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After Accidents

How to handle a car accident claim with a drunk driver

On Behalf of | Jun 1, 2022 | Auto Accidents

According to the National Highway Traffic Safety Administration, 28 people are killed in Texas and around the country every day by drunk drivers. Alcohol-related accidents are handled much like any other type of car accident. However, when the time comes to file a claim for a drunk driving accident, it is helpful to document as much as you can to help prove the other driver was indeed drunk and caused the crash.

Is a drunk driver automatically at fault?

Surprisingly, drunk drivers are not automatically at fault in an alcohol-related accident. Instead, the primary cause of the accident determines who is at fault.

For example, if a drunk driver is sitting still at a red light, and another driver rear-ends the drunk driver because they are distracted, the person who rear-ended the drunk driver would likely be at fault. However, the drunk driver would probably be ticketed or possibly arrested for operating a vehicle while drunk.

What to do at the scene of the accident

Assuming you are able, call the police immediately. They will begin to document everything that occurred during the accident as soon as they arrive and will attempt to access the BAC of the drunk driver. It is important not to move your vehicle, even if it is blocking traffic, and you should take pictures of the accident and document your injuries. Any information that helps to prove the other driver was drunk will be useful when dealing with the insurance company.

Filing the claim

It is important to be as organized as possible when it comes time to file your drunk driver accident claim. Have all of your written notes about the accident handy as well as any pictures you took. Only answer the specific questions asked by the claims adjuster, and do not embellish your answers. In addition, do not offer any information that could make you appear guilty or negligent in causing the accident.

Even though filing an insurance claim can be intimidating, it is important not to wait. Getting your claim rolling will be the first step in putting an accident with a drunk driver behind you.