What To Do After Getting Hit by a Drunk Driver

You or someone you care about has been hit by a vehicle that was operated by a drunk driver, it can be devastating. More than 11,000 people died in alcohol-related crashes in 2020 alone. Though such statistics are disheartening, the law is on your side. 

In Kentucky, you can look for a drunk driving accident lawyer to get the representation and compensation that you’re legally entitled to. 

Let’s get a better understanding of drunk driving and what you can do if someone has been victimized by a vehicular accident that involved an intoxicated individual.

What Is Considered Drunk Driving?

According to Kentucky’s laws, if you’re driving with a blood alcohol concentration (BAC) of .08% or above, you’re presumed to be legally intoxicated.

There are two exceptions to this case: 

• Drivers with a commercial driver’s license (CDL). They’re held to stricter blood alcohol concentration (BAC) limits and are considered legally drunk if they have a blood alcohol level of .04% or above. 
• Drivers under the age of 21. Kentucky has a zero-tolerance policy against underage drivers, so anyone with a blood-alcohol level of .02% and higher may be charged and penalized according to the laws of the Commonwealth of Kentucky. 

Driving while drunk impairs a person’s judgment, vision, concentration, comprehension, and coordination.

Common Types of Injuries

Drunk driving causes collisions so victims of drunk driving accidents may sustain: 

• Broken bones 
• A crushed sternum
• A crushed vertebrae
• Head and neck injuries 
• Injuries causing disfigurement or disability
• Internal injuries
• Traumatic brain injuries

Beyond the physical, victims may sustain psychological injuries. You may not see them, but they can damage a person’s quality of life and must be treated accordingly.

What Are the Steps To Follow in the Event of an Accident?

If you’re in a vehicle that was hit by a drunk driver, the first step is to drive your car (if feasible) to a safe location. Move your vehicle away from traffic to avoid causing secondary accidents.

Once you’ve repositioned your vehicle:

Do A Quick Assessment 

Assess your condition and those involved in the accident to determine if medical intervention is required. If yes, call 911 and request an ambulance.

Report the Accident to the Police

Call the police to report the accident. This is an important step as law enforcement officers will collect the evidence available, conduct field sobriety tests or blood alcohol tests, interview eyewitnesses, and prepare a detailed report. In addition, they may pursue criminal prosecution since drunk driving is illegal. This could result in jail time, fines, and suspension of the drunk driver’s driving license. 

Note that if the drunk driver is criminally convicted for reckless behavior, you will not be able to receive damages from them unless the court offers restitution. 

So, if you’re seeking maximum compensation, request a copy of the accident report. This will enable you to file a civil case lawsuit against the driver and receive compensation for medical bills, lost wages, and other damages caused. For this to happen, you have to prove that the harm they caused was due to intoxication and negligence. 

Document the Scene 

If the police haven’t arrived yet and you notice the drunk driver trying to flee, use your phone to take pictures of their car’s license plate and note down information about its make, model, and color. If you can, get a video of the driver showing signs of intoxication such as slurred speech and bloodshot eyes. 

In addition, take photos of your injuries, the scene of the accident, and damage to your vehicle. You should also get testimony from witnesses and note down their contact information in case you need help with your case.

See A Doctor 

If you weren’t injured enough to need emergency medical care, don’t automatically assume that all is well. See a medical professional within a day or two of the accident in case of latent injuries that may not be evident until after the accident.

Keep a record of all your accident-related injuries so that you can show the court proof that you sustained personal injuries. 

Find A Personal Injury Lawyer

Contact a drunk driving accident lawyer at your earliest convenience — preferably someone with experience in drunk driving cases. They’ll help you understand your rights, hold the drunk driver responsible accountable, and get you the maximum compensation possible.

What Types of Compensation Can Be Claimed?

Can an insurance company compensate someone who has been involved in an accident caused by a drunk driver?

If you have been harmed, then yes. If you sustained injuries and your medical expenses are at least $1,000, you can file a civil lawsuit against the drunk driver who caused the accident for financial recovery of damages and losses. 

You can then pursue compensation for:

• Broken bones or other injuries. You can claim medical expense damages which will cover the full extent of your medical bills — past, present, and future — that resulted from the accident.
• Disability. If you’ve made any changes to your home to accommodate your injuries, you can get the driver to pay for the modifications to help restore your quality of life.
• Emotional distress that negatively affects your quality of life. 
• Loss of income. If the accident left you with injuries that caused you to miss work and lose wages, you can hold the drunk driver responsible.
• Reduction in income. You can sue the at-fault driver if the injuries from the accident have caused a reduction, permanent or otherwise, in your income. 
• Wrongful death. If a passenger(s) who was with you died in a drunk driving accident, you could sue the driver in a wrongful death lawsuit. It will enable you to recover damages related to pain and suffering, loss of companionship, etc.



In some cases, you may also be entitled to punitive damages but this requires you to go to trial. 

What if your medical expenses are less than $1,000? 

You can file a claim for compensation under your personal injury protection insurance policy, especially if you have No-Fault insurance. This will allow you to recover compensation for damages regardless of who was to blame.

Get Fair Compensation for Your Injuries With KY Lawyer

If you have been hit by a drunk driver and are struggling to get compensation from your insurance company, you may be facing bad faith insurance practices. It's important to work with an experienced personal injury attorney who can help you understand your rights and fight for fair compensation. With the help of a skilled attorney, you can hold your insurance company accountable and ensure that you receive the compensation you deserve. Don't let bad faith insurance practices prevent you from getting the justice you deserve after a traumatic accident.

If you're a victim of a drunk driver and have sustained significant injuries, it's important to take action immediately. Contacting a drunk driving accident lawyer is essential to ensure that you receive the best legal representation and maximize your chances of receiving fair compensation.

At Bahe Cook Cantley & Nefzger, we have extensive experience in handling drunk driving cases in Kentucky. Our team of attorneys can help you hold drunk driver accountable for their actions and ensure that you receive the justice you deserve. To learn more about our services, visit our website, send us a message, or call us at (270) 789-0088.