Being involved in an accident with a drunk driver can be overwhelming, especially during the hectic period after New Year’s. If you’ve been hit by a drunk driver in Houston, it’s crucial to act quickly to protect your health and legal rights. In this guide, we’ll cover what to do in the first 48 hours after the crash to ensure you take the right steps towards recovery and justice.
Immediate Actions After a Drunk Driving Accident 
When you’re hit by a drunk driver, especially after the excitement of the New Year’s holiday season, emotions can run high. Your first priority should be your safety and well-being. The moments immediately following the accident are critical, both for your health and the evidence you will need to pursue a legal case. In Houston, there are laws that require specific actions to be taken, and failing to do so could hurt your chances of getting the compensation you deserve.
- Call 911 and Report the Incident
If you haven’t already done so, immediately call the police. Even if the accident appears minor, it’s important to have an official report. Houston law mandates that accidents involving significant property damage, injuries, or fatalities must be reported to law enforcement. The police will come to the scene, document the accident, and assess the situation, which could include taking a breathalyzer test on the drunk driver. If the driver is found to be under the influence, this can significantly impact their liability for the accident. - Seek Medical Attention
After an accident, your adrenaline may mask pain or injuries. This is especially common in cases where you might not feel the effects of whiplash, concussions, or other internal injuries immediately. Even if you don’t feel injured, it’s vital to seek medical attention right away. A doctor will check for hidden injuries and provide you with documentation that could serve as proof of your injuries in the future. This step can be crucial for filing insurance claims and pursuing compensation for medical bills and other damages. - Collect Evidence at the Scene
If you’re physically able, gather as much evidence as possible at the scene. Take photographs of your vehicle, the other vehicle involved, and the surrounding area. If there are any skid marks, property damage, or visible signs of intoxication, make sure these are captured on camera. Additionally, try to write down details about the crash while the memory is fresh in your mind. Information about the location, time, and conditions can later help in establishing the cause of the accident. - Get Contact Information
Exchange names, phone numbers, addresses, and insurance information with the other driver. If possible, obtain the contact information of any witnesses who might have seen the crash unfold. This is helpful in case the other driver disputes the events later on. Witness statements can make a huge difference when proving liability in your case.
What to Do Within the First 48 Hours
Once the accident scene has been cleared and you’ve taken care of immediate medical and legal concerns, the next 48 hours are crucial for securing evidence, contacting insurance companies, and preparing for the next steps. This is the period where you’ll need to lay the groundwork for your legal case.
- Contact a Personal Injury Lawyer
If you were injured in a drunk driving accident, contacting a personal injury lawyer is one of the most important steps you can take. While you may feel like you can handle the insurance claims on your own, having a lawyer specializing in drunk driving cases can make a big difference. Drunk driving accidents often involve complicated legal issues, including proving negligence, dealing with insurance companies, and ensuring that your rights are protected. A lawyer can guide you through the process, help gather necessary evidence, and ensure that you don’t miss critical deadlines. Bowen Law Firm, PLLC in Houston is ready to assist victims of drunk driving accidents. - File an Insurance Claim
It’s important to notify your insurance company as soon as possible. In Texas, your car insurance policy may require you to report an accident promptly. Provide the details of the crash to your insurance company, including the police report and medical records. In cases of drunk driving, the at-fault driver’s insurance should cover your damages, but you might need assistance navigating these claims, especially if the driver is uninsured or underinsured. Your lawyer can help you file the claim and negotiate a settlement with the insurance company. - Avoid Giving Statements Without Legal Advice
After a drunk driving accident, you may be contacted by the other driver’s insurance company or their attorney. Do not provide a statement or sign any documents without first consulting your lawyer. Insurance companies may try to settle quickly for a low amount, or they may attempt to use your words against you to minimize their payout. Having a lawyer by your side ensures that you do not inadvertently make a mistake that could harm your case.
Why Timing Is Critical in the First 48 Hours
In the aftermath of a drunk driving accident, acting swiftly can be the difference between receiving the compensation you deserve and losing important rights.
- Preserving Evidence
The more time that passes, the harder it can be to gather evidence. Witnesses may forget key details, and physical evidence such as skid marks may disappear. Having your lawyer collect and preserve this evidence in the first 48 hours will provide you with a strong case if you choose to pursue a lawsuit. - Statute of Limitations
Texas has a statute of limitations for filing personal injury claims. This means you have a limited amount of time to file your lawsuit and seek compensation. In Texas, the standard statute of limitations for personal injury claims is two years from the date of the accident. However, by acting quickly, you can ensure that all the necessary documents are filed and that your case is not delayed. - Securing Early Compensation
Filing your claim quickly increases the chances of recovering compensation sooner. This means that you can cover medical costs, vehicle repairs, lost wages, and other expenses in a timely manner. The quicker you act, the sooner you can focus on your recovery instead of dealing with financial burdens.
If you’ve been involved in a drunk driving accident in Houston, the aftermath can feel overwhelming. Bowen Law Firm, PLLC is here to provide the legal assistance you need. Our team of experienced personal injury attorneys is well-versed in the complexities of drunk driving cases and will guide you through every step of the process. From filing insurance claims to taking legal action against the responsible party, we’ll ensure your rights are protected and that you receive the compensation you deserve.