Driving under the influence, often shortened to DUI, happens when someone operates a motor vehicle while impaired by alcohol or drugs. These substances have been proven to weaken a person’s cognitive and physical coordination. As a result, a motorist will have poor judgment and slower reaction times, increasing the risk of car crashes.
Knowing how to navigate the legal, medical, and ethical issues associated with a DUI accident is crucial, especially when property damages, serious injuries, and death are involved. Whether minor or serious, here’s what you should do following a car crash.
Immediate Actions at the Accident Scene
In the United States, about 37 people die daily due to drunk driving accidents, according to the National Highway Traffic Safety Administration (NHTSA). That’s one individual per 39 minutes or 13,505 preventable deaths in a year. However, many more are injured and facing long-term health issues. (1)
How you react after a car accident can potentially save your and other people’s lives. Prioritize safety and protection to minimize its implications:
Ensure Safety
Turn on the hazard lights and call emergency medical services immediately. It can be a good idea to move to a safe location.
Check for Injuries
Assess yourself and your passengers for injuries. You may expect to see blood in common injuries or fractures. But sometimes, an injured person may have internal bleeding or organ damage. So, don’t attempt to move seriously injured individuals unless it’s necessary for their safety.
Cooperate with Law Enforcement
Stay until the police arrive and provide accurate details about contact and insurance information.
DUI Tests
A police officer may perform a field sobriety or breath alcohol test if they suspect DUI or a person driving while intoxicated (DWI). The results of these tests can be used as evidence in DUI cases.
Blood alcohol concentration (BAC) levels of 0.08 or higher would legally qualify you for drunk driving in most states. Physiologically, though, our body’s functions are negatively impacted even with 0.02 blood alcohol levels. (2)
A field sobriety test is voluntary. However, in some states, you can face penalties; refusing a breathalyzer or blood alcohol test may result in license suspension and fines. The specifics of these penalties and their application can differ significantly from state to state. So, it’s advisable to be aware of the laws in your specific jurisdiction.
Don’t Give Out Unnecessary Information
Drunk drivers shouldn’t admit fault by apologizing or discussing alcohol consumption, as they can be held liable from both legal and financial perspectives. It’s a good idea to call your car accident attorney for proper guidance before proceeding to a police station.
Document the Scene
Capture photos of the accident site and the damages incurred by your vehicle and the other car. If you can, collect witnesses’ contact information, too, which could prove helpful should the car accident lead to a drunk driving case later on.
Keeping a sound mind is essential when entangled in a drunk driving incident. Regardless of the circumstances, remember that the parties involved can hire the lawyer of their choice.
Steps To Take in the Following Days
Moving forward after a drunk driving accident requires the help of a car accident lawyer, your insurance provider, and medical professionals.
1. Contact An Attorney
While considered an offense in all states, drunk driving laws vary from one jurisdiction to another. It’s best to seek the help of a car accident attorney to navigate the complexities and nuances of driving laws in every state.
For Victims
If you’re a drunk driving accident victim, it’s crucial to find experienced personal injury attorneys in your area. They can assist you in gathering evidence to prove legal liability and help you get the compensation you deserve—whether you’re dealing with a defendant or your insurance provider. These legal experts are skilled at negotiations and exploring out-of-court and legal options to help you obtain the best outcomes.
Start Gathering Evidence
Comprehensive documentation is required for legal and insurance purposes. That said, obtain copies of police reports and keep all medical records and bills. Also, include expenses for long-term care, as is the case for disabilities, spinal cord injuries, and traumatic brain injuries. Document lost wages and other expenses related to the car crash, too. Your lawyer can provide valuable insights on how to proceed and build your case.
For The Accused
Those who may be at fault must hire a defense lawyer to safeguard their interests. An accused might find themselves facing potential criminal and civil charges. So, having an advocate by your side can ensure your rights are defended throughout the process.
Criminal Liability
The state can file criminal charges even in the absence of property damage or harm against another person. But prosecutors must prove beyond reasonable doubt that the defendant was operating a motor vehicle while intoxicated.
Most states consider a first offense as a misdemeanor. Even so, repeated convictions can elevate this violation into a felony, which carries heavier penalties and fines. Although, a felony DUI charge can be filed against an impaired driver who inadvertently causes serious injuries or death—even if they don’t have prior convictions.
In general, a drunk driver can be sentenced to up to one year. Aggravating circumstances, including excessive blood alcohol levels, could result in higher fines and longer imprisonment.
Civil Liability
A drunk driving accident victim can file a personal injury lawsuit separately from the felony charges lodged by the state. Family members can also file a wrongful death claim if a car accident resulted in fatalities due to negligence or if it was intentional.
However, note that a civil lawsuit doesn’t result in jail time. A defendant who loses the case might be asked to pay significant amounts in accident claims and punitive damages.
2. File An Insurance Claim
Filing an insurance claim will depend on whether the accident site is an at-fault or no-fault state. The driver held liable for the car crash will shoulder the other party’s insurance coverage in at-fault states through personal injury protection (PIP). In no-fault states, both parties will have to file insurance claims individually. Policies typically cover both bodily injury and property damage liabilities for medical expenses and vehicle repair.
3. Consider Substance Abuse Treatment
Voluntary enrolment in alcohol or substance abuse treatment programs may lead to a more lenient sentence. Your willingness to do something to fix the problem could be helpful for your DUI defense or sway the legal proceedings in your favor.
The Financial and Societal Impact of DUI
The financial toll of driving under the influence can be overwhelming. The average spending for first-time offenders is pegged at USD$10,000 in legal fees and fines, and every year, some USD$58 billion is lost due to death and damages. (3)
Taking a proactive approach against DUI is crucial. Considering that young drivers are more likely to get involved in alcohol-impaired crashes, educating teens on the dangers and consequences of drunk driving can also help minimize accidents.
Final Words
Taking prompt and appropriate action is crucial in the aftermath of a DUI accident with injuries. Staying calm, prioritizing safety, seeking medical attention, and cooperating with police officers are a must.
After going through these immediate responses, it’s time to think about the immediate and long-term consequences, regardless of which side you’re on. Seek expert legal and medical guidance to help you navigate this complex and challenging situation.
References
- ‘Drunk Driving’, Source: https://www.nhtsa.gov/risky-driving/drunk-driving#:~:text=Every%20day%2C%20about%2037%20people%20in%20the%20United%20States%20die%20in%20drunk%2Ddriving%20crashes%20%E2%80%94%20that%27s%20one%20person%20every%2039%20minutes.%20In%202022%2C%2013%2C524%20people%20died%20in%20alcohol%2Dimpaired%20driving%20traffic%20deaths.%20These%20deaths%20were%20all%20preventable.
- ‘What Is A Blood Alcohol Test’, Source: https://www.webmd.com/mental-health/addiction/blood-alcohol-test#:~:text=0.03.%20You%E2%80%99re,quite%20a%20bit.
- ‘2024 Drunk Driving Statistics’, Source: https://www.bankrate.com/insurance/car/drunk-driving/#:~:text=Drinking%20and%20driving%20costs,fines%20and%20legal%20fees