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Essential Steps to Take After Being Hit by a Drunk Driver in Biloxi, Mississippi

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December 18, 2024

At Davis & Davis Law Firm, we understand the challenges of navigating the aftermath of an accident involving a drunk driver. Protecting your rights and securing fair compensation starts with knowing the steps to take after such an incident. This guide walks you through what to do immediately after the accident, how to handle insurance claims, and why consulting a lawyer is crucial. It also answers common questions about your legal options and potential compensation.

Immediate Steps After the Accident

Ensure Safety and Report the Incident

Your safety is the top priority. Move to a safe location if possible and call 911 to report the accident. Mississippi law mandates reporting accidents involving injuries or significant property damage. Law enforcement will document the scene and create an official report—an essential piece of evidence for your case. Learn more about Mississippi DUI laws and the penalties for drunk driving.

Gather Evidence

While waiting for authorities, document the scene if you are physically able:

  • Take photos of vehicle damage, injuries, and the surrounding area.
  • Collect contact information from witnesses.
  • Note details about the drunk driver, such as their license plate, vehicle description, and behavior.

This evidence will be critical in building your case. Visit our car accidents page for tips on handling accident claims.

Seek Medical Attention

Even if you don’t feel injured, some conditions like whiplash or internal trauma may not show symptoms immediately. Seeing a doctor ensures your injuries are documented, which strengthens your claim.  For more information about common injuries in drunk driving cases, and to learn more about the importance of medical documentation, explore our drunk driving accidents page.

Handling Insurance Claims

Notify Your Insurance Provider

Report the accident to your insurance company promptly. Provide basic information, but avoid detailed statements until consulting with an attorney.

Dealing with the Drunk Driver’s Insurance

The drunk driver’s insurer may attempt to offer a quick settlement that does not fully cover your losses. Before accepting any offers, consult an attorney to evaluate your case. Visit our contact page to get started.

Legal Options After Being Hit by a Drunk Driver

Can You Sue Someone Who Hit You While Drunk?

Yes, you can sue a drunk driver in Mississippi. Victims are often eligible for both compensatory and punitive damages. Compensatory damages cover medical expenses, lost wages, property damage, and pain and suffering. Punitive damages are designed to punish the driver for reckless behavior. For more details, check out the Mississippi DUI law and its implications for drunk driving cases.

What Are You Entitled To After Being Hit by a Drunk Driver?

If you’ve been hit by a drunk driver, you may be entitled to:

  • Current and future medical expenses.
  • Lost wages and diminished earning capacity.
  • Compensation for pain, suffering, and emotional distress.
  • Property damage.
  • Punitive damages for the driver’s recklessness.

Common Scenarios and FAQs

What Happens if a Drunk Driver Hits Your Car?

Drunk drivers in Mississippi face severe criminal and civil consequences, including license suspension, fines, and jail time. For victims, these cases often involve filing a civil claim to recover damages. In our blog, What to Do After Being Involved in a Car Accident, we go over a comprehensive checklist of what to do in an accident.

I Was Hit by a Drunk Driver with Insurance

If the driver has insurance, their policy should cover your damages up to the policy limits. If their coverage isn’t enough, you can file a claim under your uninsured/underinsured motorist policy. 

Hit by a Drunk Driver with No Injuries

Even if you were not physically injured, you may still be entitled to compensation for property damage, emotional distress, and other losses. Consulting a lawyer ensures all potential claims are explored.

Can I Sue a Drunk Driver Who Totaled My Car?

Yes, you can sue for the full market value of your vehicle, along with other related losses. Our attorneys can evaluate your case and negotiate a fair settlement. Learn more about how Davis & Davis can help in your car accident case.

I Was Hit by a Drunk Driver with No Insurance

If the at-fault driver is uninsured, you still have options:

  • File a claim under your uninsured motorist coverage.
  • Sue the driver directly, though recovery may depend on their ability to pay.
  • Investigate whether a business (e.g., bar or restaurant) may have overserved the driver, which could lead to dram shop liability.

Average Settlements for Drunk Driving Accidents

Settlement amounts vary widely depending on the severity of the accident, injuries, and the extent of damages. Common factors influencing settlements include medical costs, property damage, lost wages, and emotional distress. Our attorneys can help maximize your recovery.

Why You Need Legal Representation

Being hit by a drunk driver can be life-changing, but taking the right steps and working with an experienced lawyer can help you secure the compensation you deserve. Contact Davis & Davis Law Firm today for expert legal guidance and support. An experienced attorney can:

  • Preserve evidence and meet critical deadlines.
  • Handle negotiations with insurance companies.
  • Advocate for you in court, if necessary.

At Davis & Davis Law Firm, we specialize in helping victims of drunk driving accidents. For a personalized consultation, reach out to us through our contact page or call (228) 275-9922.

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2635 Pass Rd
Biloxi, MS 39531
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