What to Do if a Drunk Driver Hits Me (California 2024)

Driving under the influence is not only illegal but a clear act of negligence. If you’re wondering, “What should I do if a drunk driver hits me?” the first thing you should do is call the police, just as you would in any other accident. The authorities will likely administer a DUI or drug test to the person who hit you to determine their blood alcohol or drug levels. Once they do, request a copy of the police report and contact a car accident lawyer immediately to start a claim on your behalf.

This is a quick and brief response on what to do if a drunk driver hits you. But what happens if the drunk driver flees the scene? How can you make a claim and receive compensation? You’ll find answers to these and other questions in this article from My Lawyer Mark.

We are car accident attorneys in Los Angeles, CA, offering free consultations and high-quality legal services 100% in Spanish with Latino lawyers. We have experience, knowledge of the law, and a track record of winning. We fight for every penny you deserve for the injuries you suffered, and we treat you like family: we’re always there to answer the phone.

Call us today at (866) 721-5808 so we can evaluate your case and start working on it as soon as possible.

What to Do if a Drunk Driver Hits Me in California 

We’ll go into more detail about what is recommended if a drunk driver hits you in California:

Get to Safety and Seek Medical Attention 

The absolute priority after any accident is ensuring your safety and that of others. If you’re injured, seek medical attention immediately, even if the injuries seem minor. It’s essential to get a complete medical evaluation to rule out any injuries and to document any potential injuries you may have suffered.

Call the Police to File a Report 

As mentioned, it’s crucial to call the police right away so they can file an accident report. They’ll arrive at the scene, create a report, and document the details of the incident. You can help the officers by providing information about the accident: location, vehicles involved, driver and passenger names, and any other useful details.

After the accident, you can request the accident report online and share it with your lawyer to build your compensation claim.

Gather Evidence 

If you can do so safely, take photos and videos with your phone. Document the damage to all vehicles, traffic signs near the accident, and any other details that might serve as evidence in reconstructing the accident. It’s also essential to get contact information from any witnesses willing to cooperate.

Do Not Admit Fault or Say Too Much 

Avoid admitting fault or making statements about the accident. Don’t even apologize out of courtesy; anything you say could be used against you in a future claim. Remember that you have the right to remain silent and have an attorney present before making any statements. Also, don’t accept any offers from the drunk driver’s insurance company.

Seek Legal Advice 

A car accident lawyer can guide you through the complex legal process and help protect your rights. The lawyer can evaluate your case, thoroughly investigate the accident, negotiate with insurance companies and their lawyers, and, if necessary, represent you in court.

What if the Drunk Driver Flees? 

Driving under the influence and causing an accident is already a serious crime. If the person also leaves the scene of the accident, they will face even more serious charges, and the penalties can be severe:

The possible consequences of a DUI hit-and-run include fines of up to $10,000 and up to 4 years in state prison if the accident victim suffers serious injuries or dies.

 

If the accident caused minor bodily injuries, the drunk driver could spend up to a year in jail. Even if the accident only caused property damage, the at-fault driver would still have to pay a fine.

It’s essential to remember that these are just possible consequences. The actual penalty will depend on several factors, such as the severity of the accident, the driver’s record, and whether they have previous convictions.

When Can You Sue a Drunk Driver? 

You have the right to file a claim for damages if you are injured by a drunk or drugged driver in California. A driver is considered intoxicated when alcohol and/or drugs impair their ability to drive safely.

To file a successful claim, you must prove that:

• The driver was negligent. This means the driver did not act with the care that a reasonable person would have exercised in the same situation.
• You suffered damages as a result of the driver’s negligence. Damages can include physical injuries, pain and suffering, medical bills, lost wages, and property damage.

DUI claims are common in California due to the high number of drunk driving arrests.

Driving under the influence (DUI) in California has two consequences: criminal and civil.

Criminally, a driver can be charged with a crime and face penalties such as fines, jail time, and loss of their driver’s license. The prosecution must prove beyond a reasonable doubt that the driver was under the influence of alcohol or drugs while driving.

Civilly, a victim of an accident caused by a drunk driver can sue the driver for damages. The victim has a lower burden of proof: they only need to show that it’s more likely than not that the driver was drunk and that this caused the accident.

This is important to note because the driver does not need to be criminally convicted of DUI to be sued civilly. Civil DUI claims seek to compensate victims for their injuries, while criminal proceedings aim to punish the driver and deter others from driving drunk.

My Lawyer Mark ensures that accident victims receive the compensation they deserve for the injuries they suffered in an accident. If you were hit and injured, call us at (866) 721-5808 for a free consultation. We’ll fight for every penny you’re owed.