When a driver makes the selfish choice to drive drunk, they’re putting the lives of many individuals at risk. If you were the victim of their negligent behavior, you may be unsure what action you can take to become whole again after your accident.
So, in this guide, we’re going to discuss the basics of what to do after being in an accident with a drunk driver. After reading the blog, if you need more assistance, call us at Warhawk – (405) 397-1717. Our skilled and experienced Oklahoma City drunk driving accident attorneys can help you answer any questions you may have.
Are Drunk Drivers Always at Fault for Causing an Accident?
A common question we get is if a drunk driver is always considered at fault for the accident.
No, that’s certainly not the case.
For starters, the civil action you may take as the result of a car accident and criminal action that may be taken against the drunk driver are two separate legal proceedings. Just because a driver was drunk in your accident doesn’t mean they were the sole cause of it. Under Oklahoma’s doctrine of modified comparative negligence, the amount awarded in ci 3vil cases can be reduced depending on how much an individual contributes to the accident.
However, if it is determined that the driver caused your accident, the fact that they were driving drunk will likely be used as additional evidence to support your case.
Steps To Take After Getting In An Accident With A Drunk Driver
Call The Police
It’s imperative in any motor vehicle accident to call the police. The drunk driver may try to dissuade you from calling the police but do not allow this to happen. Calling the police is your best bet of having the accident and situation at hand thoroughly documented.
Plus, this will allow the police to perform field sobriety tests on the drunk driver, making a paper trail for the potential criminal DUI/DWI proceeding to come later.
Collect Information from the Drunk Driver
While you should prioritize your safety when dealing with the aftermath of any car accident, try to collect information from the other individual. Gather their full name, contact details, driver’s license number, license plate number, and insurance information.
Documenting this information can be crucial for your insurance claim and any legal proceedings that may follow. Additionally, take note of the make, model, and color of their vehicle. Use your phone to take photos or videos of the accident scene, vehicle damage, and any visible injuries. This evidence can be invaluable in proving liability and the extent of damages.
Get Medical Assessment
Even if you feel fine after the accident, seeking a medical assessment as soon as possible is crucial. Some injuries may not be immediately apparent and can manifest hours or even days later. Medical records from this evaluation are essential for linking your injuries to the accident.
Contact an Oklahoma Car Accident Lawyer
After addressing immediate concerns like contacting the police and seeking medical attention, it’s wise to contact an experienced car accident lawyer in Oklahoma City. An attorney can guide you through the complexities of the legal process.
If you need help understanding your drunk driver accident, call us at (405) 397-1717.