What to Do When You’re Involved in an Alcohol-Related Motor Vehicle Accident
According to data gathered by the National Highway Traffic Safety Administration (NHTSA), about one-third of all motor vehicle accidents in the United States involve drivers with blood alcohol content in excess of the legal limit. That means the chances of you being involved in an alcohol-related accident are significant. What should you do in the immediate aftermath of such a situation to best protect your legal rights?
Worry First About Your Health and Well-Being
There are things you can do just after a motor vehicle collision to help protect your legal rights, but your first priority should always be your health and the health of everyone involved in the accident:
- Do a self-assessment to determine the nature and extent of your injuries—Can you walk under your own power? Have you suffered any injuries to your head, neck, spine, or back? If so, you should probably stay right where you are until emergency responders arrive, provided you can do so safely.
- Immediately seek medical attention, regardless of the severity of your injuries—If you can’t move confidently under your own power, be willing to go to the hospital by ambulance. Even if you can leave the scene of the accident unassisted, go to the hospital or an urgent care facility when you leave the scene of the accident, or schedule an appointment with your primary care physician as soon as possible.
- Gather as much evidence as you can—Take pictures of everything that may be relevant to the accident, including your injuries, any damage to the vehicles, the roadway conditions, and even the weather. Get contact information from all parties to the accident, as well as any potential witnesses, so that your attorney will be able to contact them.
- Hire a lawyer—As soon as possible, retain an experienced personal injury lawyer, who can take swift action to preserve evidence and protect your rights
What If the Defendant Was Uninsured or Underinsured?
Statistics indicate that about a third of all DUI/DWI arrests involve repeat offenders. Those individuals generally have a more difficult time obtaining auto insurance or face substantially higher premiums; therefore, they are more likely to be underinsured or uninsured. Texas is not a “no-fault” state for purposes of auto insurance. When you are injured in an accident caused by the wrongful act of another driver, your first course of action is typically to sue that driver’s insurance provider. What are your options if there’s little or no insurance to be recovered?
- You may be able to file a claim under your own policy, provided you’ve purchased uninsured/underinsured motorists coverage.
- If the person who caused the accident was served alcohol at a bar, restaurant, or other commercial establishment, you may be able to make a claim against that commercial entity under the Texas dram shop laws.
Contact the Proven Drunk-Driving-Accident Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we know the devastating impact a personal injury can have on every area of your daily life. For more than 40 years, we’ve aggressively fought to protect the rights of personal injury victims across Texas, including people hurt in motor vehicle accidents caused by drunk drivers. In the decades since we established our firm, we have obtained hundreds of millions of dollars in judgments and settlements for injured people throughout the Lone Star State and across the nation. We will be your advocate throughout the legal process, from the investigation of your accident to the filing of a complaint, and through trial or other final resolution of your lawsuit. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
