What to Do if a Drunk Driver Hits You in Los Angeles

Getting involved in a car accident of any kind in California can be stressful and overwhelming. If you suspect that the other driver is intoxicated, however, this can change the trajectory of your claim and require you to navigate unique legal issues. If you get hit by a drunk driver in Los Angeles, legal experts in car accident lawsuits suggest to take the following steps to protect your legal rights as much as possible.

Call the Police

You should always involve the police after a car accident caused by an intoxicated driver. Call 911 from the scene of the accident to immediately notify local law enforcement. Explain that you believe the other driver is impaired.

The police will arrive to complete an investigation, craft a police report and potentially arrest the other driver on suspicion of driving under the influence (DUI). Make sure your version of events gets put on the police report. Do not admit fault for the collision.

You can continue to check in with the police after your accident for updates on the DUI criminal case against the drunk driver. If the individual is convicted, this can be used as evidence in your favor during your car accident claim.

Go to the Nearest Hospital for Care

Do not tell police officers that you are uninjured at the scene of your accident. Instead, tell them you aren’t sure and plan on getting medical care. Then, go to the nearest hospital immediately for a checkup. Your adrenaline may be hiding pain and other signs of injury. Common hidden car accident injuries include whiplash, traumatic brain injuries, back injuries and internal injuries. 

Collect Information and Evidence

If you can, gather evidence while still at the scene of the drunk driving crash. This can include pictures of both vehicles, photos of alcohol containers in the other driver’s car, eyewitness statements and nearby video surveillance footage. Write down a description of the car accident while the details are still fresh. Get your police report number to obtain a copy later.

As you recover from the drunk driving crash, document all of your losses. Take pictures of physical injuries and keep copies of your medical records and hospital bills. Get a vehicle repair estimate from an auto shop. Keep track of all expenses related to the accident, such as a rental car, transportation and legal fees.

File an Insurance Claim 

Since California is a fault state, getting hit by a drunk driver in Los Angeles allows you to file a claim with the intoxicated driver’s car insurance company for coverage. The driver should have liability insurance to pay for your medical bills and property repairs. If not, you can turn to your own car insurance company for primary or supplemental coverage.

Contact a Drunk Driving Accident Lawyer

Drunk driving accident claims in Los Angeles are different from standard car accident cases. California’s dram shop liability laws may allow you to seek financial compensation from a third party, for instance, to maximize your monetary recovery. The best way to navigate this type of claim is by hiring an attorney for a drunk driver accident lawsuit to represent you.

A specialized personal injury lawyer handling drunk driver accidents can give you legal advice and guidance at every stage of the claims process. For example, your lawyer can help you prove that the other driver is at fault for your accident and was intoxicated at the time of the crash. 

You can concentrate on healing while your attorney takes over negotiations with an insurance provider for you to achieve a fair settlement. If necessary, your lawyer can take your drunk driving accident case to court in Los Angeles County to make sure justice is served.