What to Do After a Drunk Driving Accident: A Legal Guide for Victims
Being hurt in a drunk driving accident can turn your life upside down in an instant. You're not just dealing with physical injuries, but also emotional trauma, financial strain, and a lengthy recovery process ahead. Knowing the steps to take immediately after the crash can make a critical difference in protecting your rights and your ability to receive fair compensation.
At Downs McDonough & Foley, LLC, in Durango, Colorado, we provide guidance informed by our extensive experience as personal injury attorneys. We step in to help crash victims manage medical care, insurance claims, and legal deadlines. Read on for more information about how to protect yourself and build a strong case with a personal injury attorney after a drunk driving collision.
Seek Immediate Medical Attention
Even if your injuries seem minor, it’s vital to get checked by a medical professional right away. Some serious injuries—like internal bleeding or traumatic brain injuries—may not show symptoms until hours or days later. A medical record that links your injuries directly to the accident is invaluable later in legal proceedings.
Once you’ve been evaluated, the next essential step is to gather evidence at the accident scene before details are lost or forgotten. This leads into gathering valuable documentation.
Gather Evidence at the Scene
Collecting solid evidence at the crash site increases your chances of winning a personal injury claim. Take photos of all vehicles involved, skid marks, street signs, and surrounding conditions. Obtain contact information from witnesses and law enforcement.
Some key factors to keep in mind include:
Photograph vehicle damages and surroundings, including road debris, traffic signals, and weather conditions.
Get witness statements and contact info while memories are fresh. Bystanders may recall important details.
Secure the police report number, and take note of the responding officer’s name and badge number.
Use your phone to track location and time stamps, assuring an accurate timeline for your attorney.
Disaster scenes can change quickly, so gathering this evidence promptly helps document fault and strengthen your case. With evidence secured, you should next understand how insurance works in these situations.
Notify Insurance Companies Promptly
After a drunk driving crash, you must inform your insurer—even if you weren’t at fault. Be careful: insurers often begin investigations immediately and may use your statements to minimize their payouts. Provide only basic facts and avoid admitting liability.
Document every contact you have with adjusters and insurance representatives. Save emails, call logs, and written correspondence. This documentation preserves a record of what was said and can be essential for your legal strategy. Once your insurance is in motion, the next priority is preserving all medical records.
Document All Medical Treatment and Costs
In cases involving drunk drivers, it's common for victims to have long-term injuries with mounting medical bills. Keep track of all medical visits, diagnoses, treatments, medications, and therapy sessions. Your medical records directly support the damages component of your claim.
Ask your provider for copies of bills and requests for anticipated future treatment. This documentation helps your personal injury attorney calculate total compensation—including costs you’ll incur years down the road. The strength of your claim will rely heavily on these records. Having organized medical proof sets the stage for filing a legal claim.
Review Colorado’s Dram Shop and Negligence Laws
Colorado law makes drunk drivers strictly responsible for accidents they cause, and victims can pursue additional claims under the state’s dram shop statute. This law allows you to hold businesses liable if they served alcohol to a visibly intoxicated person who then caused the crash.
To pursue a dram shop claim, your personal injury attorney must show that the establishment overserved and that this directly led to the drunk driver’s intoxication and crash. Linking these elements requires thorough documentation from the accident scene and statements from witnesses. Filing these claims properly is the next critical step toward seeking full justice.
Notify the Police and Obtain a Report
When a drunk driving accident occurs, always call 911 and wait for law enforcement to arrive. The responding officer may perform breathalyzer tests and file DUI charges against the driver. The official police report becomes a key piece of evidence later.
Once available, request a copy of the report and review it for accuracy. Take note of any witness names and the arresting officer’s statements. Share this report promptly with your personal injury attorney so it can be used to build your case. With this document in hand, you can proceed to filing legal claims.
Meet Colorado’s Statute of Limitations
Victims of drunk driving crashes must adhere to Colorado’s two-year statute of limitations for personal injury claims. Missing this deadline typically means losing the right to compensation. That’s why contacting a personal injury attorney as early as possible is crucial to preserve your rights.
Your attorney will guide you through correct claim filings, documentation, and deadlines right away. Don’t wait until the last minute—starting early allows time for thorough evidence gathering. With time sensitivity addressed, your case can move forward through initial legal filings.
Evaluate Settlement Offers Carefully
Insurance companies often make early settlement offers. While the amount may look tempting, these initial offers often fall far short of what you truly deserve. A personal injury attorney verifies that every economic and non-economic loss is taken into account.
Some key factors to keep in mind include:
Medical professionals should estimate future medical treatment needs such as surgeries or therapy.
Lost wages and diminished earning capacity resulting from ongoing injuries or disabilities.
Pain and suffering compensation for emotional trauma, loss of enjoyment, and PTSD symptoms.
Punitive damages, especially in DUI cases where the driver's conduct was grossly negligent.
A seasoned attorney will explain each part of your damages publicly and negotiate based on a full understanding of your long-term needs. If the offer remains inadequate, moving toward trial could deliver the justice you deserve.
Prepare for Trial if Needed
If the insurance provider refuses to offer fair compensation, your personal injury attorney may recommend taking your case to trial. This involves preparing pleadings, conducting discovery, and potentially working with expert witnesses. You’ll work with your attorney to plan trial strategy, damages presentation, and witness testimony.
At trial, your attorney will present the evidence you’ve gathered—like medical documentation, police reports, and witness testimony—to prove the defendant’s fault and your damages. They’ll stress the severity of your injuries and the driver’s negligence in operating a vehicle while intoxicated.
While the thought of trial can seem overwhelming, skilled legal advocacy significantly enhances your chances of full justice.
Handle Post-Judgment Enforcement
Winning a judgment is a major victory, but collecting on it may require additional steps. If the drunk driver or insurance company refuses to pay, your personal injury attorney can assist with garnishment orders or liens to enforce collection.
Enforcement may include wage garnishments, bank levies, or attaching a vehicle or home to satisfy the judgment. Your attorney will manage paperwork, court motions, and follow-up until you receive the full compensation awarded. Their continued effort assures that your case is resolved fairly from start to finish.
Protect Yourself Emotionally and Financially
While pursuing your legal case, it’s important to take care of yourself mentally and financially. Dealing with injuries, court deadlines, and insurance negotiations can be overwhelming on top of your recovery process. Support groups, mental health therapy, or community resources can help ease this burden.
Your attorney can also connect you with financial advisors who understand injury-related compensation and tax implications. This multidisciplinary support enables you to focus on healing while your legal and financial concerns are handled. Addressing your entire wellbeing helps build a stronger foundation for your future.
Learn How to Prevent Future Accidents
After enduring a drunk driving accident, you may want to take preventative or advocacy actions to protect your community. You can volunteer with local DUI awareness programs, share your story to raise awareness, or support legislative efforts for stricter DUI laws.
Many victims find that taking action helps them regain a sense of control and make a difference for others. Your personal injury attorney can provide guidance on safe advocacy, including testimony or participation in public awareness campaigns. Taking these steps may be an important part of the healing journey.
Dedicated Legal Advocates
If you've been hurt in a drunk driving accident in Durango or the surrounding region, don't let time slip away. Contact Downs McDonough & Foley, LLC today for a consultation.
Our experienced personal injury attorneys are ready to review your case, handle the legal work, and guide you every step of the way with confidence and care. We serve clients throughout Durango, Pagosa Springs, Cortez, and the Four Corners region. Call today.