Car accidents caused by drivers under the influence of drugs or alcohol are both devastating and complicated from a legal standpoint. In Olympia and Western Washington, these accidents can lead to serious injuries, significant property damage, and an overwhelming amount of legal confusion. If you’ve been the victim of a car accident caused by a driver under the influence, understanding how to handle the claims process is crucial.
This guide will walk you through the steps you should take after the accident, what to expect during the claims process, and how Ron Meyers & Associates can help you get the compensation you deserve.
What to Do Immediately After an Accident Involving a Drunk Driver
When you’ve been involved in an accident caused by a driver who is under the influence, your health and safety should always be the top priority. After ensuring your immediate well-being, you’ll need to take specific actions that will help protect your rights and strengthen your potential personal injury claim.
1. Call 911 and Report the Accident
In Washington State, it’s required by law to report any accident involving injuries or significant property damage. When the other driver is suspected of being under the influence, this step becomes even more critical. Police officers can assess the situation, perform field sobriety tests, and document the other driver’s intoxication in their police report. This report can be a crucial piece of evidence for your claim later on.
2. Seek Medical Attention Immediately
Even if you don’t think you’re seriously injured, it’s important to seek medical care right away. Injuries from car accidents, particularly those caused by drunk drivers, can be subtle at first and worsen over time. Prompt medical documentation not only ensures your safety but also serves as evidence of your injuries when filing a claim.
3. Gather Evidence at the Scene
If it’s safe to do so, collect as much evidence as possible at the accident scene. This can include:
- Photos of the damage to both vehicles.
- Photos of your injuries, if visible.
- Witness contact information.
- Notes on the behavior of the other driver, such as slurred speech or the presence of alcohol.
4. Speak to a Personal Injury Attorney
Navigating a personal injury claim involving a drunk driver in Olympia or the greater Washington area can be legally complex. Speaking to an attorney as soon as possible ensures that you understand your rights and that your case is properly handled from the outset.
Understanding Washington’s Laws on Drunk Driving and Liability
Washington State takes driving under the influence (DUI) very seriously. In Washington, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are under the influence of drugs. When a driver is proven to be intoxicated at the time of an accident, it significantly strengthens your case for compensation.
Establishing Fault in a DUI Accident
In Washington, the intoxicated driver is typically at fault in an accident. The police report, combined with evidence like BAC results or witness testimony, helps establish liability. However, this doesn’t mean that securing compensation will be easy. The insurance company representing the at-fault driver may still try to minimize your claim, which is why having experienced legal representation is essential.
Filing a Personal Injury Claim Against a Drunk Driver in Olympia
Once you’ve ensured your safety and gathered evidence, it’s time to begin the claims process. Here’s what to expect when filing a claim for a car accident involving a driver under the influence.
1. Filing an Insurance Claim
Your first step will be to file a claim with the drunk driver’s insurance company. In Washington State, drivers are required to carry a minimum of:
- $25,000 in bodily injury liability per person.
- $50,000 in bodily injury liability per accident.
- $10,000 in property damage liability.
However, if the driver doesn’t have sufficient coverage or is uninsured, you may need to turn to your underinsured motorist coverage (UIM) if it’s part of your policy.
2. Proving Damages
To get the compensation you deserve, you’ll need to prove the full extent of your damages. This can include:
- Medical expenses: Document all of your medical bills, from emergency room visits to ongoing physical therapy.
- Lost wages: If your injuries prevent you from working, you may be entitled to recover lost wages.
- Property damage: Compensation for the repair or replacement of your vehicle.
- Pain and suffering: Emotional distress, physical pain, and the long-term impact of your injuries.
3. Settling or Litigating the Claim
In many cases, the insurance company will try to offer a settlement to avoid a lengthy legal battle. However, initial settlement offers are often much lower than what you deserve. This is where having an attorney from Ron Meyers & Associates can make a huge difference. We will negotiate with the insurance company on your behalf to get you a fair settlement.
If the insurance company refuses to offer reasonable compensation, we can take your case to court. Washington courts tend to take a strong stance against drunk drivers, which can work in your favor during litigation.
What Happens If the Other Driver Is Uninsured or Underinsured?
Unfortunately, not all drivers comply with Washington’s insurance laws. If the driver responsible for your accident doesn’t have insurance or has insufficient coverage, you still have options:
- Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage: If you have UM/UIM coverage on your policy, it will step in to cover your damages when the at-fault driver doesn’t have sufficient insurance.
- Personal Injury Lawsuit: You can also file a lawsuit directly against the intoxicated driver to recover damages. However, this option may be limited if the driver does not have sufficient personal assets to cover your losses.
Why You Need an Experienced Personal Injury Attorney
Handling a car accident claim involving a drunk driver can be daunting. Insurance companies often attempt to minimize payouts, and dealing with the aftermath of a serious accident while recovering from injuries is overwhelming. A personal injury attorney experienced in DUI-related cases can help in several ways:
- Gathering Evidence: Your attorney will work to gather additional evidence, such as obtaining BAC results or police reports, to strengthen your case.
- Negotiating with Insurers: Attorneys know the tactics insurance companies use to minimize claims and can negotiate aggressively on your behalf.
- Maximizing Compensation: Whether through a settlement or a trial, having an experienced lawyer ensures that you are compensated fully for your medical bills, lost wages, pain and suffering, and more.
At Ron Meyers & Associates, we have extensive experience helping accident victims in Olympia and Western Washington get the compensation they deserve after being injured by a driver under the influence.
Contact Ron Meyers & Associates for Help with Your DUI Accident Claim
If you’ve been injured by a drunk driver in Olympia or the surrounding areas, you need an experienced attorney to help you navigate the claims process and fight for your rights. Ron Meyers & Associates is dedicated to helping victims of DUI accidents recover the compensation they need to move forward. Contact us today for a free consultation and let us help you on your path to recovery.
