If a drunk driver hit you, your world may feel turned upside down. Suddenly, you’re dealing with pain, medical bills, insurance adjusters, and questions about your future. You’re not alone. At Glugeth & Pierguidi, P.C., we understand how overwhelming this time can be. That’s why we’ve put together this guide to help you know what to do when hit by a drunk driver, from immediate safety steps at the accident scene to protecting your legal rights through an injury claim.
When you say, “I was hit by a drunk driver,” it’s not just a statement of fact. It’s the beginning of a difficult journey. You may face physical injuries, emotional trauma, and financial strain. The good news is that you have rights under New Jersey law and don’t have to walk this path alone.
According to the National Highway Traffic Safety Administration (NHTSA), drunk driving remains one of the main causes of preventable deaths nationwide. In 2022, 13,524 people were killed due to alcohol-impaired crashes. That’s one person killed every 39 minutes. In New Jersey, alcohol-related crashes continue to devastate families year after year.
Step 1: Protect Yourself and Get Medical Help Immediately
The first priority after a car accident involving a drunk driver is your safety. Call 911 right away to report the crash and request medical assistance. Police officers will come to the scene, and their official crash report will be important evidence in your case.
Even if you feel okay, you should seek medical care immediately. Many injuries, like concussions, whiplash, or internal bleeding, aren’t always apparent at first. Documenting your injuries early also creates a clear medical record to support your injury claim later.
Step 2: Gather Evidence at the Scene
If you are physically able, gather as much evidence as possible. Please remember that your safety and well-being are most important, so if you need immediate medical attention, let others handle this step for you:
- Take photos of the vehicles, your injuries, skid marks, and road conditions;
- Collect contact information for witnesses; and
- Note any visible signs that the other driver is intoxicated (slurred speech, smell of alcohol, stumbling).
Police officers will likely conduct sobriety tests and may arrest the drunk driver. In New Jersey, it’s illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. If the at-fault driver receives a conviction for DUI, it will strongly support your civil injury claim.
Step 3: Report the Accident to Your Insurance Company
You are legally required to notify your insurance company after an accident. Be factual but cautious in your statements. Do not speculate about the cause of the crash or downplay your injuries. Insurance companies often try to minimize payouts, even when their insured driver was clearly in the wrong.
Before giving a recorded statement or signing any paperwork, consult with a New Jersey lawyer with experience with drunk driving accidents to make sure your rights are protected.
Step 4: Understand Your Right to Compensation
Every case is different, but in general, if you were injured by a drunk driver, you may be entitled to recover damages for:
- Medical expenses (current and future care),
- Lost wages and reduced earning capacity,
- Pain and suffering,
- Emotional distress, and
- Property damage.
In some cases, punitive damages may also be available. Unlike compensatory damages, punitive damages are designed to address particularly reckless conduct, such as driving drunk, and deter others from doing the same. Your attorney can help you understand the potential value of your case.
Step 5: Filing a Claim or Lawsuit
After you’ve taken care of your immediate medical needs and reported the accident, the next step is pursuing compensation. This process can involve:
- Filing a claim with your own insurance company under your Personal Injury Protection (PIP) coverage;
- Filing a liability claim against the drunk driver’s insurance; and
- If necessary, file a personal injury lawsuit in court.
In New Jersey, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Missing this deadline can permanently bar you from recovering damages, so it is crucial to act promptly. It’s also important that you do not accept a settlement offer for less than what you are entitled to. Once you’ve accepted an offer, you cannot go back and ask for more, even if the amount is insufficient to cover your expenses.
Step 6: How a Lawyer Can Help
Trying to navigate the legal system on your own after a traumatic accident can feel overwhelming. That’s why having knowledgeable support on your side is beneficial.
If you were hit by a drunk driver, a lawyer from Glugeth & Pierguidi, P.C. can:
- Investigate the accident and collect important evidence,
- Collaborate with medical experts to document the full scope of your injuries,
- Engage with insurance companies, and
- Initiate a lawsuit and represent your case in court if needed.
We are here to pursue fairness and ensure you receive compensation for your situation.
Taking Back Control After Being Hit By a Drunk Driver
If a drunk driver has hit you, you may feel like your life is out of your control. But with the right steps and legal support, you can begin to move forward.
At Glugeth & Pierguidi, P.C., attorneys Jared Glugeth and David Pierguidi bring over three decades of combined experience, thoughtful legal strategies, and a dedication to client care. We understand the impact of drunk driving accidents and are ready to be with you through each step.
Call Glugeth & Pierguidi, P.C. Today
Don’t wait to get help. If you or a loved one has been injured in a car accident involving a drunk driver, contact our office today. We’re available 24/7 to answer your questions and guide you through your next steps.
Your journey to resolution starts with one call. Let us assist you in seeking the compensation and fairness you deserve.
