Steps to Take if You’ve Been Injured by a Distracted or Drunk Driver
Whether you’re dealing with medical bills, lost wages, or emotional distress, taking prompt, informed action is vital when you’ve been injured by a distracted or drunk driver to protect your rights and strengthen your claim. At The Ardoin Law Firm, P.C., our Texas-based firm works closely with clients in every stage, from the crash scene through settlement negotiations.
Texas follows a fault-based liability system, so you must prove another party’s negligence to recover damages. That means you’ll need clear evidence showing how you were injured by a distracted or drunk driver, and why they’re responsible. By knowing which steps to take—and when—you can improve your chances of a fair outcome to your personal injury case.
Learn About Your Rights After a Crash
If you’ve been injured by a distracted or drunk driver, you have the right to seek compensation for your losses. Texas law allows injured parties to pursue economic damages, like medical expenses and lost income, as well as non-economic damages, such as pain and suffering.
You also have the option to file a claim against the at-fault driver’s auto liability insurance. In more severe incidents, you may pursue a lawsuit in civil court. Having a clear grasp of your legal rights after a crash will help you make informed decisions every step of the way.
Actions You Should Take at the Crash Scene
After a collision, your priority should be ensuring your safety. Get yourself and others to a safe location if possible, then focus on gathering critical information that supports your claim. Taking these steps immediately after you’ve been injured by a distracted or drunk driver preserves vital evidence, supports your personal injury claim, and helps maintain your health records for treatment and legal purposes.
1. Seek Prompt Medical Evaluation
After the collision, get checked by a medical professional. Some injuries, like whiplash or internal bleeding, may not show symptoms immediately. A thorough exam creates a medical record that links your injuries to the crash.
Keep copies of all medical reports, bills, and treatment plans. These documents form the backbone of your claim and show how you were injured by a distracted or drunk driver. Following your doctor’s advice also strengthens your case by demonstrating that you took your health seriously.
2. Gather Evidence to Support Your Claim
To build a convincing claim after you’ve been injured by a distracted or drunk driver, you will need to assemble strong evidence. Start by requesting the official crash report from the responding officers. Then, gather all related documentation and records, including:
Police report: Contains vital details about citations, driver statements, and officer observations.
Medical records: Doctor’s notes, diagnostic tests, and treatment summaries that link your injuries to the accident.
Photographs and videos: Visual proof of vehicle damage, injuries, and the crash environment.
Witness statements: Signed or recorded recollections from bystanders who saw the collision.
Insurance correspondence: Letters, emails, and claim numbers from both your insurer and the at-fault driver’s carrier.
Digital data can also help prove how the crash happened and who was at fault. This can include dash cam footage, GPS logs, or a vehicle’s “black box” event data recorder. Having this evidence organized and accessible makes it easier to demonstrate negligence and calculate your damages accurately. An experienced car accident attorney can help you gather, organize, and present this evidence.
3. Calculate Your Damages
Assess the full impact of your injuries caused by the distracted or drunk driver. You should total all economic losses, including medical costs, rehabilitation, prescription medications, and lost wages, alongside non-economic harms like pain, suffering, and loss of enjoyment of life.
To estimate future needs, consider ongoing therapy, assistive devices, or vocational rehabilitation if your injuries affect your ability to work. A detailed damage calculation makes sure that you seek compensation that truly reflects the toll the crash has taken on your life.
4. Negotiate with Insurance Companies
Once you file a claim, the at-fault driver’s insurance company will investigate and may offer a quick settlement. Insurance adjusters often aim to minimize payouts, so it’s important to handle communications carefully.
Avoid giving recorded statements until you’ve spoken with legal counsel. Document every call and correspondence, and never accept an early offer without reviewing it with your lawyer. By maintaining control of the dialogue, you can protect your interests and avoid accepting less than you deserve.
5. Work with a Personal Injury Lawyer
Partnering with an experienced car accident lawyer can make a significant difference when you’ve been injured by a distracted or drunk driver. At The Ardoin Law Firm, P.C., we coordinate with accident reconstructionists, medical experts, and financial analysts to help you build a comprehensive case. Some of the ways our attorney can help include:
Case evaluation and strategy: We assess the evidence and outline the strongest legal approach.
Negotiation with insurers: Our attorney will strive to pursue a fair settlement that accounts for all your damages.
Litigation support: If negotiations stall, we’ll file suit and represent you in court.
Having skilled representation provides you with the resources and experience you need to hold negligent drivers accountable after an accident.
Timing and Deadlines for Filing a Claim
Texas law limits the time you have to file a personal injury lawsuit. Generally, you must file within two years of the date of the crash. Missing this statute of limitations can prevent you from pursuing compensation entirely.
In some cases, notifying the at-fault driver’s insurer early, usually within 30 days, can speed up your claim. By meeting these critical deadlines, you can preserve your legal rights and avoid preventable hurdles when pursuing compensation.
Contact a Personal Injury Attorney Today
If you’ve been injured by a distracted or drunk driver in Texas, our attorney at The Ardoin Law Firm, P.C. is here to help. Located in Houston, Texas, we serve clients throughout the state, including Harris County, Dallas County, Tarrant County, Bexar County, and Travis County. Reach out today to schedule a free consultation and explore how you can fight for the compensation you need.