If you are hit by a drunk driver and they are arrested for drinking under the influence, you might wonder: what happens next? Keep reading to find out the right steps to take after being injured by a drunk driver, whether in a car accident, pedestrian accident, or another type of accident. Contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
Get a Copy of the Police Report and Contact an Attorney
If you were injured in a drunk driving accident in which the driver was arrested, contact the police and ask for a copy of the police report. Review it to make sure that it is consistent with what happened. According to the law in this state, accidents must be reported to the DMV within ten days if someone is injured, someone is killed, or property damage exceeds $1,000.
If it has not yet been reported to the DMV, you, your insurance agent, or your personal injury attorney needs to complete Form SR-1, also known as the “Report of Traffic Accident Occurring in California” report. Make sure you get medical attention. The district attorney is in charge of following up on criminal charges. It is up to you to contact an attorney and follow up on compensation for your injuries.
The Seriousness of Drunk Driving Accident
We should take a moment to discuss just how dangerous drunk driving accidents are. In a single year, there are around 13,000 fatal car accidents that involve drunk drivers. This is about one in three of all traffic deaths. In California, the legal limit for a person under the age of 21 is 0.01%, a person over 21 has a legal limit of 0.08%, while a person operating a commercial vehicle has a legal limit of 0.04%.
The Insurance Company of the Drunk Driver Should Pay for Your Medical Bills and Property Damage
First, the insurance company of the at-fault drunk driver should pay for your medical bills and property damage. If you have personal injury protection (PIP) as part of your insurance policy, it could be easier to submit these claims to your own insurance company, and they will go after the insurance company of the at-fault party. You could also have your own health insurance company pay for your treatment and they can be reimbursed when the claim is settled.
While you do want the insurance company of the at-fault party to pay your medical bills, be wary if they ask you to sign papers to get medical care. Do not do this without first talking to an attorney. In fact, it is best not to talk to their insurance company at all until you have talked to an attorney. Call The Law Offices of Larry H. Parker now to request a free legal consultation at 800-333-0000.