Getting hit by a drunk driver is something no one ever expects. One moment you’re going about your day, and the next you’re left dealing with pain, confusion, and questions about what comes next. If you’re in Virginia and facing this situation, knowing your next steps can make a big difference in protecting your health and your legal rights.
In addition to liability for ordinary negligence, a drunk driver may be liable for wilful and wanton negligence. In that case, you may be able to recover punitive damages against the drunk driver under Virginia Code 8.01-44.5. Punitive damages can significantly increase the value of your case. The best evidence in support of punitive damages is generally the police body worn camera footage, field sobriety test results, and blood alcohol content. It is critical that you report any accident to the police.
1. Ensure You Are Safe and Call 911
Your first priority after being hit by a drunk driver is safety. If you’re able, move your vehicle out of traffic and turn on your hazard lights. If the car won’t move, stay inside with your seatbelt fastened until emergency responders arrive. Stepping out into active lanes of traffic can put you at even greater risk.
Next, dial 911 immediately. Let the dispatcher know someone may be injured by a drunk driver, so police and medical personnel are sent to the scene. Law enforcement will investigate the suspected impairment, and their report will become a critical piece of evidence for any claim you pursue later.
Calling 911 not only gets you the medical help you may need but also creates the official record of the crash. That will matter greatly as your case moves forward.
2. Don’t Confront the Other Driver
After a collision, emotions run high. If you believe you were injured by a drunk driver, it can be tempting to confront them at the scene. Avoid that urge. Impaired drivers may be unpredictable, argumentative, or even aggressive. Instead of engaging, focus on your own safety and let law enforcement handle the situation.
When officers arrive, they are trained to recognize the signs of intoxication and to collect the evidence that matters, such as field sobriety results or a blood alcohol test. Anything you say to the driver won’t help your case, and it could make the situation more dangerous.
The safest and smartest choice is to keep your distance, stay calm, and wait for police to do their job. That way, the official record reflects the facts of what happened without unnecessary conflict.
3. Photograph and Gather Basic Evidence If Possible
If it’s safe to do so, start collecting evidence right at the scene. After you’ve been hit by a drunk driver, photos and videos can capture important details that may not be preserved once the vehicles are cleared away. Use your phone to document:
- The position of all vehicles involved;
- Damage to your car and the other vehicle;
- Skid marks, traffic signals, and road conditions; and
- Visible injuries you may have sustained.
If bystanders witnessed the crash, ask for their names and contact information. Even a short statement later could help confirm how the collision occurred. If someone recorded a video on their phone, politely ask them to share it with you. These small steps may not seem important at the moment, but when you’re considering what to do when hit by a drunk driver, early evidence can make the difference between a weak case and a strong one.
4. Get Medical Care
Even if you feel fine after your accident, it’s important to get checked out by a doctor as soon as possible. Some injuries, like concussions, whiplash, or internal trauma, don’t show up right away. By seeking medical attention immediately, you protect both your health and your legal claim.
When you see a doctor, be sure to explain that you were injured in an accident so your records reflect exactly how the crash happened. Medical records serve as one of the strongest forms of evidence in your case. Follow all recommended treatments, whether that’s imaging, physical therapy, or follow-up visits. Skipping care or delaying treatment gives the insurance company an argument that your injuries aren’t serious or weren’t related to the accident.
5. Start a Symptom Journal
Recovery after an accident isn’t always straightforward. Pain and other symptoms can change from day to day, and those details often don’t show up fully in medical records. That’s why keeping a simple symptom journal can be so valuable.
Use a notebook or your phone to jot down daily notes about:
- Pain levels (for example, rating from 1–10);
- Specific activities you couldn’t do or struggled with;
- Sleep problems, headaches, or emotional stress; and
- Missed work or family events.
If you later find yourself saying, “I was hit by a drunk driver and I’m still not back to normal,” this journal provides a personal record to back up your experience. It helps your attorney show not just the medical costs, but also the real impact the accident has had on your daily life.
6. Order the Official Crash Report
In Virginia, police must file an official report when a crash involves injuries or significant property damage. After your accident, that document becomes one of the most important pieces of evidence in your case.
You can request a copy through the Virginia DMV by submitting Form CRD-93 and paying a small fee. Keep the report with your records.
7. Preserve Damaged Items
After the accident, don’t throw away or repair anything that was damaged in the crash. Your vehicle, clothing, car seats, or even a broken phone can all serve as evidence of the force of impact.
Keep these items in a safe place until your attorney has had a chance to review them. In some cases, experts may need to examine the vehicle or personal items to help demonstrate how the collision occurred and how serious it was. Preserving this evidence gives you another layer of support for your claim.
8. Seek Out an Attorney
After being hit by a drunk driver, the legal process can quickly become overwhelming. Insurance companies move fast, and their goal is often to limit what they pay. Having an attorney on your side means someone is protecting your interests from the start.
9. Let Your Attorney Handle Communication with the Insurance Company
It’s common for the other driver’s insurance company to call soon after the crash and ask for a recorded statement. You are not required to give one, and doing so can put your claim at risk.
The safer approach is to decline politely and let the adjuster know your attorney will be in touch. This prevents the insurer from using your words against you and ensures all communication goes through someone who understands the process.
Injured in a Crash? Reach Out to Us to Learn More About Your Rights
Being hit by a drunk driver can leave you with far more than vehicle damage. It can change your health, your work, and your daily life. You shouldn’t have to face those challenges alone. At Merrick Brock, PLLC, we bring personal attention, trial experience, and a steady hand to guide you through the process. Call us today for a free consultation, and get the answers you need to move forward.