There is almost nothing more dangerous on the road than an intoxicated driver. Drunk driving is extremely dangerous, and a lawyer can help you hold the intoxicated driver responsible for their inexcusable behavior.
Immediately after a crash with a drunk driver, you should call for emergency help. Once help is on the way, you can take steps to preserve evidence, like taking photos and exchanging information with witnesses. If the police are not already on their way, they should be called too. Working with the police is vital to your case. Since drunk driving is a serious offense, the police may investigate the crash and turn up evidence we can use in your lawsuit. While you can and should sue the drunk driver who hit you, you might have to wait until potential criminal proceedings are complete. In the meantime, we can collect evidence to prove the defendant is responsible for the crash.
Call our Westchester car accident lawyers at The Martello Law Firm, PLLC at (914) 685-6950 and schedule a free review of your case.
What You Should Do Immediately After Being Struck by a Drunk Driver in New York
The first thing you need to do immediately after being hit by a drunk driver is call for emergency help. If you can, call 911 and explain what happened. They should obtain your location and dispatch emergency medical personnel and law enforcement officials. If you are badly injured and cannot call for help on your own, someone else nearby should do so instead.
If you can, photograph and video record the scene while you wait for help to arrive. Accident scenes tend to be cleared away quickly since damaged vehicles cannot be left on the road for long. Your photos and videos might be some of the only recordings of the accident scene. On top of that, your photos and videos might help you if the other driver tries to dispute how the accident occurred.
Next, you should exchange information with witnesses while waiting for help. Numerous witnesses might have seen the whole thing depending on where and when your accident occurred. Drivers in other cars might have stopped to help, and you should get their names and contact information so they can provide statements and testimony later.
You must also exchange information with the other driver, if possible. Identifying the other driver is important for several reasons. First, you need their identity to file a lawsuit after speaking with an attorney. Second, you need their insurance information so you can file a claim. If the driver is unconscious or so intoxicated that you cannot get their information, wait until the police arrive, and they may help you identify the driver.
Working With Law Enforcement After Being Hit by a Drunk Driver in New York
After the police respond to the accident scene, they may conduct an investigation. Drinking and driving is a serious offense, and the police do not simply let drivers go with a warning. The drunk driver may be charged and prosecuted. It is important that you work closely with law enforcement for several reasons. First, they might turn up evidence our Yonkers car accident lawyers can use in a civil lawsuit. Second, if the other driver is convicted of a DUI, we can use that conviction as evidence to hold them civilly liable.
As the victim of the drunk driver, you might be an important part of the criminal case, and you should cooperate with law enforcement as best as you can. Even if the police only need minimal involvement from you, it is still a good idea to keep in contact with them about the case. We may need police reports to help us find evidence of our own.
Suing the Drunk Driver Who Hit You in New York
A lawsuit may be the best way to get full and fair compensation from the drunk driver who hit you. While insurance claims may be helpful, they are often limited, and drivers with severe injuries often do not get the coverage they need.
Speak to a White Plains car accident attorney about getting a lawsuit started. Lawsuits are known for being time-consuming, but lawsuits for drunk driving accidents may last even longer. Since defendants often face criminal charges for drunk driving and causing injuries to others, your civil lawsuit might be put on hold until criminal proceedings are completed.
The upside is that we may use the outcome of the criminal trial as part of your civil lawsuit. If the defendant is found guilty or enters a guilty plea, we can use that information as evidence in your civil lawsuit. A conviction may be very compelling to a civil jury since the burden of proof in a criminal case is so high.
Gathering Evidence to Prove Your Claims Against the Drunk Driver Who Hit You in New York
After the accident, you can take certain actions to help save valuable evidence before it is lost. One way is to take photos of the scene, as mentioned earlier. These photos may preserve details about the other driver, their vehicle, where the accident happened, and your car’s damage.
Security camera footage might be available if your accident occurred in view of a home or business, which is highly likely in a place like New York. If the entire accident from start to finish is recorded on video, that video footage might be the lynchpin of your case. It is important to try and find security camera footage fast, as videos might be quickly deleted.
In a drunk driving accident, a very important piece of evidence is the defendant’s blood alcohol concentration (BAC). This information is gathered by the police, usually after they arrest the defendant.
Call Our New York Car Accident Lawyers for Help with Your Case
Call our New Rochelle car accident lawyers at The Martello Law Firm, PLLC at (914) 685-6950 and schedule a free review of your case.
