Car Wrecks

What Happens if I’m Hit by a Drunk Driver?

By August 26, 2020 No Comments
dallas car accident attorney

Your Dallas Car Accident Attorney Shows you the Steps to Follow

You’re a good driver.  You’re safe, attentive, and able to avoid a collision if necessary.  While there’s a good chance that you’re above average when it comes to safe driving, studies show that you probably could do better.  In fact, 76% of Americans believe they’re terrific drivers.  But in reality, we make a whole lot of mistakes.

Enough with the guilt trip, what does this have to do with being hit by a drunk driver?  The fact is, even if you’re completely aware, a great driver, and following all safety rules of the road, you can be blindsided by a drunk driver at any time of day or night.  If that happens, you’re going to need a car accident attorney to help you navigate the tumultuous time ahead so that you can focus on recovering from injuries.

Steps to Receiving a Settlement that Covers Your Injuries

When you’re injured in an accident, no matter if you’re on a motorcycle, get hit by a semi-truck, hit by a drunk, or if the other person was completely sober, the insurance company is almost always going to make you an offer that looks enticing, but is far from good.  With the help of a car accident attorney, you’ll receive a fair compensation as we walk through the following steps.

Preserve Any Evidence You Can

In a major accident, where you have been severely injured, this is going to be difficult.  To help you navigate the difficult world of “what happened?” you may want to invest in a dash cam (and a rear mounted camera as well).  If you’re incapacitated, these cameras can still provide vital evidence of what happened.

If you’re not incapacitated, start with video and pictures of the scene of the accident.  When taking video, narrate what you saw happen, and show on camera the location and damage.

Check to see if anyone witnessed the accident.  An eye witness report will go a long way if your case ends up going to court.

Note any marks on the pavement, such as tire screech marks, that will wash away over time or won’t be replicable.

Anything that seems pertinent to the accident, take note of it.

Don’t Disclose any Information to Insurance Companies

As mentioned previously, insurance companies are going to be contacting you as they do their own investigation into what happened during the accident.  While their motives aren’t exactly immoral, they will be after some sort of confession from you that you did something wrong.

If you were hit by a drunk driver, you are the victim.  You have nothing to apologize for, and you don’t have to offer up any confession on how you could have been driving slower, taken a different route, or paid closer attention.  Instead, direct all of their questions to your Dallas car accident attorney.

Offering any information can end up being used against you and lowering the settlement you rightfully deserve.

Settling Now is not in Your Best Interest

There is no law that says if you don’t accept the initial insurance settlement, then you don’t get any settlement at all.  In fact, it’s quite the opposite.  When you can’t agree on a settlement, there are some different avenues that can be taken.

Your car accident attorney will be involved showing the insurance company that their offer was way too low.  Using calculations based on the actual cost of the accident, as well as factoring in pain and suffering, a new suggestion is made.  The goal is to settle the case without going to court over it.

If an agreement can’t be reached, it can proceed to a court case.

Most insurance companies will settle out of court as court proceedings are very costly to them, and often end up with a higher amount awarded to the victim.

The bottom line is that your first settlement offer is almost always the worst; waiting and letting your attorney help will help you receive fair compensation.

DUI Conviction Makes it a Lot Easier

Most of the time, assuming the offending party has insurance coverage, a DUI conviction will make it a lot easier to prove your case.

If you’re broadsided by someone under the influence, and you’re severely injured, the DUI conviction will mean the difference between someone not paying attention while driving, and someone blatantly abusing the rules of the road.

Get Help with a Dallas Car Accident Attorney

Most of us are pretty good drivers.  We put the phone down, we pay attention, and if we’ve had drinks we call for a ride.  But catastrophe can strike even those who are safe.  When that happens, you need Zach from Herbert & Eberstein on your side.

As a Dallas car accident attorney, Zach Herbert has helped countless clients deal with difficult insurance situations.  Reducing their stress, they can focus on recovering from injury and getting back to their lives.

Ready to talk about your accident and see if you have a case?  Then give us a call at 214-414-3808, or hop on over to our contact page and we can get in touch with you shortly.

Addresses

1202 E Arapaho Rd suite 140,
Richardson, TX 75081
Phone: (214) 414-3808
Fax: (214) 602-7156

101 Park Avenue Suite 1300,
Oklahoma City, OK 73102
Phone: (405) 256-8815
Fax: (214) 602-7156