non-economic damages for physical and emotional distress.
- Punitive damages: Additional compensation meant to punish the drunk driver for reckless behavior.
An experienced attorney will help evaluate your case and identify all potential damages to secure the maximum compensation available.
Stay Aware of Nevada's Statute of Limitations
It’s crucial to act swiftly after the accident, as Nevada has a statute of limitations for filing a personal injury lawsuit. Victims generally have two years from the date of the accident to initiate legal action. Waiting too long could result in losing your right to pursue compensation.
Join a Community of Support
Recovering from the aftermath of a drunk driving accident can be an emotional and challenging process. Surround yourself with a support system of family, friends, and legal advocates who can guide you every step of the way. You don’t have to face this alone.
Moving Forward With Reno Drunk Driving Accident Attorneys
If you’ve been hit by a drunk driver in Nevada, you deserve justice and peace of mind. Taking these steps can help protect your health, rights, and financial security. At Viloria, Oliphant, Oster & Aman L.L.P., we understand how overwhelming this time can be, and we are here to support you through every facet of your recovery. Our drunk driving accident attorneys can assist you with your legal proceedings against that reckless driver and ensure you get maximum compensation.
Contact us today at (775) 227-2280 for a consultation, and together, we’ll work toward the justice you deserve.