Taking prompt action after a drunk driver hits you or your vehicle in Illinois can prove critical to protecting your right to obtain compensation for your resulting injuries and losses. Here are some of the steps you should take if you’re involved in a car accident with a drunk driver.
Contact the Police
First, you should report the accident to law enforcement. The police may choose to arrest the other driver for DUI. Furthermore, officers will create a police accident report that will serve as a critical piece of evidence in a car accident claim. Remember to request a copy of the police accident report after the crash. Should the police charge the other driver with DUI, you might use the arrest or conviction records as evidence of their fault in your accident claim.
Seek Medical Attention
Next, you should seek medical attention and treatment as soon as possible after the accident, even if your injuries seem minor or you do not feel any pain or other symptoms. A doctor can examine you to identify many injuries that may take days or weeks to manifest symptoms. Promptly documenting your injuries can help link them to the accident, strengthening your injury claim. Remember to obtain copies of your medical records of your treatment and rehabilitation, and keep copies of your invoices for recovery expenses.
Report the Accident to Your Insurer
You should also report the crash to your auto insurance company. Your policy may require you to notify your insurer of a collision within a specific period to ensure your eligibility for coverage. When you contact your insurer, you should avoid taking any blame for the accident or giving a recorded statement to the adjuster. Additionally, you should review your insurance policy to confirm the coverage available to you, such as uninsured motorist (UM), underinsured motorist (UIM), MedPay, or collision coverage.
Gather and Organize Your Evidence
After the accident, you should collect and organize relevant evidence you may have, such as copies of the police accident report, photos or videos you took at the accident scene, dashcam footage, or eyewitness statements. Reviewing your evidence can help you assess the strength of the claim you can file against the drunk driver or other at-fault parties.
Understand How Drunk Driving Laws May Affect Your Case
Understanding how state laws may affect your legal claim can prove critical to recovering compensation for your injuries. For example, Illinois’ drunk driving laws make it an offense to drive with a BAC of 0.08 percent or more or under the influence of controlled substances. As a result, a drunk driving conviction against the other driver may allow you to pursue a negligence per se claim against them, with the conviction serving as evidence of their negligence.
Contact an Experienced Illinois Car Accident Lawyer
Finally, you should speak to a car accident lawyer as soon as possible to review the facts of your case and determine whether you may have a viable legal claim against the drunk driver. An attorney can also help you document your injuries and expenses to pursue full compensation for your financial and personal losses.
If you were hurt in a crash caused by a drunk driver, you need experienced legal counsel to guide you through the process of pursuing compensation for your losses so you can focus on healing. Contact Bonifield & Rosenstengel, P.C., today for a free, no-obligation consultation with a drunk driving accident injury attorney to discuss the steps you need to take to protect your rights and interests.