Legal Steps to Take if Injured by a Drunk Driver

Car accidents can turn your life upside down in a matter of seconds. When alcohol is involved, the consequences often become even more serious. If you’ve been injured by a drunk driver in Orlando, it’s not just frustrating—it’s also deeply unfair. You have legal rights, and knowing the steps to take after the crash can make a big difference in your recovery and in your case.

Call the Police Immediately

After a crash involving a suspected drunk driver, your first move should be to call 911. Let emergency services know what happened, where it occurred, and if anyone is hurt. Law enforcement will come to the scene and document the incident. If the other driver is under the influence, the officer can perform field sobriety tests or a breathalyzer. This police report will become a key piece of evidence if you choose to pursue a personal injury claim.

Get Medical Help Right Away

Even if you feel fine or think your injuries are minor, always get medical attention. Some injuries may not show symptoms right away. Concussions, internal bleeding, or soft tissue injuries may take hours or days to fully develop. A medical evaluation creates a record that links your injuries to the accident. That documentation can be incredibly valuable if the insurance company questions the severity of your condition or tries to shift the blame.

Gather Evidence at the Scene

If you’re physically able, take photos and videos at the scene. Focus on vehicle damage, road conditions, skid marks, traffic signs, and any injuries. If witnesses are nearby, get their names and contact details. They may be able to confirm that the other driver appeared intoxicated or was behaving erratically. The more information you can collect in the moment, the stronger your case may be.

Avoid Speaking to the Other Driver About the Crash

It’s natural to feel angry or emotional after being hit by a drunk driver. However, try to stay calm and avoid getting into any conversations with the other driver about fault or how the accident happened. What you say could be used later by insurance companies or in court. Let the police do their job, and stick to the facts when answering their questions.

Notify Your Insurance Company

You’ll need to report the accident to your own insurance company, but keep it brief and factual. Don’t offer opinions, speculate, or say you feel fine if you’re still processing the incident. Be careful about recorded statements. Insurance companies—both yours and the drunk driver’s—are interested in limiting their liability. If you’re not sure how to communicate with them, it’s a good time to consider speaking with a personal injury attorney.

Understand Your Legal Options in Florida

In Florida, drunk driving is not just a criminal offense—it can also open the door for a civil lawsuit. If someone else’s poor choices put you in the hospital, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other losses.

You can file a personal injury claim with the drunk driver’s insurance company. If that doesn’t fully cover your damages—or if they are uninsured—you may need to sue the driver directly. In some cases, you might also be able to pursue a claim against a bar or restaurant that overserved the driver before the crash under what’s known as a dram shop liability claim. However, these cases are complex and require solid legal guidance.

Why Timing Matters

Florida’s statute of limitations sets a strict deadline. In most cases, you have two years from the date of the crash to file a personal injury lawsuit. That might sound like a long time, but building a case takes work. Evidence needs to be preserved, witnesses need to be contacted, and your injuries need to be evaluated. Waiting too long could mean losing your right to recover anything.

Don’t Rely on the Criminal Case Alone

If the driver who hit you is charged with DUI, they will likely face criminal penalties. But a criminal case won’t automatically pay your medical bills or compensate you for missed time at work. That’s where a civil case comes in. It runs separately from the criminal process and is focused on getting you the financial recovery you need—not punishing the driver. A conviction in the criminal case, however, can support your civil claim and make it easier to establish fault.

Be Cautious on Social Media

After the crash, avoid posting details of the accident or your recovery on social media. Insurance adjusters and defense attorneys often search for posts they can use to undermine your case. Even something as simple as a photo at a friend’s birthday party could be used to argue you aren’t as injured as you claim.

Working With a Personal Injury Lawyer Can Help

You don’t have to handle this on your own. A personal injury lawyer can step in to deal with the insurance companies, gather the necessary evidence, and build a strong case on your behalf. They can also calculate the true value of your claim and push for fair compensation.

When you’re hurt in a drunk driving accident, you’re already dealing with physical pain, stress, and financial uncertainty. Having someone in your corner who knows the legal system and how to protect your rights can make a difficult situation more manageable.

Conclusion

Getting hit by a drunk driver is a traumatic experience. But it doesn’t have to define your future. By taking the right steps—starting with reporting the crash, getting medical care, and understanding your legal rights—you put yourself in a better position to recover physically and financially.

If you’re in Orlando and unsure what to do next, reach out to a personal injury attorney familiar with Florida law. A knowledgeable lawyer can help you make informed choices and fight for the justice you deserve.