Injured motorists often feel unsure of how to proceed after being hit by a drunk driver. With the complex legal, financial, and medical implications of such a crash, this uncertainty is hardly surprising. The psychological trauma alone can be paralyzing – before even considering physical disabilities. Fortunately, an injured plaintiff is never alone after being hit by a drunk driver. New York car accident lawyers can help patients access effective medical care, cover their missed wages, and address their psychological trauma. Although a few steps are worth taking immediately after a drunk driving crash, booking a consultation with Stufano Law is an obvious first move. Call (914)752-7746 to get started today.
Always Seek Medical Treatment After Being Hit by a Drunk Driver
The first priority after a drunk driving accident in New York is very simple: Seek medical attention as soon as possible. Legal and financial considerations can wait until after medical conditions have stabilized. Accept treatment at the scene of the accident, and accept transport to the nearest hospital. Follow through with procedures at the emergency room, and try not to worry too much about medical bills. Remember, a successful personal injury lawsuit covers these medical expenses.
Legal action is virtually impossible without evidence of legitimate injuries. If an injured plaintiff never seeks medical treatment after a drunk driving crash, they cannot use their medical records to prove the legitimacy of their injuries. Immediate medical treatment therefore has both legal and medical benefits. Follow up with doctors and specialists after emergency care and pay special attention to medical images, which may help illustrate the severity of injuries. These might include X-rays, CT scans, and MRIs. Even a slight delay in medical treatment can be problematic. From a healthcare perspective, injuries that seem light could be much worse than patients realize – especially traumatic brain injuries (TBIs). According to the National Institutes of Health, early treatment is critical for brain injuries after car accidents. From a legal perspective, insurers and defendants may argue that if a patient delayed treatment, their injuries could not have been particularly severe.
Help the Police With Their Drunk Driving Investigation
Although a drunk driving accident can certainly lead to a civil lawsuit, it should also lead to criminal charges. Driving while intoxicated (DWI) is an offense by default, but causing an injury is an aggravating factor that can lead to vehicular assault charges. According to Penal Law 120.03, vehicular assault in the second degree is a class E felony in New York. While criminal proceedings will not directly affect civil lawsuits, police DWI investigations can provide injured plaintiffs with helpful information as they pursue compensation. Perhaps the most crucial piece of information in this context is a chemical test result that shows the BAC (blood alcohol content) of the defendant. While police reports are hearsay and therefore inadmissible, a police officer can testify in court and explain what they personally witnessed in the aftermath of a drunk driving crash. These observations might include slurred speech, difficulty balancing, and Breathalyzer readings.
Local police departments can provide injured plaintiffs with helpful information, but the reverse is also true. After being hit by a drunk driver, it is in the best interests of the injured motorist to assist police with their investigations. Provide as much information as possible, especially if the accident was a hit-and-run. This information may help prosecutors secure convictions, and it may help police officers track down drunk motorists who have fled crashes. Keep in mind that the burden of proof for civil lawsuits is lower compared to that of criminal cases. Even if prosecutors fail to prove a DWI “beyond reasonable doubt,” an injured motorist could still prove negligent levels of intoxication with a “preponderance of evidence” (a lower standard).
Gather Plenty of Information After Being Hit by a Drunk Driver
After seeking medical treatment and cooperating with police investigations, gather as much information as possible. This information may involve injuries, psychological trauma, and the nature of the crash. A personal injury attorney at Stufano Law can help plaintiffs gather information during the discovery pre-trial phase.
Track Down Eyewitnesses
Various individuals may have witnessed the drunk driving crash, and these eyewitnesses can provide helpful testimony. Attempt to track down these individuals after the crash. Many injured plaintiffs obtain contact information from eyewitnesses immediately after their collisions. However, serious injuries may prevent motorists from exiting their vehicles and speaking with witnesses. An experienced New York injury lawyer may be able to find witnesses with effective investigative techniques.
Write a Journal
After incurring serious injuries in a New York drunk driving crash, it may be possible to pursue non-economic damages. These damages represent psychological burdens such as post-traumatic stress disorder (PTSD), loss of enjoyment of life, depression, and more. However, proving the legitimacy of non-economic damages often proves challenging because of their abstract, non-financial nature. One way to overcome this challenge is to keep a journal during the recovery process. Journal entries are admissible in court, and they can help highlight psychological challenges after being hit by a drunk driver.
Take Photographs if Possible
Most injured plaintiffs today have smartphones, and these can be powerful evidence-gathering tools in the aftermath of a drunk driving accident. Immediately after the accident, consider snapping a few photos of the crash scene. Photos of injuries can also be helpful. Photographs may capture the license plate number of the drunk driver, and this information can prove critical if a drunk motorist attempts to flee after causing serious injuries. Of course, it may be impossible to gather this photographic evidence after suffering incapacitating injuries.
Contact the Experienced Personal Injury Attorneys at Stufano Law
Although there are many steps to take after being hit by a drunk driver, real legal action begins with a call to an experienced auto accident lawyer in New York. The sooner injured motorists consult with legal professionals, the better. From that moment forward, they can focus on the road to recovery – while their lawyers focus on pursuing fair compensation. Every drunk driving accident is slightly different, and no amount of online research can provide personalized legal strategies based on unique circumstances. Call (914) 752-7746 to continue this important discussion with Stufano Law.
