Being hit by a drunk driver can be a deeply traumatizing experience. Whether in a car, truck, or motorcycle, the financial and emotional aftermath of such an event can feel enormous. In the days after a drunk-driving or hit-and-run collision, you may feel scared, unable to focus, and uncertain about your future.
If this situation sounds familiar, RKPT is here to help. For people injured in drunk driving accidents, our experienced attorneys have created a guide to outline your next steps and best practices. However, if a driver hits you while under the influence, there is no better advice than to speak with an experienced personal injury attorney. Call RKPT today for a free consultation.
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What to Do If You Are Hit By A Drunk Driver
Assess the scene. If you or a family member is involved in an accident with a suspected drunk driver, your safety and legal protection become especially critical. First, check for danger (like oncoming traffic) and check yourself and your passengers for injuries.
Call 911 immediately. Do not leave the scene unless staying would put you at risk. Promptly involving the police is essential, as officers will document the accident and likely conduct sobriety or breathalyzer tests on the impaired driver. Their report, which is required for any crash involving injury, death, or more than $500 in property damage, will be crucial evidence for your claims.
Gather evidence. While waiting for first responders, gather as much evidence as possible if it is safe. Capture wide and close-up photos of all vehicles, damage, license plates, injuries, road conditions, and any signs of intoxication (such as stumbling, slurred speech, or the smell of alcohol). Ask witnesses for their contact information and record brief statements. Make note of the behavior of the suspected drunk driver for legal documentation. Do not confront or accuse the other driver at the scene.
Seek medical attention. Get a medical evaluation even if you feel fine, as injuries may not be apparent right away. Prompt and thorough medical records directly linking your injuries to the crash are vital for your insurance to cover your medical costs.
Notify your insurance company. Letting your insurance company know about the accident is the next step for compensation. However, be careful to provide the basic facts only. Avoid recorded statements until you consult a personal injury lawyer, since drunk driving cases usually involve more complex insurance and legal steps.
Speak to a car accident attorney. Even if you end up not using a lawyer, speaking with one can help guide you through your next steps. Drunk driving cases often allow you to seek additional punitive damages and can involve criminal and civil procedures. An attorney will be able to investigate the accident further, handle insurance communications, and help ensure you recover the full value of your losses, pain, and suffering. Call RKPT at (513) 721-3330 today to schedule a free consultation.
What NOT to Do After Being Hit By A Drunk Driver
Following the advice above is critical after a drunk-driving accident, but so is avoiding the most common mistakes in such a situation.
- Never leave the scene of the accident.
- Always call 911, even if the crash appears minor.
- Avoid admitting fault or apologizing, as such statements can be used against you.
- Do not lose your temper; this can escalate the situation and affect how law enforcement views the crash.
- Do not forget to exchange information with all involved parties and witnesses.
- Never skip a medical evaluation just because you feel okay immediately after the crash.
- Do not post about the accident on social media or share unnecessary details publicly.
Hit By A Drunk Driver? Frequently Asked Questions
Do I always need to call the police after being hit by a drunk driver?
You should always call the police after being hit by a drunk driver. It is both a legal requirement and a critical step for protecting your rights.
If the accident results in injury, death, or property damage exceeding $500, which most collisions involving impaired drivers almost certainly will, Kentucky law requires immediate notification of law enforcement. When police arrive, they will investigate, gather statements, and conduct sobriety or breathalyzer tests on the other driver. Their official report becomes vital evidence for insurance claims, criminal prosecutions, and any civil lawsuits you may pursue against the drunk driver.
Even if the accident appears minor, calling 911 ensures that the event is documented, officers can assess the impaired driver’s condition, and emergency personnel can check for hidden injuries. Failing to report the accident or get a police report may weaken your ability to recover damages and can complicate the process of proving the other driver’s intoxication later. For your legal protection, always err on the side of caution and involve law enforcement any time you are struck by a suspected drunk driver.
What information will be included in a police report?
A police report documenting an accident involving drunk driving will include several key pieces of information to provide a full record of the crash. Generally speaking, these reports contain the date, time, and location of the accident, along with detailed descriptions of road conditions, weather, the manner of collision, and a diagram showing the vehicle positions and points of impact.
Officers will also record the personal and insurance information of all drivers and passengers involved, vehicle details, eyewitness accounts, and any contributing factors to the crash, such as suspected intoxication. The police report will note any observations or evidence of intoxication, such as failed field sobriety tests, breathalyzer results, slurred speech, or the smell of alcohol.
The officers’ firsthand account will be particularly important in drunk driving cases, as it often includes the details that establish impairment and potential fault. The report also specifies whether citations for DUI or related violations were given, lists any injuries or fatalities, records statements made at the scene, and documents any medical treatment provided or hospital transport. This thorough documentation serves as crucial evidence in both criminal and civil proceedings stemming from a drunk driving accident.
If you have filed a police report in the state of Ohio and would like to review it, you can do so here.
When should I see a doctor after a drunk driving accident?
You should see a doctor as soon as possible after being involved in a drunk driving accident, even if you do not think you have been seriously injured. Many common car accident injuries, such as whiplash, internal injuries, or concussions, may not present symptoms immediately but can become severe if left untreated. Prompt medical attention allows for early detection and treatment of injuries, which is important for your health and helps prevent complications later.
Ideally, try to be evaluated by a healthcare provider within 72 hours of the accident, or sooner if you have concussive symptoms or visible injuries. Even if several days have already passed, it is still important to get checked by a doctor as soon as possible for both your health and your legal rights. Ohio’s statute of limitations is two (2) years after the event; you will need to file a legal claim within that time frame, and the earlier you can identify your medical concerns, the better.
Read More for RKPT: Should I Get Medical Treatment After A Car Accident?
If you need legal assistance with your drunk-driving case, call RKPT: (513) 721-3330.
What if the drunk driver leaves the scene of the accident?
If a drunk driver leaves the scene, call 911 and remain at the location of the crash. Do not attempt to chase or follow the fleeing driver, as this can be dangerous and may put you at further risk.
While speaking with the emergency dispatcher, give as many details as possible about the vehicle and driver, including the make, model, color, license plate, and any distinguishing features. Local law enforcement will use this information to search for the hit-and-run driver, often while en route to your location.
Seek medical attention promptly for your injuries and keep all medical documents, as they will be important for your insurance claim and any possible legal action. Follow the advice above to preserve the integrity of your claim, and speak with a personal injury attorney to explore your legal options.
How long do I have to file a legal claim in a drunk driving incident?
In Ohio, you generally have two (2) years from the date of the accident to do so. This statute of limitations applies to most personal injury cases, including those resulting from drunk driving, and the countdown starts on the day of the crash. Failing to file your claim within this two-year period typically results in losing your right to seek compensation through the courts, so it is best to start the legal process as early as possible.
In Kentucky, the time frame is even shorter: you generally have only one (1) year from the date of the injury to file a personal injury lawsuit against a drunk driver. There can be rare exceptions based on when the injury was discovered, but for most car accident and drunk driving cases in Kentucky, missing the one-year deadline will bar your claim.
RKPT strongly advises victims of drunk driving accidents to speak with an attorney as possible after the accident. Call (513) 721-3330 for a free case consultation.
Do I always need a car accident attorney after being hit by a drunk driver?
You are not legally required to hire a car accident attorney after being hit by a drunk driver, but consulting one is highly recommended. If you have significant medical bills, lost wages, or issues with insurance, an attorney can help ensure negotiations that may otherwise attempt to minimize your compensation.
Even in less severe cases, seeking legal advice can be beneficial because insurance companies often seek to settle quickly and for less than your claim may be worth. Most attorneys offer free consultations and work on a contingency fee basis, so there is typically no risk in discussing your options. Ultimately, while you can file claims on your own for minor cases, representation is a wise choice when dealing with serious injuries, uncooperative insurers, or the complexities that commonly arise after drunk driving accidents.
If you were hit by a drunk driver, call RKPT at (513) 721-3330 today to schedule a free consultation.
Speak to a Cincinnati Personal Injury Lawyer
The Cincinnati Car Accident Lawyers at RKPT Are Here To Help.
Drunk driving events can be immensely stressful, especially if you don’t know where to turn for guidance and answers. We hope this guide has been helpful. If you have any additional questions or wish to speak with a personal injury lawyer specializing in drunk driving cases, please reach out to us as soon as possible.
We work with car, truck, rideshare, motorcycle, and even wrongful death cases involving drunk driving and hit-and-run events. Call RKPT today for a free case consultation: (513) 721-3330.
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