Managing Partner
Getting into an accident with a drunk driver is a frightening event. You may suffer injuries, the full extent of which you probably won’t immediately comprehend. You also don’t know the mindset of the driver and what they might do after crashing into you.
The decisions you make after being in an accident with a drunk driver will determine both your physical well-being and your legal rights. After getting medical attention, reach out to the Long Island personal injury attorneys of Dell & Dean, PLLC.
Steps You Should Take Right After a Wreck
Drunk driving accidents are chaotic events that often leave victims unable to think clearly. However, for the sake of your health and your legal interests, focusing on the incident is critical. We recommend that victims do the following:
- Call 911: Report the incident right away to 911 dispatch. Ask for a police officer and request an ambulance if you or someone else is injured (or you are not sure).
- See a doctor or emergency room: Even if you don’t think you were injured, let a doctor make that call. Some injuries take several hours or days to show up.
- Exchange driver information: Swap names, contact information, vehicle and driver’s license information, and insurance information with everyone involved. If the drunk driver is hostile or unconscious, ask the police for assistance.
- Document the accident scene: Take pictures and record videos of the accident scene, including a description of the car that hit you and the driver. Doing this is essential since the driver may flee the scene.
- Ask eyewitnesses if they saw anything: If anyone observed the accident, get their names and contact information. Ask if they happened to record anything on video.
- Report to your insurance: Notify your insurance right away, but only report the basic facts of the details like time and identity of the drunk driver. Never admit fault, even if you think you caused it.
- Report to the New York DMV: Drivers in Long Island must report accidents to the New York DMV within 10 days if the accident resulted in death, bodily injury, or property damage exceeding $1,000 (including to the victim’s car). Do so by filing the MV-104 form.
- Speak with an attorney: Talk to a personal injury attorney at your earliest convenience. You should talk to a lawyer before talking to the drunk driver’s insurance company.
What Happens Next?
If the driver is apprehended, they will face criminal charges. Since New York is a no-fault insurance state, your insurer should pay for your medical bills and lost wages up to $50,000 through your personal injury protection (PIP) coverage.
However, if your injuries are more serious, you may be able to step outside the no-fault system and sue the driver. This will allow you to maximize your compensation and include losses that PIP does not cover, such as pain and suffering.
If the driver flees, report everything you know to the police. Long Island law enforcement will do what they can to locate the driver. You still have compensation options in a hit-and-run accident, including PIP and uninsured motorist (UM) coverage.
Are Other Parties Besides the Driver Liable?
Drunk drivers do not always carry insurance coverage. So even if the at-fault driver in your case is found they may not have an insurer you can go after for serious injuries (after you have exhausted your own PIP coverage).
Still, there are often third parties who can be held liable for drunk driving accidents. They may include:
- A bar or restaurant that served the drunk driver too much alcohol
- Another driver, if the accident involved multiple vehicles
- A negligent pedestrian or bicyclist who may have contributed to the crash
- The manufacturer of a vehicle or vehicle part if a defect was responsible
- A repair shop or mechanic that did poor work on any vehicles involved
- Governmental entities responsible for road work and maintenance
- Road construction crews that performed negligent work in the area
It’s important to relay as many details as you can remember to your Long Island car crash lawyer. Your lawyer can then investigate the accident and determine who can be held liable for your medical bills and other losses.
Retain Counsel for Your Drunk Driving Accident Case
Since drunk driving accidents can cause serious injuries and recovering compensation can be challenging, it’s vital that you speak with an attorney right away. Connect with Dell & Dean, PLLC. We can review the circumstances of your case and help you seek justice.
