What Should I Do if I Have Been Injured in a Drunk Driving Accident?

If you’ve been hit by a drunk driver, the chaos that follows can leave you shaken and uncertain about your next move. How you respond right away and in the days after can make a huge difference for both your recovery and your potential claim.

If you have been injured in a drunk driving accident, you should prioritize your health and protect your legal rights. Getting guidance from an Atlanta DUI accident lawyer early on can help you take the right steps, deal with insurance companies the smart way, and start building a claim that truly reflects what you’ve been through.

Here’s what to focus on both at the crash scene and during the weeks that follow so that you can support your recovery and protect your future.

What to Do Immediately After a Crash With a Drunk Driver

The moments right after a crash are often confusing, especially if you’re injured and suspect an intoxicated driver is at fault. Taking calm, deliberate action can protect your health and strengthen any future claim you decide to pursue.

An experienced Atlanta car accident lawyer can guide you through these early steps, but here’s what you can start doing immediately after the crash to safeguard both your well-being and your rights.

Put Safety First

Move to a safe location away from traffic if you can. Check yourself and others for injuries and call 911. Request both police and EMS at the scene.

Even if injuries appear minor, emergency responders can assess everyone’s condition and document critical details about the crash.

Get Emergency Medical Care

When adrenaline is high, pain can be masked. Internal injuries, concussions, and whiplash sometimes develop hours or days later. Seeking medical treatment ensures hidden damage is caught early and creates a medical record connecting your injuries directly to the collision.

Start Documenting

If you’re physically able, take photos and videos of the vehicles, license plates, skid marks, debris, and the surrounding roadway. Capture any signs that the other driver was impaired—open containers, slurred speech, or unsteady behavior.

Record contact information for witnesses, officers, and paramedics for future reference.

Request a Police Report

A police report becomes a key piece of evidence in a drunk driving claim. Officers often perform field sobriety tests or blood alcohol tests at the scene. Breath test results can clearly establish the drunk driver’s fault, which strengthens your case later. Don’t rely on memory—get a copy of the report once it’s available.

In the Days Following the Accident

In the days after a drunk driving crash with injuries, recovery shifts from immediate survival to careful follow‑through. Staying consistent with treatment and organized with documentation can make a big difference, especially when an Atlanta personal injury lawyer is helping build your case.

Continue Medical Follow-Ups

Pain or stiffness that seems minor can worsen after a few days. Attend all medical appointments, follow recommendations, and keep copies of every report, prescription receipt, and doctor’s note. Keeping this paper trail helps link your symptoms to the crash, which matters when negotiating with insurers.

Stay Organized

After you have been injured in a drunk driving crash, make a folder for all crash-related documents—photos, hospital bills, insurance letters, and police reports. Write down how the injuries have impacted your daily life: missed work, trouble sleeping, or emotional changes. Real-life details give context to your experience beyond the numbers.

In the Weeks Following the Accident

As the weeks pass, the focus shifts from immediate recovery to handling phone calls, paperwork, and legal details. This stage is where small mistakes can affect your outcome, so approaching each conversation and decision with care is key.

Be Careful with Insurance Conversations

Insurance adjusters may call soon after the collision. They might seem helpful, but their goal is often to minimize payouts. Politely decline to give recorded statements until you’ve spoken with a lawyer. Anything said on record can be used to reduce your settlement later.

Understand the Bigger Picture of Liability

The impaired driver is typically at fault, but multiple parties could share responsibility—such as a bar that overserved them or a rideshare company that failed to screen a driver properly. A lawyer can identify these sources of coverage to ensure you’re not left paying for someone else’s choices.

Some claims may also include additional compensation for extreme negligence. To understand how courts may handle these harsh penalties, review how punitive damages apply in Georgia DUI accident cases.

Protecting Your Rights Over Time

As time goes on, recovery often becomes about more than healing physical injuries—it’s about restoring stability in every part of your life. Tracking your progress and reaching out for legal support helps protect your rights and ensures your full story is represented when it matters most.

Keep Track of Emotional and Financial Changes

Drunk driving crashes don’t just cause physical harm—they often impact sleep, confidence, and relationships. Keep a personal journal or document changes in your daily routine, anxiety levels, and any counseling or therapy visits. These details paint a fuller picture of your suffering beyond medical bills.

Seek Legal Guidance Early

Consulting an attorney soon after you have been hurt in a drunk driving crash allows evidence to be preserved before it disappears. An experienced car accident attorney can communicate with insurers, estimate the value of your damages, and keep your case within the legal time limits.

If your crash involved a fatality, families can learn more about wrongful death claims in fatal drunk driving accidents.

Types of Damages

Most settlements for drunk driving accidents depend on injury severity, medical costs, long-term impacts, and insurance limits, so professional guidance can make a large difference. When you file a claim, you can pursue compensation for many types of damages. They include:

• Medical expenses
• Lost wages or reduced earning capability
• Vehicle repairs or replacement
• Pain and suffering
• Mental anguish
• Loss of consortium
• Loss of enjoyment of life

In addition to compensatory damages, you can also receive an award for exemplary damages. Exemplary damages are only awarded for accidents that involve malice, intent, or gross negligence. Impaired driving is grossly negligent behavior to many, and often, drunk drivers are forced to pay for exemplary damages as a form of punishment.

The limit to exemplary damages is $250,000. 75% of what gets paid by the drunk driver will go to the state, and the rest will go to you.

Do not pay for damages you didn’t cause. Finding a good lawyer who can help you calculate all of your damages is essential after getting injured in a drunk driving accident.

Contact Us if You Have Been Injured in a Drunk Driving Accident

Healing after a drunk driving crash takes time, care, and persistence. Protecting your legal rights ensures that recovery isn’t delayed by medical debt or uncooperative insurers. Every piece of documentation, every appointment, and every conversation matters.

When you’re ready to move forward, connect with John Foy & Associates. Our attorneys have over 350 years of experience helping accident victims recover. We work on a contingency fee basis, so there is no upfront cost to you.

When you reach out, we’ll explain your options clearly so you can make informed decisions moving forward. Contact us today to begin your path toward justice.