Experiencing a collision with a drunk driver in New York can be a profoundly distressing event. The immediate aftermath is often chaotic, filled with confusion and a rush of adrenaline. Knowing the correct steps to take is crucial for protecting your rights and ensuring your well-being. In such a scenario, it is important to stay as calm as possible and follow a series of steps that will not only safeguard your physical health but also strengthen any potential legal claims you might need to make later.
Prioritize Your Safety and Health
The first and most important step after being hit by a drunk driver is to ensure your safety. If the accident is minor and you are able to move your vehicle, try to pull over to a safe area away from oncoming traffic. Turn on your hazard lights to alert other drivers to the situation. Once you are out of immediate danger, check yourself and any passengers for injuries. Even if injuries are not immediately apparent, it is crucial to seek medical attention as soon as possible. Some injuries, such as whiplash or internal bleeding, may not show symptoms immediately but can have serious consequences if left untreated.
Contact Law Enforcement
In New York, it is mandatory to report any accident involving injury, death, or significant property damage to the police. Calling 911 will ensure that law enforcement and medical personnel are dispatched to the scene promptly. When the police arrive, provide them with a detailed account of the accident. Inform them if you suspect that the other driver is under the influence of alcohol. The police report will be an essential piece of evidence in any legal proceedings or insurance claims. Make sure to obtain the names and badge numbers of the officers, as well as a copy of the police report or the report number for future reference.
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Gather Evidence at the Scene
While waiting for the police to arrive, if it is safe to do so, gather as much evidence as possible from the scene of the accident. Take photographs of the vehicles involved, the surrounding area, and any visible injuries. These photos can provide crucial visual documentation of the incident. Exchange contact and insurance information with the other driver, but avoid engaging in any confrontation or discussion about the accident. If there are witnesses, obtain their contact information as well. Their statements could be valuable in corroborating your version of events.
Seek Medical Attention
Even if you believe your injuries are minor, it is important to seek medical attention immediately following the accident. A medical professional can conduct a thorough examination to identify any injuries that may not be immediately apparent. Make sure to keep all medical records, including doctor’s notes, treatment plans, and receipts for any medical expenses. These documents will be important for substantiating your injury claims later on.
Notify Your Insurance Company
After addressing immediate health and safety concerns, you should notify your insurance company about the accident. Provide them with a factual account of what happened without speculating or admitting fault. Your insurance company will guide you through the process of filing a claim and can provide information on what steps to take next. It is important to be honest and provide accurate information to avoid any potential issues with your claim.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
Understand New York’s No-Fault Insurance Law
New York follows a no-fault insurance system, which means that your own insurance company will cover your medical expenses and lost wages up to a certain limit, regardless of who was at fault for the accident. However, if your injuries meet the state’s threshold for “serious injury,” you may be able to step outside the no-fault system and file a personal injury lawsuit against the drunk driver. Serious injuries can include significant disfigurement, bone fractures, permanent limitation of a body organ or member, significant limitation of a body function or system, or substantial full disability for 90 days.
Consult with a Personal Injury Attorney
Navigating the legal complexities of a drunk driving accident can be overwhelming, especially when you are recovering from injuries. Consulting with a personal injury attorney can provide you with the guidance and support you need to pursue fair compensation. An attorney can help you understand your rights, gather necessary evidence, and negotiate with insurance companies on your behalf. They can also advise you on whether you have grounds for a lawsuit based on the specifics of your case.
Document All Expenses and Losses
Keep meticulous records of all expenses and losses related to the accident. This includes medical bills, rehabilitation costs, lost wages, and any other financial impacts you experience as a result of the collision. Detailed documentation will be crucial when seeking compensation for your losses. It is also helpful to keep a journal of how your injuries affect your daily life, as this can provide valuable insight into the non-economic damages you may be entitled to, such as pain and suffering.
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Stay Informed About the Criminal Case
In addition to civil claims, the drunk driver who hit you may face criminal charges. It is important to stay informed about the progress of the criminal case, as a conviction can significantly impact your civil claims. A criminal conviction for driving under the influence can serve as strong evidence of negligence in a civil lawsuit. Your attorney can help you understand how the criminal proceedings might affect your case and what actions you need to take.
Be Cautious with Insurance Company Communications
Insurance companies, including your own, may attempt to contact you for statements or settlement offers soon after the accident. It is important to be cautious in these communications. Avoid providing recorded statements without consulting your attorney, as anything you say could be used against you to minimize your claim. Your attorney can handle these communications on your behalf, ensuring that your rights are protected and that you do not inadvertently jeopardize your claim.
Consider the Long-Term Impact
The aftermath of a collision with a drunk driver can have long-term physical, emotional, and financial impacts. It is important to consider these long-term effects when seeking compensation. An experienced attorney can help you evaluate the full extent of your losses and pursue a settlement that adequately covers both current and future expenses. This includes ongoing medical treatment, rehabilitation, lost earning capacity, and any other long-term impacts on your quality of life.
Pursue Legal Action If Necessary
If the drunk driver’s insurance company fails to offer a fair settlement, you may need to pursue legal action to obtain the compensation you deserve. Filing a lawsuit can be a complex and time-consuming process, but it may be necessary to ensure that you are fully compensated for your losses. Your attorney will guide you through each step of the legal process, from filing the initial complaint to presenting your case in court, if necessary.
Seek Support for Emotional Recovery
Being involved in a collision with a drunk driver can be a traumatic experience that affects your emotional well-being. It is important to seek support for emotional recovery in addition to physical healing. This might include counseling, therapy, or support groups. Addressing the emotional impact of the accident can help you move forward and regain a sense of normalcy in your life.
Put an Advocate on Your Side Contact The Nicotra Law Firm, PC Today
If you have been hit by a drunk driver in New York, The Nicotra Law Firm, PC is here to help. Our experienced attorneys understand the complexities of drunk driving cases and are committed to fighting for the compensation you deserve. We will handle all aspects of your case, from gathering evidence to negotiating with insurance companies, allowing you to focus on your recovery. Contact us today for a free consultation and let us help you navigate this challenging time with confidence and support. Remember, you do not have to face this alone.