Knowing what to do if you are hit by a drunk driver in Conway, Arkansas is important so you can protect yourself. You should receive medical treatment, file a police report, gather evidence, and hire a Conway drunk driving accident lawyer to protect your rights and help you pursue your claim. Taking these steps can help you secure a more favorable outcome in your case.
Pursue Medical Treatment Right Away
The National Highway Traffic Safety Administration (NHTSA) reports that 32 people are killed daily in the U.S. due to impaired driving. Even more individuals may suffer injuries in these types of collisions. As such, one of the first steps to take if you are hit by a drunk driver is to call 911 and receive medical attention.
Visible injuries after an accident may only be the tip of the proverbial iceberg. Adrenaline can prevent you from feeling all of your injuries, and others may be delayed or internal. Receiving medical attention right away allows you to get treatment and also find out what other serious conditions you may have suffered.
Failing to receive medical attention can significantly impact you in two ways. First, untreated injuries and conditions can worsen and cause greater damage or complications. For example, what feels like a headache could turn into swelling or bleeding in the brain, which can create additional issues.
Secondly, documenting your injuries immediately can make or break your case. A medical exam can thoroughly assess and accurately record the full scope of your injuries. Insurance companies scrutinize your medical records and how long it took you to be treated, so it’s essential to avoid delays.
Report the Accident to the Police and File a Report
After a collision with a drunk driver, it’s imperative to call the police. Not only was the other driver engaging in illegal behavior, but you suffered injuries and damages because of their actions. When you contact law enforcement, you can report the other driver and file a police report with the Conway Police Department.
A police report documents all relevant factors pertaining to the accident. This includes the names of the parties involved, angle of the collision, the other driver’s BAC level (if a breath test was administered), the damage that was caused, your injuries, and so much more. A police officer may also take photos and get statements to include in the report, so there’s a comprehensive account of the accident.
A police report is an official record of the event, so it can be used as evidence to show what occurred. As such, it is important to obtain a copy of the police report for your records. You can generally purchase a copy of the police report online or in person.
Start Collecting Evidence As Soon as Possible After an Accident
Evidence is a critical component in any legal case because it reinforces the claim you are making. It can also be used to refute counterclaims by showing the other driver’s role in the accident. To optimize your case for maximum results, you should collect a wide variety of evidence as early as possible.
Right after an accident, you can take photos and videos of the scene, damage to your car, injuries, and more to show what occurred. If possible, try to get contact information or witness statements from those who saw the collision. The police report you file and your medical records are also important forms of evidence to keep.
In the days after the collision, continue to gather evidence by gathering financial documents of your various expenses. This may include repair estimates for your vehicle, as well as documents showing your income information. To recover losses related to your pain and suffering, keep journals of your days and get statements from family and mental health professionals.
In addition to these forms of evidence, lawyers can work to collect evidence you may not have access to, such as dashcam or surveillance footage, bar receipts to corroborate the alcohol consumption, or toxicology reports, among other forms of evidence.
We may also enlist the aid of expert witness testimony to strengthen your case and provide clarity. This may include someone who can help with accident and timeline reconstruction, or a medical professional who can speak to breath or blood test data.
Every piece of evidence in your case works to provide a thorough picture of the crash and the events leading up to it.
Hire a Lawyer to Help You With Your Claim
The aftermath of an accident can be very overwhelming and leave you feeling shaken. The pain of injuries, emotional suffering, and the stress of what to do next may occupy all of your thoughts, and pursuing a legal claim can feel like one more task and one more expense on the list of everything you must contend with. By hiring a lawyer, though, you can focus on what matters most while our team handles your case.
While you must tell your insurance company about the accident, you should hire a lawyer before taking any further action. A lawyer can be your voice throughout your case so you do not jeopardize the outcome of your claim. A lawyer can also outline your options and provide counsel so that the claim you submit is as strong as possible.
Clients who hire legal representation often get better results because lawyers have extensive legal knowledge and finely-tuned communication skills. Our team knows how to handle a variety of situations, what counterarguments and obstacles may arise, and what tactics the insurance companies use to reduce settlement values. We aggressively negotiate on your behalf so you can be confident that you are not losing compensation.
To ensure you receive representation when you need it the most, Horton Personal Injury Lawyers works on contingency. This means that you do not pay any fees unless we win your case, at which time we deduct an agreed-upon amount from your settlement. Not only does this allow you to hire a lawyer without added financial stress, but it also ensures that you and your lawyer share a common goal.
Prepare and Submit Your Claim to the At-Fault Driver’s Insurance Company
After hiring a lawyer, work with them to prepare your accident claim. Our attorneys help you fill out the appropriate paperwork, gather evidence, and build a case that can establish the drunk driver’s liability. We also draft a demand letter that details the losses you suffered, how much they are valued at, and how much compensation you are requesting.
From here, we communicate with the insurance company as they review your case and provide additional evidence, as needed. We fight back if they try to resist paying you and carefully review any settlement offers they make. Our attorneys negotiate until we reach a settlement that is fair and covers most, if not all, of your losses.
There may be times when you run into strong resistance, and settlement negotiations are not enough to get the settlement you deserve. When this happens, you may need to file a lawsuit and take your case to trial. This can be a long, complicated, and expensive process, but it can be a viable option to recover your losses.
Be sure to work closely with the lawyer representing you throughout your case and communicate openly with them. This helps ensure they can effectively help you and target their efforts more efficiently. Our firm is committed to you and getting results at every stage of your case.
You Have a Legal Right to Hold a Drunk Driver At Fault for Your Losses
When you have been hit by a drunk driver, it can feel like so much has been taken from you. However, you are not without legal rights. Arkansas law allows you to take certain actions as a way of helping to regain a sense of wholeness and get justice when you have been wronged.
You have the right to hold at-fault parties accountable for their actions and recover compensation. To do this, you must provide evidence that directly links the other driver to the accident. Our firm can walk you through how car accident attorneys establish liability to establish favorable outcomes when taking on your case.
To begin with, we establish that the other driver owed you a duty of care, which included not getting behind the wheel of a vehicle after drinking. Next, we contrast this duty with evidence of how they breached it by drinking and caused an accident that harmed you. You suffered damages because of their actions and hold them responsible for paying for them.
While this is a standard process in a personal injury claim, we customize our arguments to fit the details of your case. This allows us to fight for you more effectively and get better results that sufficiently meet your needs after a drunk driving accident. We also reinforce every argument we make with the evidence collected in your case.
Early Action Can Help You Recover a Better Settlement After You Have Been Hit by a Drunk Driver
By taking proactive steps after an accident with a drunk driver and gathering evidence, you can better position yourself to secure a more favorable outcome in your case. Recovering losses requires that they are thoroughly documented and correctly valued. The amount of compensation you can receive is closely tied to the specific losses you suffered, which may include:
- Medical costs, including the cost of long-term care
- Rehabilitative therapies and supportive medical resources
- Lost wages or earning potential due to injury
- Property damage expenses
- Physical and emotional pain and suffering
- Depression, anxiety, and/or PTSD
- Emotional anguish
- Lost quality of life, enjoyment, or companionship
The specific losses you can recover are dependent on the actual losses you suffered. How much they are worth is impacted by your actual expenses, the overall severity of your losses, the at-fault driver’s policy limits, and whether you shared fault for the accident in any way. Each of these aspects is factored in when determining how much you are entitled to recover.
It is important to work with an experienced lawyer to ensure that you receive the maximum amount you are eligible to receive. Other parties may try to take advantage of your vulnerabilities to reduce your compensation, but a lawyer communicates for you so you do not risk losing compensation. This may include punitive damages or wrongful death claims. Horton Personal Injury Lawyers are committed to aggressive negotiation to recover as many of your losses as possible.
Initiate Your Drunk Driving Accident Claim Before the Statute of Limitations Expires
Your claim for a drunk driving accident is subject to time limits that affect your right to take legal action. Known as statutes of limitations, they govern the amount of time you have to file your claim before losing your legal right to recovery. They are designed to balance flexibility with a timely resolution.
In Arkansas, you have three years (A.C.A. § 16-56-105) to pursue a claim against a drunk driver. It is important to avoid delays and hire a car accident lawyer as soon as possible. This not only ensures that you have the help you need, but also makes sure you do not lose your ability to file a claim.
Furthermore, the sooner you act, the stronger your case may be. Evidence and memories can deteriorate as time passes, which can compromise the efficacy of what you have gathered. To prevent this, talk to a lawyer soon after your car accident.
Horton Personal Injury Lawyers is Committed to Getting Results for You
When you have been the victim of a drunk driving accident, Horton Personal Injury Lawyers is ready to get to work on your case. We help you understand your rights and what to expect as we begin building your case and pursuing compensation. You are our top priority, and we offer high-quality service focused on results.
To take the first step toward holding the drunk driver accountable for their actions, schedule a free consultation today to discuss how our Conway car accident lawyer can help. When you contact us, we are ready to walk you through your options and counsel you on your next steps.