What Should I Do If I’m Hit by a Drunk Driver?

First, Get to Safety and Call 911

If you are hit by a driver you suspect is drunk, your first priority is safety. Check yourself and your passengers for injuries, call 911, and request medical help. Even if the crash seems minor, calling police is important because a DUI investigation, crash report, and officer observations may become key evidence later.

If it is safe, move your vehicle out of traffic and turn on your hazard lights. Avoid confronting the other driver. If the driver tries to leave, do not chase them. Instead, try to note the license plate number, state, vehicle make and model, visible damage, direction of travel, and any description of the driver or passengers.

When speaking with police at the scene, give clear, basic facts. Do not guess, speculate, argue about fault, or admit blame. Ask how to get the police report number before you leave the scene.

Gather Evidence, If You Can Do So Safely

If it’s safe to do so, collect evidence at the scene. Take photos or videos of vehicle damage, injuries, road conditions, traffic signs, skid marks, debris, and anything else that may help show what happened. If you suspect the other driver is impaired, you may also document what you personally observed, such as unsafe driving, slurred speech, the smell of alcohol, or open containers, but do not put yourself in danger to record anything.

Speak with witnesses and ask for their names and contact information. Also look for nearby businesses, homes, traffic cameras, or dashcams that may have recorded the crash. Video evidence can be especially important if the at-fault driver denies what happened or leaves the scene.

Get Medical Care and Document What Happened

After the crash, see a doctor as soon as possible. Some injuries take time to appear, and medical records can help document your injuries and the care you received after the crash. Follow your doctor’s treatment plan and keep copies of medical bills, discharge papers, prescriptions, and other records.

Memories can fade quickly after a traumatic event. As soon as you are able, write down what you remember. Include where you were going, what you saw, what the other driver did, what was said at the scene, and how your injuries began to feel.

Be Careful When Speaking With Insurance Companies

You should notify your insurance company as soon as possible, but keep the conversation factual. Do not admit fault or sign anything you do not understand. Before giving a recorded statement to another driver’s insurance company or accepting a settlement, consider speaking with a personal injury attorney. Once you sign a release, you may lose the ability to seek more compensation later.

Consider Speaking With an Attorney Before Signing Anything

Drunk driving crashes can involve complicated issues, including insurance coverage, hit-and-run claims, medical bills, and lost income. In some cases, Georgia law also allows for punitive damages under O.C.G.A § 51-12-5.1 to punish especially dangerous conduct.

In Georgia car accident cases, you generally have two years in which to file a claim, although some exceptions and ante litem notice requirements may apply that can shorten or extend the deadline. Once that deadline passes, you lose your right to seek compensation, no matter how strong your claim may be. Speaking with an attorney as soon as possible can help you protect your interests, understand your options, and avoid mistakes that could hurt your claim.